Model Lesson Plan



Model Lesson Plan

Mock Trial: Introduction to Facts & Opening Statements

Instructors: Megan Haller & Heather Deixler

Date of Lesson: April 27, 2007

Lesson: Introduction to Facts & Opening Statements

Duration: 95 minutes

Sources: Thomas Mauer, Trial Techniques, 5th ed.; The Three Little Pigs facts adapted from story as it appears at

Supplies: Student Handouts #1, #2 & #3 (witness fact sheets; State of Washington v. Third Little Pig; opening statement homework exercise); Opening Statements Powerpoint; DVD copy of “A Few Good Men”

1. Goals:

a. To help students isolate the materially relevant facts of a case from witness testimony.

b. To help students gain a better understanding of the purpose of an opening statement

c. To have students write an opening statement.

2. Objectives:

a. Knowledge Objectives: As a result of this lesson, students will be better able to:

i. Identify the facts that support or weaken each side’s case.

ii. Understand the role that an opening statement has at trial.

iii. Understand the interaction between materially relevant facts and opening statements.

iv. Identify key elements of an opening statement.

b. Skills Objectives: As a result of this lesson, students will be better able to:

i. Identify materially relevant facts.

ii. Use materially relevant facts to write an opening statement.

c. Attitude Objectives: As a result of this lesson, students will be more likely to feel:

i. That they have a better grasp of the trial process.

ii. Confident in their ability to identify materially relevant facts that support or weaken each side’s case.

iii. Confident in their ability to write an effective opening statement.

iv. Better prepared for their mock trial.

3. Classroom Methods:

a. Part One—Facts of the Case (40 minutes).

i. Establish an overview of the case (15 minutes). Ask for a volunteer to give a brief synopsis of the case. Then ask for other volunteers to supplement the synopsis with additional facts.

ii. Ask students to consider how they would frame the facts differently depending on whether they were a prosecutor or a defense attorney. Elicit student responses on the following questions:

1. Which facts would you focus on if you were a prosecutor?

2. Which facts are favorable for the defense attorney?

iii. Student Activity—Learn the Facts (25 minutes). Break students into 8 groups (one for each witness). Pass out a “Witness Fact Sheet” handout to each group. Have students write in the name of the witness they’ve been assigned in the space provided.

1. Ask for a volunteer to describe a “materially relevant fact.” Follow-up by explaining to students that a materially relevant fact is a fact that is significant or essential to the case.

2. Instruct students to identify and write down all materially relevant facts pertaining to their witness. Allow students 10 minutes to do so.

3. Instruct each group to elect a “spokesperson” to present the facts their group came up with.

4. Reconvene as large group. Spend 10-15 minutes listening to each group’s spokesperson present facts. When necessary, chime in to emphasize important facts.

b. Part Two—Opening Statements (55 minutes).

i. Introduction to Opening Statements—Learn by Observation (10 minutes). Explain to students that they will watch a short excerpt from “A Few Good Men.”

ii. Show “Opening Statements” scene from movie (the clip lasts about 3-4 minutes).

iii. Elicit student responses and observations of what they saw:

1. How did the attorneys capture their audience (emphasize that both attorneys spoke directly to jurors, kept their arguments simple and concise, and told their version of what happened).

iv. Substantive Lesson on Opening Statements—Powerpoint Presentation (15 minutes). Walk students through the basics of opening statements through short lecture. Information in Powerpoint presentation is taken from Thomas Mauet’s Trial Techniques.

v. Encourage students to take notes on information presented.

vi. Emphasize key points on opening statements by asking students:

1. Why are opening statements important (opening statements are the first time that the judge and jury see the attorney; good first impressions are important; provide the judge and jury with a “roadmap” of how your case will proceed).

2. Why is it helpful to establish a case theory? (allows you to give your version of the story; effective way to keep your message simple and organized)

3. What are some examples of case theory/theme? (“Revenge. That is what this case is all about.”)

vii. Replay “A Few Good Men” movie clip to allow students to watch elements of opening statements play out. Instruct students to pay attention to the elements discussed during the Powerpoint presentation, and to also think about what the attorneys in the movie did well and didn’t do well.

c. Student Activity—Write an Opening Statement for The Three Little Pigs (30 minutes). Break students into the 8 groups they were in during the previous exercise. Assign four of the groups to be prosecutors, and the other four groups to be defense attorneys. Distribute the The Three Little Pigs handout.

d. Instruct students to read the handout in their groups, and then write an opening statement as a group (based on the group’s assigned role as prosecution or defense). Suggest to students that it will be helpful to first identify the materially relevant facts, and then draft their opening statement. Allow 20 minutes for small group work. Instructors should circulate the classroom and answer student questions.

e. Have each group elect a “spokesperson”—someone who was not spokesperson in the previous exercise.

f. Reconvene as a large group, and use the remainder of class time to have each spokesperson deliver his/her group’s opening statement. Stagger the statements such that each statement for the prosecution is followed by a statement for the defense.

4. Assignment: Instruct students to write an opening statement for the mock trial case. Students may pick whichever party they wish to represent. Statements should be at least one page in length, single-spaced. Refer to Student Handout #3

5. Evaluation: Students will be evaluated based on:

a. Their participation in both student activities.

b. Their completion of the opening statement homework assignment.

STUDENT HANDOUT #1

Witness Fact Sheet for ________________________

What are the materially relevant facts pertaining to this witness and his or her statement?

STUDENT HANDOUT #2

Opening Statement Activity:

State of Washington v. Third Little Pig

Facts

Once upon a time there were three little pigs and the time came for them to leave home and seek their fortunes. Before they left, their mother told them, "Whatever you do , do it the best that you can because that's the way to get along in the world.”

The first little pig built his house out of straw because it was the easiest thing to do.

The second little pig built his house out of sticks. This was a little bit stronger than a straw house.

The third little pig built his house out of bricks.

One night the big bad wolf, who dearly loved to eat fat little piggies, came along and saw the first little pig in his house of straw. He said "Let me in, Let me in, little pig, or I'll huff, and I'll puff, and I'll blow your house in!"

"Not by the hair of my chinny chin chin," said the little pig. But of course the wolf did blow the house in and ate the first little pig.

The wolf then came to the house of sticks. "Let me in, Let me in, little pig, or I'll huff, and I'll puff, and I'll blow your house in."

"Not by the hair of my chinny chin chin," said the little pig. But the wolf blew that house in too, and ate the second little pig.

The wolf then came to the house of bricks. "Let me in, Let me in," cried the wolf, "Or I'll huff, and I'll puff, till I blow your house in."

"Not by the hair of my chinny chin chin," said the third little pig.

So the wolf huffed and puffed, but he could not blow down that brick house. But the wolf was sly, and he climbed up on the roof to look for a way into the brick house.

The little pig saw the wolf climb up on the roof and lit a roaring fire in the fireplace and placed on it a large kettle of boiling water. When the wolf finally found the hole in the chimney, he crawled down, then fell right into the kettle of boiling water.

Two days later, the third little pig was arrested and charged with first-degree murder of the wolf. In Washington, a person is guilty of first-degree murder when “[w]ith a premeditated intent to cause the death of another person, he or she causes the death of such person.” The third little pig pleaded not guilty, and his trial will begin next week.

Assignment

Based on your group’s role as prosecution or defense, discuss the materially relevant facts and then write an opening statement together. You have 20 minutes.

STUDENT HANDOUT #3

Street Law 2007

Mr. Granados-Greenberg, periods ½

Homework Assigned: April 27, 2007

Due Date: May 4, 2007 @ 8:30 am

Point Value: 10 points

Opening Statement Exercise

Instructions: Write an opening statement for the mock trial case, State of Washington v. Charles M. Jones. You may write for the prosecution or the defense, whichever party you prefer. Incorporate the strategies discussed in class (a theme, labels) into your statement. This assignment may be typed or neatly handwritten on notebook paper. It must be at least one page, single-spaced in length.

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