Of Mice and Men John Steinbeck. Quarter 3 Summative Assessment Mock Trial

Transcription

1 Of Mice and Men John Steinbeck Quarter 3 Summative Assessment Mock Trial Essential Question: What circumstances motivate an individual to do what they do? How do authors use language to persuade? It is said that every red blooded American in the land of freedom is awarded the right to follow the ever elusive American Dream. Well, both George and a developmentally challenged Lennie tried to work hard towards following their own piece of that mirage during the extremely tough times of the Great Depression. As their dream began to take shape they began to develop relationships in the farm they were fortunate enough to find work at. With the addition of another hard working gruff but caring old man, Candy chipping in his own life savings, the men s images of freedom from persecution were thwarted by jealousy and cynicism. George was quickly thrust in a position to either help or end the life of his only family, his best friend and business partner Lennie. George made the best decision he thought he could given the extenuating circumstances of Lennie s actions. By ending Lennie s life, George did not choose the path of salvation but one of self sacrifice; knowing full well that he would have to remain on the run for the rest of his life, thus giving up his own dream of freedom but also saving his friend from the evil Curley. The State of California v. George Milton Murder Trial Docket #1937 Objective: Over the next week we will use the text Of Mice and Men by John Steinbeck to address the issue of motivation and success within one s own culture. While reading the book, we have tackled many of the issues that led to George s killing of Lennie. It is now your job to prove whether what George did was an act of cold blooded, calculated murder or were there other factors that led him to end Lennie s life peacefully. As you already know [or should], Lennie s life was ended at the hands of his caretaker and best friend George Milton; you are not arguing that point. However, you are determining the degree of murder which George is guilty of. It is your job to find the true intricacies behind his action. Maybe there is something we may have missed. HE DID IT, but why? Here is where you get to do what you love to do, ARGUE! But, the arguing must be done persuasively, with both forethought and afterthought.

2 Of Mice and Men Trial Roles and Rules Think Big Picture: Learn/Use persuasive and narrative techniques Use critical listening/thinking skills Research types of homicide (can utilize internet and Chromebooks from classroom) You are putting George on trial for Lennie s murder (possible feelings of alienation and blame) District Attorney Team: Your first decision is to choose which crime of murder you are going to try to charge George with. You will need to put together a very persuasive prosecution of the defendant, while readying yourself for defensive questioning and challenges. There must be no questions left to the minds of the jury members as to justify the purposeful killing of Lennie. How can you get the witnesses to help the jury see this? Some of the may be sympathetic to George; some of them may not. What questions can you ask them to help you to convict George no matter how they feel. EACH of you must interview TWO or THREE witnesses during the trial. You must prepare questions for these witnesses. One of you must have an opening statement and one of you must have a closing statement. The opening and closing statements are mostly narratives or stories that persuade the jury to lean towards your ideas. The opening statement puts the idea of proof immediately in the minds of the jury and the closing statements leave the jury with the proven narrative fresh in their minds. The power is in the persuasion. Main: Assistant: 3 Prosecuting Clerks: All positions are chosen on the day of the trial and will change at teacher chosen intervals throughout the trail Defense Attorney Team: Your first decision is based on what style of defense you will take. Your job is to defend George. You can be more creative in your defense and look to more justifiable homicide or reasons behind your client s guilt. No defense is too ridiculous here as long as it is believeable. You need to help the jury believe that special circumstances justify the killing of Lennie Small. What are these circumstances? Some of the witnesses may be sympathetic to George, some may not. What questions can you ask them to help to acquit George (no matter how they feel)? EACH of you must interview TWO or THREE witnesses during the trial. You must prepare questions for these witnesses. One of you must have an opening statement and one of you must have a closing statement. As said before, you opening and closing statements can prove to be the most powerful speeches of you and George s lives. Main: Assistant: 3 Defense Clerks: All positions are chosen on the day of the trial and will change at teacher chosen intervals throughout the trail

3 Evidence: Witness testimony Written/recorded interviews Eyewitness accounts Forensic Material (may have to be developed by team and submitted as evidence) Circumstantial evidence (little or no physical evidence is provided. Instead guilt is determined through a line of reasoning which leads to implied guilt) Text material from novel is admissible Members of the Jury 7 9: If you are one of the 12 jurors, you have a very important role. You are probably one of the following: a poor migrant worker, a farmer, or a religious man. Women are new to juries in the 1930 s; it is still a male dominated society at this time. The jury has to come to a majority decision, with the lower threshold being an 8 4 split. You have to listen very carefully to what is being said by the witnesses, lawyers and judge. You are allowed to ask for clarification on things that are said or shown. Jurors need to elect a jury foreman who reads the verdict. It is your job to take explicit notes during the trial. At the end, each juror submits their vote of George s guilt or innocence based on what was said at the trial alt alt Witnesses: Your job is to help convict or acquit George, depending on which side has called you. You are expected to work with the lawyers to prepare your line of questioning and be ready for cross examination. Write down 10 important events you witnessed regarding personality, behavior or motives of those you work with. Record thoughts/feelings you have of people you work with, especially Lennie and George. You must dress the part of your character and take on their persona/characteristics. Character Witnesses may be Curley, Candy, Crooks, The Boss, Slim, or Carlson. 1. Slim: 2. Candy: 3. Carlson: 4. Crooks: 5. Curley: 6. Whit (opt.) 7. Optional (citizens of Weed, ranch owner, etc) George Milton: Your role is to stand before the court and defend your actions. You will need to meet with your defense lawyer, testify on the stand, answer cross examination by the State, and sit on the bench with your legal counsel. You are also expected to dress and act the part!

4 Task Home Prosecution Team representing the state of California: Decide what charge(s) you will bring against George. Clearly determine what you will need to prove for a guilty verdict. You have to prove beyond a reasonable doubt that the defendant is guilty. The burden of proof is on the district attorney. You must prove your case, defense does not have to prove anything. Decide which witnesses you will need [at least two] prosecution witnesses Submit a list of witnesses to the defense counsel Meet with each witness and supply them with tasks to aid your research Write opening and closing statements Use Find Laws, Legal Information, and Attorneys FindLaw to develop strategies that will work in court when to object, what an opening/closing statement should be, how to cross examine a witness, etc. Develop a specific list of questions for each witness you will call to the stand Develop a specific list of cross examination questions for each witness the defense calls to the stand Practice the questions and answers with your witnesses multiple times. Be sure they are ready to be cross examined as well. Rehearse your questions and questioning skils. Rehearse your opening and closing statements Be sure you dress like a lawyer on the day of the trial! Defense Team Task Sheet representing George Milton: Decide how you will plead (although you might want to wait to hear what the charges are brought against George) Inform the district attorney, in writing, how you will respond to these charges Clearly determine what you will need to provide a not guilty verdict Decide which witnesses you will need [at least two] defense witnesses Submit a list of witnesses to the district attorney Meet with each witness and supply them with tasks to aid your research Write opening and closing statements Use Find Laws, Legal Information, and Attorneys FindLaw to develop strategies that will work in court when to object, what an opening/closing statement should be, how to cross examine a witness, etc. Develop a specific list of questions for each witness you will call to the stand Develop a specific list of cross examination questions for each witness the district attorney calls to the stand Practice the questions and answers with your witnesses multiple times. Be sure they are ready to be cross examined as well. Rehearse your opening and closing statements Be sure you dress like a lawyer on the day of the trial!

5 Jury Member Task Sheet You will have a lot of writing workshop time in the days leading up to the trial. Be sure you actually take advantage of this time!! You will fill in a Cornell note taking template on the day of the trial. Be sure you have a PEN or PENCIL at the trial!! You will be responsible for reaching a verdict the day of the trial. How to Reach a Verdict: Your challenge is to evaluate the information presented to you by the defense and prosecution to determine which side proved their case. The burden of proof remains with the prosecution. Remember the phrase, innocent until proven guilty. With the foreman as the facilitator, please talk about the following: What was the charge? What did the prosecution have to prove for you to vote guilty? Did they prove this charge? If yes, are there extenuating circumstances, which force you to examine other information (such as the defense has pleaded self defense). If no, it is time to take a vote. If you are not unanimous either way, look over your notes from the trial and discuss areas where jurors are unclear or need more proof. To Vote: Voting is done by secret ballot and the foreman of the jury will distribute paper. Write GUILTY or NOT GUILTY on your paper Fold once and give it back to the foreman Continue voting until there is a unanimous GUILTY verdict or a unanimous NOT GUILTY verdict Witness Task Sheet Meet with your lawyer to figure out who you will portray if you do not already know. Look over the fact sheet to make sure you understand it. Ask questions to your lawyer or teacher if absolutely needed. Use your novel Of Mice and Men to gather information about your character. If you are an expert witness, look online to help you. When you find relevant information, fill in your fact sheet. Meet with your lawyer during each class as needed. Practice your answers to questions with your lawyer. (Do this more than once!) Brainstorm what might be asked of you on cross examination and how to respond appropriately as well as prepare your witnesses for cross. Plan what you will wear the day of the trial to accurately portray your character. How will you talk? How will you act? The day before the trial, complete a full practice of your questions and answers with your lawyer.

6 George s Task Sheet Once you receive your subpoena, meet with your lawyer to figure out what your defense will be. Look over the fact sheet to make sure you understand it. Ask questions to your lawyer or teacher if absolutely needed. Use your book Of Mice and Men to gather information about George. When you find relevant information, fill in your fact sheet. Meet with your lawyer during each class as needed. Practice your answers to questions with your lawyer. (Do this more than once!) Brainstorm what might be asked of you on cross examination and how to respond appropriately. Plan what you will wear the day of the trial to accurately portray George. How does he act? How does he talk? The day before the trial, complete a full practice of your questions and answers with your lawyer. NOTE: Your Character Sketch essay is to be over George!

7 Clarifying Homicide Homicide The killing of one person by another. First degree murder: A murder that is committed with malice and premeditation or during the course of a serious felony (as kidnapping) or that otherwise (as because of extreme cruelty) requires the most serious punishment under the law. For example, Dan comes home to find his wife in bed with Victor. Three days later, Dan waits behind a tree near Victor's front door. When Victor comes out of the house, Dan shoots and kills him. Second degree murder: A murder that is committed without malice or premeditation but with some intent (as general or transferred intent) or other circumstances not covered by the first degree murder statute. For example, Dan comes home to find his wife in bed with Victor. At a stoplight the next day, Dan sees Victor riding in the passenger seat of a nearby car. Dan pulls out a gun and fires three shots into the car, missing Victor but killing the driver of the car. Voluntary manslaughter: Manslaughter resulting from an intentional act done without malice or premeditation and while in the heat of passion or on sudden provocation (the defendant was provoked to kill) For example, the discovery of the killer's spouse in the act of sexual relations with another. If the provocation would arouse extreme rage in a reasonable person, and that person kills the one who provokes, that is considered voluntary manslaughter. Involuntary manslaughter: Manslaughter resulting from the failure to perform a legal duty expressly required to safeguard human life, from the commission of an unlawful act not amounting to a felony, or from the commission of a lawful act involving a risk of injury or death that is done in an unlawful, reckless, or grossly negligent manner. For example, accidentally hitting and killing a pedestrian while driving a car recklessly or accidentally shooting someone to death while carelessly handling a revolver are examples of involuntary manslaughter. The exact formulation of the elements of involuntary manslaughter varies from state to state esp. with regard to the level of negligence required. In states that grade manslaughter by degrees, involuntary manslaughter is usually graded as a second or third degree offense.