A Role-Play Mock TrialR’S GUIDE Cookie jar CASEINSTRUCTO 5tGh–R8thADE
The Cookie Jar Case A Role-Play Mock Trial Copyright © Community Learning LLC. All rights reserved.
Table of ContentsPreface ..................................................................................................... iiiIntroduction ......................................................................................................vLesson 1: How a Courtroom Works ........................................................1Lesson 2: Opening Statements................................................................17Lesson 3: Questioning Witnesses .......................................................... 33Lesson 4: Closing Remarks..................................................................... 45Lesson 5: e Mock Trial ........................................................................ 57Glossary .....................................................................................................63Copyright © Community Learning LLC. All rights reserved. Instructor’s Guide i
PrefaceWelcome to The Cookie Jar Case: the fairness of the judge. His or her o cial status alsoA Role-Play Mock Trial lends to the mock trial experience. Your Course Kit is complete with an o cial judge’s robe and a gavel. Let the e Cookie Jar Case will soon transform your classroom role-playing begin!into a courtroom!Recently your students worked hard as crime scene is course consists of four action-packed trialinvestigators to reach the exciting conclusion of e preparation lessons and will culminate in a h lesson,Cookie Jar Mystery. Now they will have the opportunity the trial, followed by a student evaluation session.to continue the mystery’s excitement as they prepare Learners will begin by exploring how a courtroom isfor and participate in a mock trial. Mock trials can be laid out, who the personnel in a trial are, and what rolescripted; however, e Cookie Jar Case is a role-play each of these participants play in a criminal trial. In theexperience. e Cookie Jar Mystery’s suspect will become step-by-step process of creating opening and closingthe defendant in a simulated criminal trial. Students statements, the students will organize materials in orderwill be role-playing on prosecution or defense teams. to identify advantageous points to their case and those of disadvantage to their case. ey will concentrate on ey will prepare for and act as attorneys, witnesses, the themes that will appeal to court members and developdefendant, baili , or courtroom clerk. As teams, they lines of questioning for witnesses. Students will bewill be directed to develop original opening statements, exposed to courtroom procedures and numerous law-questions and closing arguments in compliance with related careers.actual courtroom procedures. Participation in mock trials strengthens critical thinking while developing listening and questioning skills. In is thought-provoking role-play will become life-like for the fun of role-playing, students will be making oralstudents as they explore the legal implications of exhibits presentations and extemporaneous arguments. Quicklythey prepared in the previous course. Learners will begin the courtroom becomes demysti ed. It is our hope thatto understand the potential faultiness of eye-witness students will become better prepared citizens with atestimony and become believers in the importance of desire to be involved in future trials as witnesses, jurors,forensic science to determine the guilt or innocence of or professionals. We thank you for your e orts in settingan individual. Students will come to understand that the stage for this wonderful learning experience.evidence is constant whereas memories can become About the Organization of this Course econfused. Trial testimonies o en take place months step-wise presentation of each lesson makes Communityor years a er the evidence was collected. Crime scene Learning materials and activities easy to follow for anyinvestigators must have a strong sense of observation and instructor.recall. Taking this case to trial reemphasizes important Each lesson in the Instructor’s Guide contains thelearning from the rst course in a life-like setting and following helpful elements:gives the students an opportunity to develop new criticalthinking and language arts skills. Objectives: what students can be expected to learnProsecution and defense teams will select a jury of twelve from this activity.people from a pool. You can organize this group from Materials List: clear identi cation of the materialstheir peers in other classes, school faculty, parents or required from the Course Kit (provided) for eachcommunity members. It is your responsibility to nd lesson.and schedule the judge. Use your local resources, faculty Preparation Notes (set-up): easy set-ups thatcontacts, and parent population to nd the right person. ensure learner engagement is on task and on time.A “real” judge adds legitimacy to a mock trial. An attorneycan easily act as a judge and may be willing to preside at Instructor’s Guide iiiyour trial. Consider law clerks, senior law students, orprobation o cers with court experience. Of course, ifoutside individuals are not a possibility, you or anotherteacher may play the role. Students will most rememberCopyright © Community Learning LLC. All rights reserved.
Preface The Cookie Jar Case: A Role-Play Mock Trial Notes for the Instructor: a brief introduction to About the Community Learning Team the subject matter and challenges presented in Community Learning’s mission is to provide thought- each lesson, o en with real-life examples. provoking, hands-on and academically enriching learning experiences for elementary, middle and high Notes for the Students (including new vocabulary): school students. Our courses can be used a er school, introductory material for the students to read, over the summer or during the school day. Our courses discuss, watch or listen to in order to “set the are developed by subject area experts and provide stage” for each lesson. complete support for administrators desiring a rich, Activity Descriptions: step-by-step procedures for engaging program for their participants. the participants’ immersion in the activity. Clean-up Notes: wrap-up and storage instructions ematic integration is what makes Community for the most cost e ective use and preservation of Learning courses work—youngsters get extended materials. engagement over several days or weeks that builds con dence, character and competency in a variety of Other Directions, Discussions and Destinations: subject areas. With an emphasis on fun, Community helpful links to media, books, and internet Learning’s courses work to ignite curiosity and stimulate resources that extend lessons and help learners authentic learning in contexts ranging from art to understand new concepts across disciplinary and criminal investigation. Instructors provide guidance in cultural divides. every lesson—and are supported by step-by-step plansStudent Books (20 in each Course Kit) are companions and easy-to-manage materials. Watch our web site, www.to the Instructor’s Guide, and provide worksheets and CommLearning.com, for more information about oursupplemental information for learners’ knowledge. ese forthcoming Course Kits!are designed for students to keep. From lesson to lesson, We look forward to working with you and your stastudents record information to which they can refer as to create a great program for children. If you have anythe case progresses. questions or comments, please contact us at support@Course Kit Materials include materials needed to CommLearning.com.complete each activity outlined in the Instructor’s Guide. Community Learning Is Partnered with You!Reminder: You will need to use the evidence you No one knows how to make these classroom-testedprepared and saved from e Cookie Jar Mystery. activities work better than you do, and each group ofA Note about Volunteers students is likely to have a unique experience. We are e Cookie Jar Case has a variety of responsibilities that eager to hear from you! Please take a moment to drop acan be shared with a volunteer, or other adult, willing to note or email regarding your experience with this course.assist in the preparation and implementation of the lessons. You can reach us at [email protected]. ese responsibilities include but are not limited to: t PSHBOJ[JOHTVQQMJFT t BOTXFSJOHTUVEFOUTRVFTUJPOT t QBTTJOHPVUBOEDPMMFDUJOHNBUFSJBMT t DMBTTSPPNDPVSUSPPNBSSBOHFNFOU t XPSLJOHXJUIQSPTFDVUJPOPSEFGFOTFUFBN during trial preparations t KVSZSPMFT t QVCMJDSPMFT t KVEHFSPMFiv Instructor’s Guide Copyright © Community Learning LLC. All rights reserved.
Introduction Take the Evidence to Trial Instructor’s Guide v For the last few weeks you’ve been examining the various clues le behind when someone ate Mrs. Randall’s chocolate chip cookies and broke her cookie jar. You’ve practiced your observation skills and analyzed handwriting, ink, and hair samples. You’ve looked for trace evidence and at shoe prints, bite marks and ngerprints. You’ve even looked at blood samples and learned about DNA. You’ve read the suspects’ statements. And through it all, you’ve taken notes to determine who ate those cookies and broke the cookie jar. Your investigation is complete and you have determined who you think committed this heinous crime. Now it’s time to take the evidence and present it in a trial, where a jury will determine if those whom you suspect ate Mrs. Randall’s cookies and broke the cookie jar really did it. Earlier you were forensic partners, analyzing evidence. Now, as you bring the case to court, you will become the attorneys and expert witnesses. Your rst step will be to look at how a courtroom works, the people who work on it, and what they do. We will then split up into two teams of attorneys and prepare for the trial of the accused. We will examine the evidence you gathered as forensic partners and, now acting as attorneys, decide how to present your case in the best possible manner to the jury. We will create opening statements and learn how to question witnesses that we have called. We will discover how to cross-examine witnesses who have been called by the other team of attorneys. We will also look at how to wrap up a trial by delivering an e ective and persuasive closing statement. At the end, we will hold a role-play mock trial. It will give you a chance to practice all of the things you have learned and enjoyed during this course. We will have a jury of volunteers and you will have an opportunity to present your case to them. At the end of the trial, they will deliver the verdict. So let’s get busy—we’ve got a case to prepare! In a role-play trial, there is no “script” that tells us exactly what to say. Rather, each of you will act out one of the roles and will decide what an attorney or perhaps expert witness might say.Copyright © Community Learning LLC. All rights reserved.
Introduction The Cookie Jar Mystery:vi Instructor’s Guide Copyright © Community Learning LLC. All rights reserved.
Lesson 1: How a Courtroom WorksObjectives 3. Move to each location in the “courtroom” toStudents will: illustrate the role as the instructor explains it. Learn about the participants in a criminal trial 4. Work with one of the teams to facilitate thet &TUBCMJTIQSPTFDVUJPOBOEEFGFOTFUFBNT activities.Materials Notes for the Instructor set of 9 courtroom personnel signs Most students have seen courtroom drama in the defense portfolio movies or on TV, but the emphasis will o en be prosecution portfolio on a few important characters, or the “stars” of the 2 evidence envelopes provided in kit show. In reality, the courtroom is a place of work 2 evidence envelopes saved from The Cookie Jar Mystery and business and there are many participants, all of student activity books whom make an important contribution. pencils is lesson should demystify the courtroom settingPreparation to give the students a basic working knowledge of:1. Re-arrange the classroom into the courtroom t IPXBDPVSUSPPNJTMBJEPVU t XIPUIFQBSUJDJQBOUTBSFJOBDSJNJOBMUSJBM structure (using the courtroom layout diagram) t XIBUSPMFFBDIQBSUJDJQBOUQMBZTJOBDSJNJOBM with places for: t KVEHF trial t KVSZ t UIFSVMFTCZXIJDIBMMQBSUJDJQBOUTNVTUBCJEF t QSPTFDVUJPOBOEEFGFOTFUFBNT So, who are the participants in a criminal trial and t XJUOFTTiCPYw how does it all work? t CBJMJČ Criminal procedure and evidence are subjects t DPVSUSPPNDMFSL that can be taught over the span of years; it takes t DPVSUSFQPSUFS that long to truly understand the intricacies. e t UIFQVCMJDHBMMFSZ activities in this lesson are designed to give students2. For activity 2 the students will work together a concise understanding of the participants in a in teams and activity 3 involves general criminal trial, how the participants are physically discussion. organized and the basics of courtroom etiquette.3. e students will work in the teams established We’ll show how a courtroom is physically structured for activity 2 for the rest of the course. You can and illustrate through role-playing the di erent plan the teams ahead of time or let the students participants in a criminal trial and the roles they select the teams. ful ll.4. Prepare each team’s (prosecution and defense) In this lesson, the students will be divided into materials to include pencils, portfolios, and defense and prosecution teams. ( e students will evidence envelopes. stay in these teams through the rest of the course.Volunteer Role You can decide if you’d like to assign the students to1. Assist in setting up classroom to follow a team or have them choose teams. Consider polling courtroom layout diagram. the students for their top three role choices.) Each2. Distribute materials and assist with room clean-up.Copyright © Community Learning LLC. All rights reserved. Instructor’s Guide 1
Lesson 1 how a courtroom worksteam will decide who should ll which key roles and In this lesson, we are going to construct a courtroombegin thinking about each role’s responsibilities in and talk about the people who populate it. We willpreparation for and conduct of the trial. You will also see where everyone is located within the courtroom,work with the whole group to explore the roles of and talk about what roles they ful ll in courtroomjudge and jury. proceedings and what kind of rules they have toAt the end of the lesson, students will be ready to follow. You will learn about prosecution and defenseprepare their cases for the mock trial. Explain to teams and how to select a jury for your own case—students that the next three lessons will take them the Cookie Jar Trial.through their case preparation, and the mock trial Everyone in the courtroom has to follow the ruleswill form the nal lesson. of criminal procedure and evidence. ese regulate the conduct of a trial and the conduct of those Notes for the Student administering justice. ey are designed primarily toIt’s time to bring the Cookie Jar Case to trial. We’ve ensure that the trial is fair to all of those involved. eregathered the evidence and a suspect has been are several di erent kinds of trials. e Cookie Jararrested and charged. Now we need to use the due Trial will be a criminal trial. Civil cases usually involveprocess of law to ensure the suspect gets a fair trial questions of property, contracts, or personal damages.and justice is served. Over the next few lessons,you will have the chance to set up a courtroom, Vocabularyprepare the cases the prosecution and defense teams Acquitted: to declare the defendant not guilty a er awill present, and nally bring your evidence and legal trial.witnesses to trial before a jury. We’ll nd out if your Baili : an individual whose role is to maintain theevidence is sound, and if your suspect is innocent or courtroom proceedings, handle evidence whereguilty. So where do we start? required, and ensure the civility and safety of theIn our legal system, an individual is assumed courtroom. ey are o en sheri ’s deputies orinnocent until proven otherwise. e Prosecution marshals.bears the burden of proof. e Prosecution must set Burden of proof: the legal obligation to prove theforth evidence which as a whole proves “beyond a allegation being made. In a criminal case the burdenreasonable doubt” that the Defendant is guilty. If, of proof lies with the prosecution.a er all the evidence is presented, the jury possesses Charge to the jury: instruction and advice givena reasonable doubt as to the Defendant’s guilt, they by the judge to the jury about the law applicablecannot convict. to the case.We have all seen courtroom drama in the movies Convicted: to prove guilt of a defendant for anand on television. Critical moments are played out o ense a er a legal trial.between a witness and an attorney in a moment Court reporter: a person who makes a word-for- word record of what happens in the court. e lled with mystery and drama, similar to when record is called a transcript.Paul Newman meets with a doctor he believes to be Courtroom clerk: an individual who swears inhis star witness in e Verdict. But there are many witnesses and is responsible for maintaining thepeople involved in the preparation for and conduct records and paperwork of the court.of a trial who are not shown in the movies. ey Cross-examine: questioning of a witness by anful ll important roles in the trial. Who are all the attorney of the opposite side during a legal trial a erparticipants in a trial? What roles do all the people direct examination.involved in a trial ful ll and why are they important? Defendant: in a criminal case, this is the personAnd what rules govern their conduct? charged with a crime or crimes.2 Instructor’s Guide Copyright © Community Learning LLC. All rights reserved.
how a courtroom works Lesson 1Defense attorney: the attorney representing the Testimony: evidence given by a witness. is can bedefendant. in either written or oral form.Deliberation: a jury’s careful consideration and Verdict: in a criminal trial, the decision the jury willdiscussion of evidence during a criminal trial in reach as to the guilt or innocence of the defendant.order to determine the innocence or guilt of the Witness: a person who supplies testimony in a case.defendant.Expert witness: a witness who is an established Activity 1: What Happens in Court?expert in a given eld. ey are o en required to (10 minutes)testify in areas where the evidence requires expertknowledge. For example, a medical expert might be 1. Read “Notes to Students” section to the class.required to analyze a wound or experts in forensicscience might be required to identify genetic 2. Hand out Student Books, if you haven’tmaterial. Where there might be a di erence of already. Have the students put their names inopinion or interpretation of the evidence, both sides their books.(the prosecution and defense) may want their ownexpert. 3. Have the students turn to Activity 1: CourtroomJudge: a government o cial with the authority to Personnel on page 2 in their Student Books.oversee and direct the court proceedings.Juror: a person selected to be part of a jury. 4. Move to where the judge would be located in theJury: people (jurors) selected to determine matters courtroom. As you stop, have a student orof fact and come to a verdict in a trial. Federal students identify the role and ask them to sit incriminal juries have twelve jurors and civil juries the place with the laminated sign for “judge.” Askhave six jurors. them to explain what they think the role is, andObjection: where an attorney appeals to the judge use their comments to lead a discussion aboutin order to correct some conduct, usually by the why the role is important and what the key dutiesattorney for the other side, that he or she thinks are for the judge (see below for some ideas).CSFBDIFTUIFSVMFTPGDSJNJOBMQSPDFEVSFBOEPSUIF Do this for each of the courtroom personnel onrules of evidence. the diagram. Students can keep a record of theOpening statement: the rst occasion that the jury discussion in their activity book (Activity 1:or judge has to hear from an attorney about the case Courtroom Personnel worksheet). Beforebeing tried. moving to the next location, ask the designatedProcedure: the rules for conduct of a lawsuit or trial. student to review the role’s responsibilities listed on the back of the laminated signs. At the ere are di erent procedures for civil and criminal end of the activity, a student should be sitting inproceedings. the place of each of the main roles, illustratingProsecutor: the attorney who tries a criminal case the courtroom layout.on behalf of the government.Public defender: also called a public defenseattorney. ese attorneys represent defendants whocannot a ord an attorney in a criminal case.Public: members of a courtroom who participate asan audience.Standard of proof: the amount of evidence whichmust be presented at trial. In a criminal case thestandard of proof is, beyond a reasonable doubt.Subpoena: court order document requiring a personto “appear” in court; penalty for not attending.Copyright © Community Learning LLC. All rights reserved. Instructor’s Guide 3
Lesson 1 how a courtroom works Courtroom Personnel 3 2 4 8 9 1 5 7 64 Instructor’s Guide Copyright © Community Learning LLC. All rights reserved.
how a courtroom works Lesson 11 JUDGEt oversees trial and courtroom t charges the jury (gives instruction and advice tot HJWFTPQFOJOHJOTUSVDUJPOTUPUIFKVSZ the jury about the case) and informs them of theirt DBMMTGPSopening statements obligationst DBMMTGPSRVFTUJPOJOHPGUIFXJUOFTTFTCZ t FYDVTFTUIFKVSZGSPNUIFDPVSUSPPNUPdeliberate prosecution (careful consideration and discussion before thet BMMPXTEFGFOTFUPcross-examine (ask their own decision of the jury) questions) each witness t IFBSTUIFverdict (decision) of the juryt DBMMTGPSRVFTUJPOJOHPGUIFXJUOFTTFTCZUIF t QSPOPVODFTUIFTFOUFODF EFUFSNJOBUJPOPG defense punishment) if the defendant is convictedt BMMPXTQSPTFDVUJPOUPDSPTTFYBNJOFFBDIXJUOFTT (guilty) or releases him if acquitted (determinedt SVMFTPORVFTUJPOTSBJTFEEVSJOHUIFUSJBMPS not guilty) t EJTNJTTFTUIFKVSZ objections noted (concerns raised about the t BEKPVSOTUIFDPVSU courtroom conduct of an attorney from the opposite side or their introduction of evidence)t BTLTGPSDMPTJOHTUBUFNFOUTGSPNUIFQSPTFDVUJPO and then the defenseCopyright © Community Learning LLC. All rights reserved. Instructor’s Guide 5
Lesson 1 how a courtroom works2 WITNESSESt supply the facts in the case t JGXJUOFTTFTBSFTFRVFTUFSFE POMZBMMPXFEUPCFt BUUPSOFZTIBWFUIFQPXFSUPsubpoena a witness in the courtroom during their own testimony), both the defendant and the victim have a (order a person to attend a court case with a legal constitutional right to remain in the courtroom penalty for not attending) throughout the trialt NBZOPUIBWFTFFOUIFDSJNFUBLFQMBDFt NBZCFBTLFEUPQSPWJEFJOGPSNBUJPOPOUIF t JGXJUOFTTJTSFMBUFEUPUIFEFGFOEBOUGPSFYBNQMF character of the defendant or to o er special NBSSJFEIFTIFDBOCFFYDVTFEGSPNUFTUJGZJOH expertiset expert witnesses provide education, training but may do so and skills in a particular area so they can present t BXJUOFTTJTSFRVJSFEUPBOTXFSFWFSZRVFTUJPO an expert analysis regarding the trialt FYQFSUXJUOFTTFTNBLFBQQSPYJNBUFMZISUP unless the witness is related to the defendant IS SFHBSEMFTTPGUIFUSJBMPVUDPNFBOE or because their job requires them to maintain must be certi ed by the court professional con dentiality (doctor-patient ort EFGFOEBOUTmay testify as well as the crime victim priest-penitent). Or in some cases they are allowed to plead the 5th amendment, which protects individuals from forced self-incrimination.6 Instructor’s Guide Copyright © Community Learning LLC. All rights reserved.
how a courtroom works Lesson 1 3 JURY Instructor’s Guide 7t listen actively to the speeches and testimonies of the trial; follow the directions of the judge; and make a decision based on the facts of the trial in order to determine the innocence or guilt of the accused for the charges brought against him or hert JOPSEFSUPTFMFDUBKVSZQPUFOUJBMjurors are summoned to the court and a judge or the defense and prosecution parties ask the jurors questions to determine their biases and opinions or knowledge of the caset FBDIQBSUZ QSPTFDVUJPOBOEEFGFOTFNBZSFKFDU a certain number of potential jurorst BTFMFDUFEKVSZJTTXPSOJOUPUIFDPVSUBOEQBSUJFT give their opening arguments, present evidence, give their closing arguments and then the jury must deliberatet PODFUIFKVSZIBTNBEFBEFDJTJPOBOESFUVSOTUPUIF courtroom, an announcement of the verdict is made 4 PROSECUTIONt attorneys responsible for trying a criminal case on behalf of the government, the “State”t NVTUQSPWJEFCVSEFOPGQSPPGt EFWFMPQPQFOJOHBOEDMPTJOHTUBUFNFOUTGPSUIF trial and examine and cross-examine witnessest MPPLGPSFWJEFODFUIBUTIPXTXIZUIFEFGFOEBOU would have committed a criminal actt BEWPDBUFGPSWJDUJNTPGDSJNFt SFTQPOTJCMFGPSQSFTFOUJOHUIFFWJEFODFPGUIF crime and calling the witnessest SFRVJSFEUPQSPWFUIBUUIFEFGFOEBOUJTHVJMUZ beyond a reasonable doubtCopyright © Community Learning LLC. All rights reserved.
Lesson 1 how a courtroom works 5 DEFENSE Copyright © Community Learning LLC. All rights reserved.t attorneys responsible for trying a criminal case on behalf of the defendant (the person accused of the crime)t EFWFMPQPQFOJOHBOEDMPTJOHTUBUFNFOUTGPSUIF trial and examine and cross-examine witnessest XPSLJOUIFEFGFOEBOUTJOUFSFTUUPDPOUFTUGBDUT or present them in a way that is inconclusivet SFTQPOTJCJMJUJFTJODMVEFBSSBOHJOHCBJMBOEKBJMWJTJUBUJPOT for the defendant as well as appealing convictionst NBOZDSJNJOBMdefense attorneys are not in private practice, but they work in the public defender’s o ce for clients who cannot a ord representation 6 BAILIFFt aids the judge in conducting the trial by maintaining the safety and civility of the courtroomt DBMMTDPVSUSPPNUPPSEFSt FTDPSUTXJUOFTTFTBOEUIFKVSZJOUPUIFDPVSUSPPNt SFTQPOTJCMFGPSUIFTFDVSJUZPGUIFDPVSUSPPN as well as ensuring that the members of the court, particularly the public, behave in an appropriate mannert JOTPNFTUBUFTDPVSUPďDFSTBSFBMMPXFEUPDBSSZ re arms 7 COURTROOM CLERKt aids the judge in conducting the trial with administrative supportt BENJOJTUFSTUIFPBUICZTXFBSJOHJOUIFXJUOFTTt QSFQBSFTEPDVNFOUTt NBJOUBJOTDPVSUSFDPSETt MFBETUIFKVSZUPUIFKVSZSPPNGPSEFMJCFSBUJPO and then escorts the jury back to court when a verdict has been reachedt SFDFJWFTUIFWFSEJDUPGUIFKVSZ8 Instructor’s Guide
how a courtroom works Lesson 18 COURT REPORTERt SFDPSETXPSEGPSXPSEXIBUIBQQFOTJOUIF courtroom during a trialt UIJTTQFDJBMEPDVNFOUJTDBMMFEBUSBOTDSJQU 9 PUBLICt NPTUTUBUFBOEGFEFSBMUSJBMTBSFPQFOGPSUIF public to observet KVEHFTXFMDPNFPCTFSWFSTJOUIFBVEJFODFt BDPVSUSPPNNBZCFDMPTFEXIFOBDIJMEUFTUJĕFTt UIFSFBSFiDPVSUSPPNKVOLJFTwQFPQMFXIPHP from courtroom to courtroom watching trials that interest themt JOPSEFSUPĕOEBOJOUFSFTUJOHUSJBMBTLB courthouse security person which judge is handling a felony trial (note: all trials may not be appropriate for student audiences)Copyright © Community Learning LLC. All rights reserved. Instructor’s Guide 9
Lesson 1 how a courtroom works5. Remember, at the end of the activity, a student to act as baili and prosecution teams will select should be sitting in the place of each of the main a person to act as courtroom clerk. ese roles, illustrating the courtroom layout. students will participate in their team’s case preparation, but on trial day they will play6. Spend a few minutes discussing the formality neutral roles. Students should consider the of the courtroom. e courtroom is an important characteristics needed to maintain neutrality place, one which represents constitutional rights through a court case, and assign this role as they to a fair trial for all citizens. As such, it deserves did the other roles. respect. What kind of rules would students’ 4. Hand out the defense and prosecution portfolios expect in a courtroom? How should they dress? and evidence envelopes. e students will now Record the rules students suggest onto a piece begin to prepare their cases. e next three of ip chart paper and display it in the room. lessons will allow them more time to go over Keep these rules and display them for each lesson. each step in detail, but by the end of this lesson Activity 2: Prosecution vs. Defense members of each team should have familiarized (30 minutes) themselves with the materials in their portfolios and if time allows, begin to outline key1. Divide the class into two teams or have the arguments for their case. students pick teams. One will be the prosecution team and one will be the defense team. Discuss Activity 3: Jury Duty what the prosecution and defense teams will do (10 minutes) (one will try to prove the suspect, or defendant, 1. Explain to students the signi cance of the jury. is guilty, while the other will try to defend the e right to trial by jury is an important part defendant). Each team will use the relevant of every citizen’s constitutional rights. Ask Casting Sheet (Activity 2, pages 3-4 in their students if they know anyone who has served Student Books) to assign members to each of the jury duty and what they know of their roles on the team. experience. 2. Discuss the role of the jury for the Cookie Jar2. Encourage each team to discuss what skills and Case. Who do students think would make good characteristics they think are necessary for jurors? Discuss what we mean by a “jury each role. ey can work through each role of peers” and why jurors must not have prior in turn, writing down the main skills or type of knowledge of a case or a personal bias that might person that would do well in that role. ey a ect their decision. Explain that the jury for the should then decide who on their team best Cookie Jar Case will consist of volunteers that matches that pro le and who should play that the students invite to participate. part in the mock trial. Depending on the 3. Poll students for suggestions of who they might numbers in each team, teams may need more or ask to serve on the jury for their upcoming trial. fewer witnesses. A minimum of three witnesses Parents, friends or school sta could all be is necessary. Students may have to play more considered, if they are available to attend the than one witness character. Similarly, they do not mock trial. Each team should nominate half of need a legal team of four, although a minimum the jury (six jurors), and the students should of two and a maximum of four is recommended. work as a group to agree on the nal list of up to Extra students should be allocated additional twelve potential jurors. witness roles.3. Each team will be responsible for assigning one neutral role. Defense teams will select a person10 Instructor’s Guide Copyright © Community Learning LLC. All rights reserved.
how a courtroom works Lesson 1 Clean Up 5. For an overview of the Supreme Court, see the (10 minutes) following introduction provided by the Supreme1. Collect and store all materials, including student activity books. $PVSUXFCTJUFXXXTVQSFNFDPVSUHPWBCPVU 2. Make sure the room is back in order. about.aspx Other Directions, Discussions, You can nd more resources and the most current and Destinations links by visiting our website at www.CommLearning. com, clicking on e Cookie Jar Case course kit and1. Students should be encouraged to nd and watch then Tools for Teaching. courtroom dramas on DVD and TV, and to think about the di erent roles of the participants Notes: as they watch. Even non-jury courtrooms (such as Judge Judy) are useful illustrations of how courtrooms operate and how judges and baili s manage proceedings. Check your TV schedule to see if there are courtroom programs available for students to watch and discuss.2. Most county courts have open proceedings; you might like to explain to your students how they can visit a court and observe court proceedings. It is important to emphasize thateven as a spectator in a courtroom there are certain rules of etiquette. ey should dress appropriately and make sure their cell phones are switched o . ey should not eat, drink, chew gum, listen to music or talk to the people around them. ey should enter and leave the courtroom only when they are instructed, so they don’t interrupt the proceedings.3. Many students will know of a relative or family friend who has served as a juror. Ask students to talk to someone they know about their jury duty experience, and bring their ndings back to the class for discussion.4. Students may enjoy the U.S. Department of Justice website for kids, where they can follow the path of a federal investigator through a case GSPNCFHJOOJOHUPFOEXXXVTEPKHPWVTBP FPVTBLJETQBHFJOEFYIUNMCopyright © Community Learning LLC. All rights reserved. Instructor’s Guide 11
Lesson 1 Activity 1: Courtroom Personnel 7 1 3 2 5 6 8 4 9For each location in the courtroom diagram above, record the key aspects of the role.1. Judge:2. Witness:3. Jury:4. Prosecutor:5. Defendant and Defense:6. Baili :7. Courtroom Clerk:8. Court Reporter:9. Public: Student Book Page 212 Instructor’s Guide Copyright © Community Learning LLC. All rights reserved.
Lesson 1 Activity 2: Casting Sheet Prosecution TeamFor each role, describe what you think are the key characteristics and skills needed to play the role well.What do real-life participants need to know or be able to do to ful ll these roles? Who in your team will playeach role? Refer to the courtroom personnel chart on the previous page. Role Skills and Knowledge Actor Leader of the t MFBEFSTIJQ t NFNPSJ[BUJPOProsecution Team t QVCMJDTQFBLJOH t EFCBUJOH t EFMFHBUJPO t VOEFSTUBOEJOHPGUIFDBTF t BEWPDBUJOHProsecutor t UBLFTEJSFDUJPOXFMM t HPPEBUTVQQPSUJOHSPMF t UFBNQMBZFSProsecutorProsecutorWitness for the t HSFBUXJUIGBDJBMFYQSFTTJPOT ProsecutionWitness for the t HPPEXJUIGBDUT Prosecution t BDUJOHTLJMMTESBNBUJDWitness for the ProsecutionWitness for the Prosecution Neutral Role: t BENJOJTUSBUJWF t VOEFSTUBOEJOHPGUIFDBTFCourtroom Clerk t GPMMPXUISPVHI t UFBNQMBZFS t EFUBJMPSJFOUFE Student Book Page 3Copyright © Community Learning LLC. All rights reserved. Instructor’s Guide 13
Lesson 1Activity 2: Casting Sheet Defense TeamFor each role, describe what you think are the key characteristics and skills needed to play the role well.What do real-life participants need to know or be able to do to ful ll these roles? Who in your team will playeach role? Refer to the courtroom personnel chart on the previous page. Role Skills and Knowledge Actor Leader of the t MFBEFSTIJQ t NFNPSJ[BUJPO Defense Attorneys t QVCMJDTQFBLJOH t EFCBUJOH t EFMFHBUJPO t VOEFSTUBOEJOHPG t BEWPDBUJOH the caseDefense Attorney t UBLFTEJSFDUJPOXFMM t HPPEBUTVQQPSUJOHSPMF t UFBNQMBZFSDefense AttorneyDefense Attorney Defendant t HSFBUXJUIGBDJBMFYQSFTTJPOT t HPPEXJUIGBDUT Witness for the t BDUJOHTLJMMTESBNBUJD Defendant t QFBDFLFFQJOHBCJMJUZ Witness for the t BVUIPSJUZĕHVSF Defendant Student Book Page 4 Witness for the Copyright © Community Learning LLC. All rights reserved. Defendant Neutral Role: Baili14 Instructor’s Guide
Lesson 3: Questioning WitnessesObjectives Notes for the InstructorStudents will: Witness evidence is o en the most important aspect of telling the evidentiary story in a criminal trial. Learn the importance of preparation and the An attorney must use techniques within the bounds role it plays in e ective witness testimony of courtroom procedure in order to ensure that at -FBSOCBTJDTLJMMTGPSQSFQBSJOHUPRVFTUJPO witness bene ts the case. In this lesson, students will: witnesses in a criminal trial t MFBSOUIFCBTJDTPGIPXUIFZTIPVMEUSFBUUIFJSt -FBSOBCPVUTPNFPGUIFUFDIOJRVFTPG examination in chief and cross-examination of own witnesses, and witnesses called by the other witnesses sideMaterials t MFBSOIPXUPBMMPXBXJUOFTTUPUFMMIJTPSIFS story with maximum bene t to the team’s case, ip chart paper or minimum detriment (damage) marker Physical or forensic evidence will also have to be student activity books introduced to the court by a witness. For example, prosecution and defense portfolios a knife found at the murder scene would be pencils introduced by the police o cer who found it at the 4 Post-It Notes, 2 di erent colors per team scene. Fingerprints or bite mark pro les would bePreparation introduced by the forensic scientist or technician1. Prepare each team’s (prosecution and defense) who produced them and compared them to dental materials, pencils, Post-It Notes and student records. Students should have completed e Cookie activity books. Jar Mystery, so will be familiar with the evidence2. Arrange the classroom to allow the members needed for this trial. of each team to work together, examining the In cross-examination, the attorney for the other evidence, without observation by the other side may wish to question any scienti c process team. Placing the tables so the teams have their or conclusion by questioning any procedure or backs to each other works well. expert analysis. If a knife was kept on a desk andVolunteer Role handled by a number of di erent people during1. Assist in arranging the classroom, distributing the investigation, its evidentiary value is greatly handouts and other materials, and room clean- reduced— ngerprints and genetic material not up. related to the case will inevitably be found on2. Work with one of the teams to facilitate the the knife. If it was placed in a sealed container at activities. the scene and kept there until the trial except for scienti c analysis, it would be much harder to question. e documentation of the whereabouts and treatment of physical evidence is known as chain of custody.Copyright © Community Learning LLC. All rights reserved. Instructor’s Guide 33
Lesson 3 Questioning Witnesses Notes for the Student In cross-examination, you may ask either openIt is the witnesses and not the attorneys who have the questions or leading questions. Usually a witness forbiggest in uence on the outcome of a trial. Whether the other side will contradict your case. However,they are witnesses of fact (i.e. those who actually saw there are o en elements of his or her evidence thator heard what happened), character witnesses, or will be consistent with your case, such as the timeexpert witnesses (such as forensic scientists), the jury and location of the alleged (described) incident. Trywill be greatly in uenced by what they say and the to cover those areas rst so that you can establishstory they tell. In general, it is the witnesses the jury a rapport with the witness and make him or herlikes to hear, rather than the attorneys, and it is your feel more comfortable. When it comes to cross-job to make sure they tell their story in a way that examination, do so calmly and with assurance.bene ts your case. Cross-examine, do not examine crossly!As an attorney for either the prosecution or defense, Also, if a witness disagrees with your position, doyou will have a list of witnesses who will appear as not re-ask the same question in the hope that thepart of your case. ese, in general, are the witnesses witness will change his or her mind. ey seldomwho will be bene cial to you. When they appear, you do, and repetition just gives them the opportunitywill question them rst, before the other side gets to restate and emphasize to the jury an opinion thattheir opportunity. is is known as examination in may be detrimental to your case. Move on to yourchief. During examination in chief, you may only next question. You can cover any points in yourask open questions. ese are questions that do not closing speech when the witness will not be able tosuggest the answer, or to put in another way, they are respond.not leading or closed questions. Witnesses may talk about what happened during the alleged incident, and what they saw, but physicalAn example of an open question is, “What happened evidence also has to be introduced by a witness.next?” For example, if genetic material, bers, or otherAn open question usually requires a detailed response. substances are found at a crime scene, the personIf you can answer “yes” or “no” to a question in exa- who found them must introduce them into evidence.mination, it is almost certainly not an open question. In practice, this is o en done by reading a witness statement of the person who found the material, asAn example of a closed question is, “Did you open the usually the evidence will not be disputed by the otherdoor?” side. What is likely to be disputed is the conclusionA leading or closed question can almost always be that either side draws from the evidence, and that isanswered using “yes” or “no,” although the witness o en where expert witnesses come in.may want to give a more detailed response. To continue with our example, any genetic materialIn examination in chief, you are helping the witness found would be given to a forensic scientist toto tell his or her story. However, make sure you analyze. A er the analysis, conclusions can be drawnkeep the witness focused on the relevant parts of the as to the origin of the material. Attorneys from eitherstory, otherwise he or she may ramble and you then side may wish to call their own experts in order torisk losing the attention of the jury. Also, the judge argue for a conclusion that is favorable to their case.will allow you to make statements of fact on certain When evidence is passed from one source touncontested matters; otherwise examination in chief another, it must be recorded, so that the court cancan take forever. For example, you can state the date be sure that it is not tampered with or contaminated.and place of the alleged incident, as long as the otherside agrees. is is something you learned about in the Cookie Jar Mystery, and it’s very important in a trial.34 Instructor’s Guide In this lesson, we are going to prepare for Copyright © Community Learning LLC. All rights reserved.
Questioning Witnesses Lesson 3examination in chief and cross-examination of the An example of a relevant question is, “Did you steal awitnesses in the Cookie Jar Case. Look at the suspect cookie?”statements to determine which individuals couldserve as witnesses. Separate them into witnesses for Clearly this goes to the heart of the issue in the trial.the prosecution and witnesses for the defense. Look atyour own witnesses and list the important points that An example of an irrelevant question is, “What didyou have to establish as you question each of them. you have for lunch on the day in question?”Decide if you would like your witnesses to be expertwitnesses or witnesses of fact. Use your evidence It sounds obvious, but in examination in chief andmaterials to determine what your witness may say. cross-examination, counsel must ask a question.Once you have done this you will have a better idea of Examination in chief and cross-examination musthow to frame your questions in order to bring out the not be abused by the attorneys in order to introducepoints that are important to your case. other evidence or to make speeches or points that are not questions to the witness.Similarly, list the important points each witnessfor the opposition makes. Note points that you can Vocabulary Wordsagree with, and then highlight those areas that aredetrimental to your case. Prepare your examination Closed question: question that requires a “yes” orin chief so that you can prepare the witness to talk “no” response.about agreed testimony before you start to put him Character witness: a witness who o ers informationor her “on the spot” with more controversial aspects about the character of the defendant.of the case. Chain of custody: the documenting of the whereabouts and treatment of physical evidence.Remember: you cannot script your witness Examination in chief: interview in court of aexamination, and these examinations seldom go witness by the attorney who called him or her as aentirely as you might think they will. It is crucial that witness.you are highly familiar with the evidence so that you Leading question: question that suggests the answer.can adapt and overcome any unforeseen direction Open question: question that does not suggest anthe witness might take with his or her testimony. answer and requires a detailed response.Never ask a question you don’t already know theanswer to! Activity 1: Open and Closed QuestionsCriminal procedure and the rules of evidence are (20–25 minutes)two highly detailed subjects. If an attorney for eitherside steps outside of the rules, the other side may 1. Read “Notes to Students” section to the class.object to the judge. You can do this by calmly statingthat you object and giving your reason for doing 2. Ask one or two students to volunteer as a witnessso. If the judge agrees, he or she will instruct the and “take the witness stand” by taking a seat atattorney to carry out the procedure correctly, or the the front of the class. Each of these studentsjudge may dismiss the objection. Although there are should take a minute to remember their ownmany reasons why an objection might be stated, for route to school and imagine that they werethe purposes of our exercise, you may object to a witnesses to a crime. e defendant in this casequestion from the opposition if it is not directly is accused of defacing public property withrelevant to the charges faced by the defendant. gra ti on their own school exterior wall. (See photo on page 19 in Student Book.) An additional student should volunteer to be the judge. Have the other students turn to Activity 1: Open and Closed Questions on pages 20-21 in their Student Books.Copyright © Community Learning LLC. All rights reserved. Instructor’s Guide 35
Lesson 3 Questioning Witnesses e witness volunteers will be questioned by the Your Questions, beginning on page 22 of the class about their journey to school that day. activity books. Each team will dra questions for Students may take turns questioning. e the witnesses in the mock trial using the available objective is to elicit as much information as evidence for each of their witnesses. Ask students to: possible about the student’s journey, including what they saw, where they went, and who they t GPDVTPOUIFLFZJUFNTPGFWJEFODFUIBUUIFZ met. If two students traveled to school together, decided are most conclusive during the earlier they could be questioned in sequence about the evidence examination exercises same journey. Students should record the answers in their activity books on the Journey to t DPOTJEFSXIJDIJUFNTPGFWJEFODFBSFNPTU School chart. relevant for each witness and how they can use3. e class should begin to practice examination in this evidence in questioning the witness. (Use chief by asking open questions in order to draw Post-It Notes to label evidence per witness.) out the witness testimony, and identifying areas where the witness may be forgetting or changing t DPODFOUSBUFPOVOJRVFFWJEFODFUIBUDBOPOMZ his or her story. Begin with the three questions be linked to one individual, and any in uential listed in the Student Book and if time allows ask class evidence that can be linked to a group of additional students to generate more questions. people. Examples of unique evidence in the4. Students should be encouraged to take notes Cookie Jar Mystery are the witness statements as the questioning progresses, and to look for themselves, blood type, ngerprints and discrepancies in their notes. is will help them DNA. Examples of class evidence are hair to prepare for cross-examination in the mock trial. and ber analysis. To refresh your memory,5. Students should also be encouraged to state refer to Exhibit R: Final Forensic Summary. an objection to the judge if any of the questions are not directly relevant to the charges faced by t XIFODPOTUSVDUJOHRVFTUJPOTTUVEFOUTTIPVME the defendant (defacing public property). If also consider more general questions such as: time allows, call on new students to cross- examine the witness(es). UIFNFBOTPQQPSUVOJUZ XBTUIFXJUOFTTOFBS the crime scene?) and motive (is there evidence Activity 2: Witness Evidence Preparation UIBUUIFXJUOFTTEFGFOEBOUXBTIVOHSZ (20 minutes) Remind the students that the defendant may1. Move the students into their teams at separate be a witness. sets of tables, where they can prepare the evidence they plan to use based on the previous 4. Teams should discuss individual witness lesson. statements, and prepare questions for each2. Ask the teams to divide up the evidence and use witness that will support their team’s position or two colors of Post-It Notes. One color for disadvantage the other team’s position. prosecution evidence and the other color for defense evidence. 5. Students should also bear in mind that physical3. Have the students turn to Activity 2: Preparing or forensic evidence will have to be introduced to the court by a witness. For example, a knife found at the murder scene would be introduced by the police o cer who found it at the scene. Fingerprints would be introduced by the forensic scientist or technician who produced them. In cross-examination, the attorney for the other side may wish to question the scienti c process36 Instructor’s Guide Copyright © Community Learning LLC. All rights reserved.
Questioning Witnesses Lesson 3 by introducing his or her own expert, or the IJTUIFPSJFTXXXEBJMZNPUJPODPNWJEFP attorney may question how the evidence has YVS@EFGFOTFFYQFSUXJUOFTTTUFQI@ been stored. webcam. Clean Up You can nd more resources and the most up-to-date (10–15 minutes) links by visiting our website at www.CommLearning.1. Collect and store all materials. Ensure that com, clicking on e Cookie Jar Case course kit and prosecution and defense teams have separate then Tools for Teaching. storage areas or boxes to ensure that each team’s materials can’t be seen by the other team. Notes: Evidence that each team plans to use needs to be carefully stored separately in preparation for the trial.2. Make sure the room is back in order. Other Directions, Discussions and Destinations1. e courtroom scenes from A Few Good Men are a little over-dramatic, but they can be instructive. In the clip where Tom Cruise cross- examines Jack Nicholson, note how Tom Cruise’s character uses the statement of the witness he is cross-examining to contradict his oral evidence. When he has brought out the inconsistencies before the court, then, and only then, he puts his case to the witness, i.e. that the witness ordered the “code red.” In the clip, counsel for the defense allows the witness to make a speech for too long before bringing him back to the issue of whether the order was issued. An attorney should control the witness rmly but politely to address the issues he or she has raised. A Few Good Men is widely available to rent on DVD.2. is short video is entitled “ e Secret to Successful Cross-Examination” and emphasizes the importance of asking leading questions, and the type of questions to ask and those to avoid XXXNFUBDBGFDPNXBUDIUIF@TFDSFU@ UP@TVDDFTTGVM@DSPTT@FYBNJOBUJPO3. is video shows the use of an expert witness to try and establish the likely cause of death in a murder trial. e expert witness is impartial, and is therefore allowed a free rein to explainCopyright © Community Learning LLC. All rights reserved. Instructor’s Guide 37
38 Instructor’s Guide Copyright © Community Learning LLC. All rights reserved.
Lesson 3 Activity 1: Open and Closed QuestionsListen to the testimony the volunteer(s) provide in a case in which the defendant is accused of defacingpublic property with gra ti (an outside school wall). As you listen, write down the key points in theanswers, using the open questions below as a guide.Witness 1: Journey to SchoolWho did you meet? Witness 2: Who did you meet?What route did you take? What route did you take?What did you see? What did you see?Additional questions Additional questionsCopyright © Community Learning LLC. All rights reserved. Student Book Page 20 Instructor’s Guide 39
Lesson 3 Activity 1: Open and Closed QuestionsAs the witnesses answer the open questions, write down any points that strike you as unusual orincorrect, especially if you have two witnesses whose accounts disagree.Turn these points into closed questions you can use for cross-examination. Write them down here.40 Instructor’s Guide Student Book Page 21 Copyright © Community Learning LLC. All rights reserved.
Lesson 3 Activity 2: Preparing Your QuestionsUse these pages to help you and your team prepare questions for your team’s witnesses.1. Fill in each witness’s character or trial name, for example, Mrs. Randall.2. Circle the type of witness: t \"witness o ers special information about the case. t \"character witness o ers information about the character of the defendant. t 0SBOexpert witness provides an expert analysis of evidence because of his or her education, training and skill in a particular area.3. Record the evidence that each witness will enter during the trial 8IBUJTUIFXJUOFTTTNFBOTPQQPSUVOJUZ 8BTUIFXJUOFTTOFBSUIFDSJNFTDFOF5. What is the witness’s motive? Is there evidence that the witness was hungry?6. A er completing the chart for each witness, determine the best order for these witnesses to be questioned. Record this number in the “order” box on each chart.Copyright © Community Learning LLC. All rights reserved. Student Book Page 22 Instructor’s Guide 41
Lesson 3Activity 2: Preparing Your Questions OrderWitness character: (Circle One) Expert witnessPlayed by: Witness Character witnessEvidence:Means/Opportunity: Questions we will ask: Questions the other teamMotive: are likely to ask:Notes: Key points of testimony:Notes: Notes: Notes:42 Instructor’s Guide Student Book Page 23-26 Copyright © Community Learning LLC. All rights reserved.
Lesson 5: The Mock TrialObjectives Notes for the InstructorStudents will: e day of the mock trial is a big day for students. Experience the procedures and roles of a ey may be nervous; they may want more time to criminal trial prepare. However, as with a real trial, the mock trialt 1SBDUJDFUIFBOBMZUJDBMEFCBUFBOEQSFTFOUBUJPO has to start on time. O er encouragement, and allow skills they have developed in the previous lessons about een minutes at the start of the lesson for the groups to do any last-minute changes or completeMaterials their work. Students should understand that much pencils (12 extra for jury) of a trial is about improvisation and reacting to student activity books surprises from the other side; this is to be expected, refreshments for guest jurors, the public and and they can only do their best. trial participants prosecution and defense portfolios A er the trial, but before you dismiss the students, set of laminated signs identifying courtroom you will have some time to analyze the lesson personnel and how the students thought it went; you might video equipment (if possible) like to take some notes during the trial if speci c Trial Procedure Poster points arise that you want to discuss with students 12 notepads for jurors a erward. Resist the temptation to teach during the Certi cates of Participation for all participants trial. As far as possible, allow the trial to follow a including jurors and judge natural course, but do intervene to maintain order if students get excited.Preparation1. Prepare each team’s (prosecution and defense) It is an excellent idea to have the trial recorded on video. It is an ideal way to analyze what the students materials to include pencils and student activity did on completion of the course. Also, if the video books. can be posted on the Internet, for example on the2. Assemble the classroom according to the website “SchoolTube” (www.schooltube.com), Courtroom Layout Diagram (lesson 1, activity students will have ready access to it to share with 1). Place each of the laminated signs in the their families and it can be used in the future as a correct location. teaching aid.3. Display the Trial Procedure Poster.4. Set up and test video equipment (if available) Notes to the StudentVolunteer Role Please note that these notes are primarily directed at1. Assist in arranging the classroom, distributing the jury. Once the jury has been assembled in their proper location, please read this aloud. You will materials, and room clean-up. be speci cally addressing the jury but all students2. Assist with videotaping trial. will be intrigued with this information. It is vital to3. Welcome and seat guests. understanding a trial.4. Assist the jury with deliberations and help them e primary role of the jury is to determine the facts appoint a foreman. in a case. Listen carefully to the opening and closing speeches of the prosecution and defense attorneys.Copyright © Community Learning LLC. All rights reserved. Instructor’s Guide 57
Lesson 5 The mock trialListen carefully to the testimonies in the trial. Your everyone is in position to start on time. Your clerk orjob is to accept or reject the various testimonies. baili will call the judge to the room with “All rise,”You may take notes during the trial (hand out note whereupon the judge enters. e court is instructedpads and pencils) to help you make the best decision to be seated, and the class can begin the proceedings.possible. A er the trial, you will carefully consider It is important to plan ten minutes or so for theand discuss the facts presented to you. One of you prosecution and defense to make last minutewill be selected to serve as foreman of the jury. e alterations to their closing statements. Whateverforeman will lead the discussion, take votes, and your resources, try not to let the trial run over ninetyreport the verdict to the court. In a real trial, there minutes, mainly because you do not want to overtaxmust be a unanimous decision made by the jury. In your jury volunteers!other words, all jury members must decide the same, When the trial is over, the jury will need a quietinnocent or guilty. If this doesn’t happen, it is called place to discuss their verdict. Advise them that theya hung jury. e result of this is a mistrial. Due to will need to reach a verdict within ten minutes.time constraints we suggest deliberating (carefully While the jury is deliberating, take some time toconsidering) for approximately 10 minutes. A two- reassure and congratulate your students. ere willthirds majority vote (8 votes) can determine the be time for detailed analysis later.verdict in this mock trial, if it seems impossible toreach a unanimous decision. A jury must determine e jury will return, and you can invite the foremanthe innocence or guilt of the accused in regards to to present the verdict. ank the jury and inform thethe charges brought against him/her. defendant of the outcome. You may then close the trial. ank your guests and let them know that you Vocabulary Words will spend a few minutes with the students to wrap up, before reconvening to close the lesson.Foreman: the member of the jury selected to preside Most of all, throughout the trial, don’t forget to haveover and speak for all the jurors on the panel. fun, and some refreshments a erwards! Be sure toHung jury: a jury that cannot agree on a verdict. hand out certi cates of participation. Activity 1: Preparation Activity 3: Trial Analysis (15 minutes) (15 minutes)Your students may be nervous before the mock Spend some time with your students talking abouttrial. Allow them time in their groups for any last how they think the trial went. If there is not enoughminute preparations and to relax. O er reassurances time for this activity the day of the trial, t it inif necessary and help the teams to collect their within a short period of time so that it is fresh inevidence for the trial. the students’ minds. Activity 3: Trial Analysis onIf you have arranged for the trial to be recorded, page 38 in the Student Books asks the followingensure that your AV support is on site and ready to discussion questions:record. t 8FSFUIFZTVSQSJTFECZXIBUUIFPQQPTJUJPO presented? Activity 2: The Mock Trial t %JEUIFZGFFMUIFZQSFTFOUFEBTUSPOHDBTF (approximately 60–75 minutes) Would they have done something di erently?Using the Trial Procedure poster and worksheet (in t %PUIFZBHSFFUIBUUIFKVSZNBEFUIFSJHIUinstructor’s guide and page 34 of the Student Books) decision given the evidence presented? Why oras a guide, oversee and facilitate the mock trial why not?itself. Ensure that all guests and jury volunteers arepolitely greeted and shown to their places, and that58 Instructor’s Guide Copyright © Community Learning LLC. All rights reserved.
the mock trial Notes: Lesson 5t %JEUIFZFOKPZUIFFYQFSJFODFBOEXPVME Instructor’s Guide 59 they like to learn more about the legal system or participate in more mock trials?t *GZPVDPVMEUSZUIJTDBTFBHBJOXIBUSPMFXPVME you like to play? ank your students for their hard work and invitethem to return to the courtroom to close the course.When you get back to the courtroom, reconvene yourguests and encourage them to applaud the studentsfor their hard work. ank them again for attending. Clean Up (10–15 minutes)1. Collect and store all materials.2. Make sure the room is back in order.3. ank students and congratulate them on their hard work and successful performance. Other Directions, Discussions and Destinations1. If you recorded the trial, watch the result and analyze each performance. Discuss what could have been done better, or what they would have changed had they had the chance to do it again. If there is time, try the trial exercise again, but re-assign roles so that each student gets the chance to try out a di erent part. Also try mixing up the teams so students can work with others.2. Students might be interested in taking part in national mock trial competitions. e National Mock Trial competition for high schools is held every year in May. You can nd more information at www.nationalmocktrial.org, including useful resources for teachers and coaches.3. Students should be encouraged to continue with their interest in law, including observing county or state court trials, as well as enjoying courtroom drama lms or TV series.You can nd more resources and the most up-to-datelinks by visiting our website at www.CommLearning.com, clicking on e Cookie Jar Case course kit andthen Tools for Teaching.Copyright © Community Learning LLC. All rights reserved.
Lesson 5 Activity 3: Trial AnalysisNow that the trial is over, think about how it went.Were you surprised by what the opposition presented? Do you think you surprisedthem?Did you feel you presented a strong case? Would you do something di erentlyanother time?Do you agree that the jury made the right decision given the evidence presented?Why or why not?What did you learn most through this part of the course?If you could try this case again what role would you like to play?60 Instructor’s Guide Student Book Page 38 Copyright © Community Learning LLC. All rights reserved.
GlossaryAcquitted: to declare the defendant not guilty a er a Cross-examine: questioning of a witness by anlegal trial. attorney of the opposite side during a legal trial a erAdmissible: allowed—by the rules of law—to be direct examination.used in a case. is term applies to evidence. is is Defendant: in a criminal case, this is the personan example of something the judge would rule on, charged with a crime or crimes.because it relates to the law, not the facts of the case. Defense attorney: the attorney representing theBaili : an individual whose role is to maintain the defendant.courtroom proceedings, handle evidence where Deliberation: a jury’s careful consideration andrequired, and ensure the civility and safety of the discussion of evidence during a criminal trial incourtroom. ey are o en sheri ’s deputies or order to determine the innocence or guilt of themarshals. defendant.Burden of proof: the legal obligation to prove the Espionage: the act or practice of spying.allegation being made. In a criminal case the burden Examination in chief: interview in court of aof proof lies with the prosecution. witness by the attorney who called him or her as aChain of custody: the documenting of the witness.whereabouts and treatment of physical evidence.Character witness: a witness who o ers information Expert witness: a witness who is an establishedabout the character of the defendant. expert in a given eld. ey are o en required toCharge to the jury: instruction and advice given testify in areas where the evidence requires expertby the judge to the jury about the law applicable knowledge. For example, a medical expert might beto the case. required to analyze a wound or experts in forensicClosed question: question that requires a “yes” or science might be required to identify genetic“no” response. material. Where there might be a di erence ofConvicted: to prove guilt of a defendant for an opinion or interpretation of the evidence, both sideso ense a er a legal trial. (the prosecution and defense) may want their ownCounsel: legal advice. is term is also used to refer expert.to attorneys in a case. Foreman: the member of the jury selected to preside over and speak for all the jurors on the panel. Hung jury: a jury that cannot agree on a verdict.Court reporter: a person who makes a word-for- Judge: a government o cial with the authority toword record of what happens in the court. e oversee and direct the court proceedings.record is called a transcript. Juror: a person selected to be part of a jury.Courtroom clerk: an individual who swears in Instructor’s Guide 63witnesses and is responsible for maintaining therecords and paperwork of the court.Copyright © Community Learning LLC. All rights reserved.
Glossary The Cookie Jar Case: A Role-Play Mock TrialJury: people (jurors) selected to determine matters Prosecutor: the attorney who tries a criminal caseof fact and come to a verdict in a trial. Federal on behalf of the government.criminal juries have twelve jurors and civil juries Public: members of a courtroom who participate ashave six jurors. an audience.Leading question: question that suggests the answer. Public defender: also called a public defenseObjection: where an attorney appeals to the judge attorney. ese attorneys represent defendants whoin order to correct some conduct, usually by the cannot a ord an attorney in a criminal case.attorney for the other side, that he or she thinks Standard of proof: the amount of evidence whichCSFBDIFTUIFSVMFTPGDSJNJOBMQSPDFEVSFBOEPSUIF must be presented at trial. In a criminal case therules of evidence. standard of proof is, “beyond a reasonable doubt.”Open question: question that does not suggest an Subpoena: court order document requiring a personanswer and requires a detailed response. to “appear” in court; penalty for not attending.Opening statement: the rst occasion that the jury Testimony: evidence given by a witness. is can beor judge has to hear from an attorney about the case in either written or oral form.being tried.Plea: a defendant’s answer to a legal charge (“guilty” Verdict: in a criminal trial, the decision the jury willor “not guilty”). reach as to the guilt or innocence of the defendant.Procedure: the rules for conduct of a lawsuit or trial. Victim: person in a criminal case, the person the ere are di erent procedures for civil and criminal crime was committed against. Witness: a person who supplies testimony in a case.proceedings.64 Instructor’s Guide Copyright © Community Learning LLC. All rights reserved.
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