Mock Trial: People of the World v. the Mongols

Transcription

1 Mock Trial: People of the World v. the Mongols THE CHARGES AGAINST GENGHIS KHAN AND THE MONGOLS: 1. Destruction of Eurasian cities 2. Mass slaughters of civilians 3. Ineffective administration of empire THE ROLES: Defense Attorneys A team of lawyers who prepares a case in DEFENSE OF The Mongols o Prepare opening and closing statements and write questions for the witnesses Prosecuting Attorneys A team of lawyers who prepares a case AGAINST The Mongols o Prepare opening and closing statements and write questions for the witnesses Witnesses A sampling of the people from various regions affected by The Mongols o Prepare a bio for yourself, anticipate questions, work with attorneys Jury members A panel of observers who decide the fate of The Mongols o Research the impact of the Mongols over regions to understanding of both sides of the case o Decide whether the Mongols are guilty or innocent THE TRIAL PROCEDURE: 1. Prosecution and Defense make opening statements (2 minutes each side) 2. Prosecution calls witnesses a. May ask 25 questions total b. Defense cross-examines witnesses, may ask 25 questions total 3. Defense calls witnesses a. May ask 25 questions total b. Prosecution cross-examines witnesses, may ask 25 questions total 4. Closing statements for Prosecution and Defense (2 minutes each side) 5. Jury deliberation and verdict ROLES FOR THE TRIAL 1. Prosecution attorney 1 2. Prosecution attorney 2 3. Prosecution researcher 4. Prosecution researcher 5. Defense attorney 1 6. Defense attorney 2 7. Defense researcher 8. Defense researcher 9. Genghis Khan 10. Mongol general 11. Mongol soldier 12. Mongol woman 13. Kublai Khan 14. Pope Innocent IV 15. Marco Polo 16. Prince of Kiev 17. Prince of Moscow 18. Russian peasant 19. Chinese peasant 20. Chinese Confucian scholar 21. Chinese bureaucrat 22. Caliph of Baghdad 23. Mamluk general The remaining students are jury members ASSESSMENT: 50-point grade earned based on: preparation and research (15 points) performance of the role in the trial (15 points) the quality of written research/attorney sheet/witness sheet/jury sheet (10 points) the quality of the trial reflection (10 points)

2 PREPARATION Prosecution and defense teams will meet to plan strategy, divide up responsibilities, prepare questions for each witness Witnesses will prepare for parts by taking notes from textbooks, primary sources, and other secondary sources and be prepared to answer questions during the trial. On the day of the trial, all students will be prepared to act out their role. Attorney Prepare opening or closing statement for your side Assist team with preparation of three questions for each witness you intend to call Assist team with preparation of three cross-examination questions for each opposition witness Researcher Assist team with preparation of three questions for each witness you intend to call Assist team with preparation of three cross-examination questions for each opposition witness Witness Research your role and understand how you fit into the larger picture of the trial Anticipate two questions each side may ask you Jury Member Prepare research for your verdict (outcome) of the trial Predict how each witness will be used during the trial On the Day of the Trial Attorney Deliver opening/closing statement Call and cross-examine witnesses To be turned in: Preparation Sheet, Witness Point of View Sheet, Reflection Questions Researcher Count available questions for your lawyers Track the points of view presented by witnesses To be turned in: Preparation Sheet, Witness Point of View Sheet, Reflection Questions Witness Track the points of view presented by witnesses Answer questions when called to testify To be turned in: Witness Role Preparation Sheet, Witness Point of View Sheet, Jury Verdict Sheet, Reflection Questions Jury Member Track the points of view presented by witnesses Deliberate and deliver a verdict To be turned in: Jury Member Preparation Sheet, Jury Handout, Jury Verdict Sheet, Reflection Questions

3 Attorney Preparation Sheet Direct Examination 1. The purpose of the direct examination is to ask clear and simple questions that allow the witnesses to tell the complete story. Your team can win the trial on the strength of the direct examination. 2. Practice your questions and refer only briefly to notes. 3. Assume that the jury knows nothing about the case, the witnesses, or the defendant. It is your job to clearly build a case for them. 4. The jury tends to remember what is said first and last. Therefore, work with your team to think about any possible weaknesses in your case and present them somewhere in the middle of the direct examination. It is usually most effective to be forthright about any weaknesses in order to preempt the opposing side from bringing them up. Also, it is recommended that your team schedules the strongest witnesses to be the first and last to take the stand. 5. If your witnesses get nervous and forget to mention important details, it is your job to ask questions that will draw out those details. If a witness says something unexpected and harmful to the case, remain calm and go to another question to try to refocus the jury s attention. 6. Advise your witnesses to listen carefully to the opposing attorney during the cross-examination and only answer the question that is asked. Witnesses should never volunteer information under cross-examination. Cross-Examination 1. The purpose of the cross-examination is to try to get the person on the stand to agree with the facts that support your case and discredit the opposing side s argument. 2. Focus your questioning on just the main points that support your case. Questions that require yes/no answers allow you to remain more in control of the situation. For example, during the cross-examination, you can state a fact and have a witness agree or disagree with it. During the cross-examination, you are allowed to ask leading questions. (You are not permitted to ask leading questions during direct examination.) 3. During the cross-examination, listen very closely to the answers that are being given. 4. Never argue with a witness it is improper and does not make a good impression on the jury. 5. If you get an unexpected answer, remain calm and continue as if nothing has happened. If the witness keeps responding to your questions with I don t know, don t worry because they are probably making a bad impression on the jury. 6. Prior to the mock trial, you are not allowed to discuss the case with witnesses from the opposing side and can only question them during the trial. General Tips for Being an Effective Attorney 1. Remember that all of the attorneys are part of a team, are equals, and make decisions by consensus. Work together as a team and help each other if somebody gets stuck. 2. Show respect for the judge, jury, and witnesses at all times. This is not a fight it is a debate. 3. During the mock trial, speak clearly and loudly so that the judge and jury can hear you. Practice in front of a mirror. 4. Walk around when questioning the witnesses because the jury may stop listening if you stand in one place for too long. 5. Do not constantly object to everything, just what is most important. 6. If something unexpected happens, remain calm and continue on. 7. The jury is often impressed if you seem to have memorized the details of the case. 8. Be creative and have fun. Do demonstrations and show pictures and/or photographs to make a strong case for your side. Use the easel to put these things on display so that the jury can see them. 9. Try to watch a television show such as Law and Order to get a sense of how courtroom flow, objections, and questions go in a trial. 10. On the day of the trial, your team must come to school dressed a little bit nicer than usual in order to impress the jury. 11. If you need help or have any questions, ask the teacher. 12. Good luck and have a good time with this!

4 Preparation: 1. Research the various perspectives of Mongol rule. Decide the witness that will help your case and those that will hurt your case. The teacher will let you know which witness are for the prosecution or defense. 2. Prepare direct and cross questions for each witness. 3. Prepare opening and closing statements. Positive Effects of Mongol Rule (preliminary research using your textbook and other sources): Negative Effects of Mongol Rule (preliminary research using your textbook and other sources): PROSECUTION: Here you will outline the questions you will ask each witness. Remember to ask questions that will help your side during the direct examination and hurt the other team during the cross. Witness 1: Witness 2:

5 Witness 2: Witness 3: Witness 4: Witness 5: Witness 6:

6 Witness 7: DEFENSE: Here you will outline the questions you will ask each witness. Remember to ask questions that will help your side during the direct examination and hurt the other team during the cross. Witness 1: Witness 2: Witness 2: Witness 3:

7 Witness 4: Witness 5: Witness 6: Witness 7: Opening statement: On a separate sheet, create a brief opening statement that one of your attorneys will give to the jury at the start of the trial. This statement should outline your main arguments and the testimony the jury will hear from the witnesses. The statement should be no longer than 2 minutes in length. Closing statement: On a separate sheet, create a brief closing statement that one of your attorneys will give to the jury at the end of the trial. This statement should restate your main arguments and list the testimony the jury heard from the witnesses. The statement should be no longer than 2 minutes in length.

8 Biography Witness Role Preparation Sheet R O L E: As a witness, you must research your role and be able to answer any questions that the attorneys ask you. Before the trial, complete your role biography below. This will be turned in on the day of the trial (you will be able to use these notes during your testimony). In addition, anticipate two questions that each side may ask you, and prepare your responses. Briefly describe the significance of your role. (In other words, why were you invited to testify?) What was your life like during the time of the Mongol Empire? Where are you from? What social class are you a part of? What things are important to you? How did you interact with the Mongols? If you did not directly encounter the Mongols, how could you have heard of them? How did your role s life change because of the Mongols? Was it positive or negative, and why? Do you feel the Mongols are guilty of the charges?

9 Question Preparation Prosecution Questions List the questions the prosecution may ask you, and prepare your responses. Defense Questions List the questions the defense may ask you, and prepare your responses.

10 Jury Member Preparation Sheet General Tips for Being an Effective Member of the Jury: 1. In this mock trial, the job of a jury is to use the facts to objectively determine not only the guilt or innocence of the Mongols in regards to crimes against humanity. 2. You are not expected to know anything about the specifics of the case before the mock trial begins. The attorneys and the witnesses will explain the case from their points of view. You must listen carefully to try to determine whether the witnesses are telling the truth, lying, or perhaps not even contributing any useful information to the case. 3. Take good notes on the Juror s Form during the trial and refer to these notes during deliberations. 4. After the case is presented, the judge will ask you to retire to the jury chamber to come up with a verdict of guilty or not guilty. Once a decision is reached, you will return to the courtroom and give your decision to the judge. 5. The jury s verdict is final. Remember that the defendant is innocent until proven guilty beyond a reasonable doubt. A hung jury is a jury that cannot reach an agreement by consensus about the guilt or innocence of the defendant. If the defendant is acquitted, he or she can never be retried for the same offense. Preparation: Using the witness sources, your textbook, and other resources, research Mongol rule. This will help you understand testimony given during the trial. Positive Effects of Mongol Rule: Mongol Rule in China Negative Effects of Mongol Rule:

11 Positive Effects of Mongol Rule: Mongol Rule in Persia/Middle East Negative Effects of Mongol Rule: Positive Effects of Mongol Rule: Mongol Rule in Russia Negative Effects of Mongol Rule: