"Tell-Tale Heart" Mock Trial

Transcription

1 "Tell-Tale Heart" Mock Trial Standards - RL.8.1, RL.8.3, RL.8.6, RI.8.1, RI.8.3, RI.8.7, RI.8.8, RI.8.9, L.8.1, L.8.3, SL.8.1, SL.8.2, SL.8.4, SL.8.5 Outline and Purpose Students will conduct a mock trial to determine whether the Narrator is guilty by first-degree murder or not guilty by the defense pleading insanity from Tell-Tale Heart by Edgar Allan Poe. The students are to choose a side (or teacher is to assign), complete the research given, and persuade their audience (Jury and teacher) that their claim offers sufficient evidence to sentence the Narrator. Students will conduct research, write an analysis claim of their findings, and persuade through a mock trail whether they believe the Narrator is guilty or innocent by means of insanity. Before the trial, students need to be assigned their positions. This needs to be done a few days before so students can prepare for their parts. You can assign parts or allow them to draw a part out of a box. Agenda 1. Mock Trial Lesson 2 - Powerpoint on Roles and Steps in a Trial: What Are They? 2. Go over roles for the trial: Defense Attorneys Neighbor - Witness Passerby - Witness Police Witness (can be more than 1) Prosecuting Attorneys Psychiatrist Jurors Narrator Judge Clerk 3. Assign roles and role groups 4. Practice Mock Trial 5. Conduct Mock Trial Activities in Detail 1. Roles and Steps in a Trial (If you would like to go in detail about trials, see Lesson 1) Distribute Handout 2A: Steps in a Trial Show Powerpoint on Roles and Steps in a Trial: What Are They? Watch videos 2. Go over roles for the trial and assigned Defense Attorneys - distribute graphic organizer; need to meet in groups to develop an opening statement, meet with the witnesses, etc. there are resources to help if you want

2 to use them: Mock Trial Lesson 5 and 6; I also recommend letting them use their phones to watch videos Neighbor - Witness - distribute graphic organizer; they need to meet with the attorneys to develop their answers to questions Passerby - Witness - distribute graphic organizer; they need to meet with the attorneys to develop their answers to questions Police Witness - distribute graphic organizer; they need to meet with the attorneys to develop their answers to questions Psychiatrist distribute graphic organizer his/her job is to evaluate the mental health of the narrator. They can research mental diseases, etc. Prosecuting Attorneys - distribute graphic organizer; need to meet in groups to develop an opening statement, meet with the witnesses, etc. There are resources to help if you want to use them: Mock Trial Lesson 5 and 6; I also recommend letting them use computers to watch videos Jurors- distribute graphic organizer and consensus sheet; have them watch videos of a jury? Narrator - distribute graphic organizer; needs to meet with Defense Attorneys Judge - distribute graphic organizer Clerk - distribute graphic organizer *Extra resources: Mock Trial Lessons 3, 5, 6, 7 3. Practice Mock Trial' you can use Lesson 8: The Mock Trial as resource if needed 4. Mock Trial Sequence of Events of Mock Trial 1. Clerk calls the case 2. Prosecutor makes opening statement 3. Defense makes opening statement 4. Prosecutor presents case Prosecutor calls first witness (Neighbor) and cross examines Defense cross examines Prosecutor class second witness (Police) and cross examines Defense cross examines 5. Prosecutor rests case 6. Defense presents case Defense calls witness (Passerby) and cross examines Prosecutor cross examines Defense calls narrator and cross examines Prosecutor cross examines 7. Defense rests 8. Prosecutor makes closing statement 9. Defense makes closing statement 10. Prosecutor makes any rebuttal argument 11. Jury meets to conduct sentence 12. Verdict is rendered

3 Roles 1 st Witness (Neighbor): For Insanity You are the neighbor from Tell-Tale Heart who heard the shriek and reported it to the authorities. After many years of observation, you believe that the Narrator is not in his right state of mind. You have several examples of events that demonstrate his insanity (you make these up). Your role is to help convince the jury and judge that this man is insane. You are to: Respond to questions posed by the lawyers for the prosecution Respond to questions posed by the lawyers for the defense 2 nd Witness (Passerby): for 1 st Degree Murder/Sane Though this did take place in the early hours of the morning, you were passing by when you heard the scream of the old man. It startled you, and after hearing of the murder, you reported you heard the scream. You are to convince the jury and judge that you believe this was first degree murder. You are to: Respond to questions posed by the lawyers for the prosecution Respond to questions posed by the lawyers for the defense Police Witness You are one of the policemen who came to the house after the neighbor reported the shriek. You are to explain what you saw, heard, etc. that night at the crime scene. You are to convince the jury and judge whether you believe this man was either insane or in his right mind when he committed this crime. You are to: Respond to questions posed by the lawyers for the prosecution Respond to questions posed by the lawyers for the defense Jury Roles as a Juror: Complete Jury Service Form Serve as the audience for all arguments presented in the trial Evaluate the arguments presented by the prosecution and the defense in order to determine the guilt or innocence of the defendant Judges the effectiveness and merit of the arguments and evidence presented by the prosecution and defense teams Vote on the outcome of the trial according to the established criteria only

4 Defense Attorneys Defense attorneys counsel people accused of a crime about their legal rights and options and confer with their clients to decide what course of action to take. Attorneys then act on behalf of their clients by arguing their innocence or making a case for as lenient a sentence as possible. You are to convince that your client, the Narrator, is indeed insane, and he did not know what he was doing when he committed the crime. Five to seven of your classmates will be on a team as the defense attorneys. You must work as a team and have enough evidence to not only persuade your audience but also be able to examine both your witness and the prosecution witness. You are to: Address the jury Present the arguments Question witnesses in order to convince the jury of the defendant's innocence/insanity Provide closing statement Clerk You are to: Make sure everyone participates in meetings and during the trial Keep the entire prosecution team within the time limits for their presentation Help the group prioritize arguments and make the best use of the limited time, as needed Prosecuting Attorneys (1 st Degree Murder) In a criminal case, the prosecutor is the attorney representing the government who presents (i.e.: prosecutes) the case against the defendant in an attempt to prove him guilty of the charges for which he was arrested. You are to defend your position that you believe the Narrator was completely sane when he committed this murder. Five to seven of your classmates will be on a team for the prosecuting attorneys. You must work as a team and have enough evidence to not only persuade your audience but also be able to examine both your witness and the defense witness. You are to: Address the jury Present the arguments Question witnesses in order to convince the jury of the defendant's guilt Provide closing statement

5 Psychiatrist A psychiatrist is a physician who specializes in the diagnosis, treatment, and prevention of mental health and emotional problems. Because of extensive medical training, the psychiatrist understands the body s functions and the complex relationship between emotional illness and other medical illness. The psychiatrist is thus the mental health professional and physician best qualified to distinguish between physical and psychological causes of both mental and physical distress. Psychiatrists are physicians who specialize in the diagnosis and treatment of mental health. You are to: Respond to questions posed by the lawyers for the prosecution Respond to questions posed by the lawyers for the defense Judge Judges play many roles. They interpret the law, assess the evidence presented, and control how hearings and trials unfold in their courtrooms. Most important of all, judges are impartial decision-makers in the pursuit of justice. The judge remains above the fray, providing an independent and impartial assessment of the facts and how the law applies to those facts. You are to: Open up the case of Narrator vs. State Oversee the evidence of the case Make sure attorneys are not manipulating the law/evidence Narrator As the person being put on trial, you are to convince the jury that you had a temporary moment of insanity, and you were not guilty of intentionally killing the old man out of malice. You are to: Respond to questions posed by the lawyers for the prosecution Respond to questions posed by the lawyers for the defense

6 Jury Graphic Organizer Before Trial What is your role as a juror? Do you believe the narrator to be guilty or no guilty? Justify. During Trial Write facts from the trial that support the statements: The Narrator is insane The Narrator is guilty of 1st Degree Murder Verdict *You must also complete the Jury Consensus Sheet

7 Before Trial What is your role as the judge? Judge Graphic Organizer Do you believe the narrator to be guilty or innocent? Justify. During Trial Write facts from the trial that support the statements: The Narrator is insane The Narrator is guilty for 1st Degree Murder Verdict

8 Narrator Graphic Organizer Before Trial What is your role as the narrator? Why do you believe your are innocent? Justify Evidence to justify case Write evidence to support your innocence

9 Before Trial Defense Attorneys' Graphic Organizer What is your role as a defense attorney? Evidence that supports the Narrator is insane Group Work Opening Statement Generate an opening statement that will strongly establish your position.

10 Questions to cross-examine the Neighbor Questions to cross-examine the Passerby Questions to cross-examine to Police Witness Questions to cross-examine the Narrator During Trial Closing Statement

11 Before Trial Prosecuting Attorneys' Graphic Organizer What is your role as a prosecuting attorney? Evidence that supports the Narrator is guilty of 1st Degree Murder Group Work Opening Statement Generate an opening statement that will strongly establish your position.

12 Questions to cross-examine the Neighbor Questions to cross-examine the Passerby Questions to cross-examine to Police Witness Questions to cross-examine the Narrator During Trial Closing Statement

13 Witness - Neighbor Graphic Organizer Before Trial What is your role as the Neighbor as a witness? Do you believe the narrator to be guilty or innocent? Justify. During Trial Answers to Attorney's Questions (You will have to get the questions before the trial begins).

14 Witness - Passerby Graphic Organizer Before Trial What is your role as the Passerby as a witness? Do you believe the narrator to be guilty or innocent? Justify. During Trial Answers to Attorney's Questions (You will have to get the questions before the trial begins).

15 Witness Psychiatrist Graphic Organizer Before Trial What is your role as the Psychiatrist as a witness? Do you believe the narrator to be guilty or innocent? Justify. During Trial Answers to Attorney's Questions (You will have to get the questions before the trial begins).

16 Witness - Police Officer Graphic Organizer Before Trial What is your role as the Police Officer as a witness? Do you believe the narrator to be guilty or innocent? Justify. During Trial Answers to Attorney's Questions (You will have to get the questions before the trial begins).

17 What is your role as the Clerk? Clerk Graphic Organizer During Trial BEGINNING 1. You bring in the judge and say: Order in the court, all rise. 2. After the judge has entered and sat down, you say Court is now in session, please be seated. Introducing Mr./Madame Justice now presiding. 3. Stand and say to the accused: (Accused s name), you stand charged that on or about the day of, 20_, in the City of (City Name), you are accused of committing 1st Degree Murder (Accused s name), how do you plead to this charge? Guilty or not guilty? 4. HOW TO SWEAR IN JURORS Do you swear (affirm) that you shall well and truly try, and true deliver between our government and the accused at the bar, who have in charge, and true verdict give, according to the evidence, so help you God? HOW TO SWEAR IN WITNESSES After the lawyer calls a witness, ask the witness to enter the witness box and swear them in by saying: Will you please state your name for the court? Please spell your first and last name. Ask the witness if s/he wishes to swear on a holy book or affirm. Will you swear or do you wish to affirm? If the witness chooses to affirm, you ask: Do you solemnly affirm that the evidence to be given by you on this issue shall be the truth, the whole truth and nothing but the truth?

18 If the witness chooses to swear on the bible, have them put their right hand on the Bible and say: Do you swear that the evidence to be given by you to the Court on this issue, shall be the truth, the whole truth and nothing but the truth, so help you God? HOW TO ADJOURN THE COURT FOR A RECESS After the crown and defense have made their closing arguments, the judge may recess before giving his/her sentence. When the judge is ready to adjourn, s/he will announce that the court is going to recess for minutes. When ready to adjourn, you stand and say: All rise please. Court is in recess for minutes. When the judge is ready to return, you enter the courtroom and say: Order in the court all rise. When the judge has sat down you say: Court is now reconvened. Please be seated. CLOSING THE COURT After the lawyers have made their closing arguments and the jury has given its decision, then the court is closed and you will say: All rise please. Court is adjourned for the day. After Trial How did your role affect the trial?