Mock Trials Class Summary 10/27/14

with Jayne Besjak

The State of Fable vs. Jack

News Flash
Jack Jones charged with murder and robbery!

It is alleged that Jack Jones, on the 27th day of September in the year 2014 in the State of Fable, did murder Arthur Giant.

It is also alleged that on that same day Jack Jones did enter the house of Arthur and Martha Giant, situated at Cloudland and then, in said house, did steal certain goods, the property of the said Arthur and Martha Giant, to wit, one goose and one golden egg.

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Preparing for Trial

Students have been working hard the past two weeks to prepare to bring this case to trial.  Prosecution and Defense Attorneys have been writing opening statements, building their theories of the case, taking statements from witnesses to file affidavits with the court, and prepare direct examination questions.  Witnesses have been studying an original version of the fairy tale of Jack and the Beanstalk to prepare to give honest statements and testimony as to what they saw, heard, and did. Our Bailiff and Jury Members have been learning about the important responsibility and duty of serving on a jury, and stretching their critical thinking skills by solving mini-mysteries.

Homework!

We will use the first part of class next week to finish all preparations and hope to at least begin the trial.  We will not begin the trial until each side is ready to go.  Here are the homework responsibilities for this week:

Bailiff:  Learn your script for swearing in the jury and witnesses. You do not need to memorize it completely, but you should be familiar enough with the wording that your part helps the trial flow smoothly and keeps the Judge happy.  (:

Jurors: Re-read the Jury Instructions letter I provided in class. Come to class with a notebook for taking notes during the trial.  Remember - it is your job to be objective and render a verdict based strictly on the evidence presented at trail, not on your own interpretation of the fairy tale.

Witnesses: Re-read the fairy tale and be certain you know the facts regarding what your character did and saw so that you can testify honestly.  As soon as I have received and finished editing the witness affidavits, I will be sending them to you for verification.  Remember - these are your official statements as to what you know, so be sure that you have provided your attorney the entire extent of your knowledge.  Also, be thinking about what questions the opposing side might ask during cross-examination and discuss these with your attorney.  Finally, come in costume to the trial!

Attorneys: 

• Finalize your opening statements and make sure they are typed and double-spaced for ease of reading. If you'd like me to look at these before trial and give you feedback, please send them to me. Practice, practice, practice your delivery!
• Complete all affidavits.  I was given three of these in class to type up and edit - I will return these to you with comments.  I am missing the statement from Jack's mother - someone please forward it!
• Organize your direct examination questions for your witnesses.  Next week in class you will have time to finalize these and prepare your witnesses (practice asking them the questions).  You should also be thinking carefully about what your witnesses will be asked on cross-examination to help them prepare.
• Prepare a list of cross-examination questions for the witnesses of the opposing side.  You won't really know what you'll ask them until the trial is underway, but you should spend some time anticipating what you may ask.
• Prepare your closing statement. Keep in mind that this very well may be modified based on what comes out during the trial. Unlike opening statements, during closing arguments a lawyer is allowed to argue to the jury regarding the evidence presented. This is your last chance to lay out the evidence for jurors and persuade them to see things from your point of view.  If you would like me to review your closing arguments prior to class, please let me know - I'd be happy to!

All Students: Review the Objections that will be allowed during trial and know how to identify them.  This aspect of the trial can sometimes be confusing and difficult to track when there are so many other things going on around you, but you will all become more familiar with the rules regarding objections as we conduct more trials.

If you have any questions or need help making your final preparations, please contact me so that I can give you guidance.