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030111 gov mock trial 100m

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    • 1. DRAW A LINE SEPARATING TODAY & YESTERDAY 1) Write: Date: 03/09/11 , Topic: Mock Trial 2) Next line, write “ Opener #30 ” and then: 1) Write 1 high + 1 low in last 24 hours 2) Rate your understanding of yesterday: lost < 1-5 > too easy (3 is perfect) 3) Respond to the Opening Clip by writing at least 1 sentences about : Your opinions/thoughts OR/AND Questions sparked by the clip OR/AND Summary of the clip OR/AND Announcements: None
    • 2.  
    • 3. Agenda 1) Criminal Procedures 2) Mock Trial Prep What you will be able to do: 1) Know what to do as a victim of a crime. Reminder 1) No HW
    • 4. BOOK SHELVES 1 5 4 6 28 STANDARD SETUP TV SIDE WHITE BOARD 25 2 19 26 3 29 22 27 30 PERIOD 1 WK/DATE: M T W T F  FRONT OF CLASS: WHITE BOARD Projector ATTENDANCE: Circle = Absent Double Circle =Tardy 38 PARTICIPATION: / = Participation -- = Non-Participation Resolution Key: R=Reminder, Xmin, P=Parent Incident Key: U=Unsafe, D=Disrespectful, O=Off Task, T=Talking, N=Not Prepared, C=Careless, L=Late Resolution Key: A=Apology, F=Fixed, S=Served M T W T F  M T W T F  M T W T F  M T W T F  M T W T F  M T W T F  M T W T F  M T W T F  M T W T F  M T W T F  M T W T F  M T W T F  M T W T F  M T W T F  TODO: Class Participation 1-10 Point Weekly Grading Scale: 0-5: Off task or missing in class activities. 6: Coming to class prepared and following activity instructions. 7-10: Participating in class discussions and/or writing blog entries (2+ a week). 2 points are deducted for not being present for class activities or for being off task.
    • 5. Workbook Setup: Draw a line between days. Use back and front of pages. Opener (graded) Write date , topic , opener # Then 3 sentences: based off the opener questions. Notes (not-graded) In-class notes go next. Notes online and in class binder. 60% of test from notes . Work Section (graded) Work sections correspond to the opener #, and then go in letter a-z order. Title: must be included in each work section. 20-40% of test from work sec. Surprise quizzes 100% based off notes and work sections.
    • 6. Participation ( 10 points a week ) Negative Mark: Minus 2 Points Each 0 Check: 6 Points 1 Check: 7 Points 2 Checks: 8 Points 3 Checks: 9 Points 4 Checks: 10 Points 5 Checks: 11 Points (+1 EC) 6 Checks: 12 Points (+2 EC) 7 Checks: 13 Points (+3 EC) 8 Checks: 14 Points (+4 EC)
    • 7.
      • Review
      • 1) Roles in the Criminal Process (14 th Due Process):
      • Investigation - Police
      • Warrant - Judge
      • Arrest - Police
      • Bail (possibly) – Judge (90% pleaded)
      • 5) Preliminary Hearing or Grand Jury – Judge + DA + Defense (enough 4 trial?)
      • 6) Indictment – DA
      • 7) Plea Bargain (possibly) – DA + Defense
      • 8) Jurisdiction Hearing/Trial (need 12/12)
      • 9) Dispositional Hearing/Sentence - Judge
      • 10) Appeal? – Defense (NOT DA)
    • 8. Criminal System You control the criminal system if you vote! State Trial Judges DA-Jeff Rosen Sheriff-Laura Smith Voters Directly Voters Directly State Laws State Legis or Voter Prop Voters Voters Directly
    • 9. Notes #26a , Title: “ Crime Policy ” 1) Impact of Crime : Economic: Scare legit. biz + reduce value + tax cost ( less jobs/wealth>more crime ) Security: More crime leads ppl to seek non-gov protection ( more gangs ) Cultural: Creates destructive tradition & social discrimination ( family/tradition: identity/respect found thru crime ) 2) Recidivism Rate : 50%+ re-imprisoned 3) Prevent Crime : Address economic, security, cultural factors ( preventive? or reactive? ) 4) Million Dollar Blocks : Blocks that a million is spent on police+welfare
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    • 12. Journ #26a , Title “ Crime, Case Study 1 ” 1) Copy Source Title: Nat Geo 2…) Discuss questions on the board with a partner. Summarize your discussion ( include their name at the end ). Remember participation points are deducted if off task. 5 Reading/Film Qs Come From These Work Sections
    • 13. Notes #26b , Title: “ Crime Policy ” 5) LA Riots (4/29/92, Sa-i-gu) : Case study of total crime policy failure (prevention to reaction). Rodney King (LAPD abuse) > Latasha Harlins (poor racial relations) > Korean victims (lack LAPD protection). How to prevent this?
    • 14. Journ #26b , Title “ Crime, Case Study 2 ” 1) Copy Source Title: Sa-I-Gu (4-29) 2…) Discuss questions on the board with a partner. Summarize your discussion ( include their name at the end ). Remember participation points are deducted if off task. 5 Reading/Film Qs Come From These Work Sections
    • 15.  
    • 16. Garry McCarthy Cory Booker
    • 17. Journ #26b , Title “ Crime, Case Study 2 ” 1) Copy Source Title: Brick City 2…) Discuss questions on the board with a partner. Summarize your discussion ( include their name at the end ). Remember participation points are deducted if off task. 5 Reading/Film Qs Come From These Work Sections
    • 18. 4) Bail : Judge decide if you can go home before your set court date or if you must stay in jail. Bail is money you give court in place of your body . You get it back if you show up at your court date.
    • 19. 5) Preliminary Hearing : Judge will decide if there’s enough evidence for a trial or if to let you go. Grand Jury : In fed cases, instead of a judge, a jury gets to decide if there’s enough evidence for a trial or to let you go ( same function as a prelim hearing ) 6) Indictment : Formally charged , it’s if a prelim hearing or grand jury says you need to go to trial.
    • 20. 7) Plea Bargain : After indictment, and before trial date, DA tries to give you a deal where you confess for a lower punishment. 90% of cases. http://www.pbs.org/wgbh/pages/frontline/shows/plea/view/
    • 21. Notes #27a , Title: “ Crime Policy ” 1) Jurisdictional Hearing/Trial : Trial to determine guilt with a jury. What you see on TV all the time. Jury Criminal Case: 100% Hung Jury : Not 100%. The accused can be tried again (it would not be double jeopardy) Jury Nullification : When a jury decides to all 12 vote someone is innocent, b/c they don’t like the crime, even if the person is clearly guilty.
    • 22. 2) Dispositional Hearing/Sentencing : If found guilty by a jury, judge decides punishment , if death penalty, separate jury must approve it. 3) Roles for Sentencing : Neutralize: To stop the crime. Rehabilitation: Help fix the person. Retribution: Help the victims family. Deterrent: Stop others.
    • 23. Journ #27a , Title “ Sentencing ” Neutralize: To stop the crime. Rehabilitation: Help fix the person. Retribution: Help the victims family. Deterrent: Stop others 1) With a partner: write down the ranking order of most to least important. Strike a cross through any category that they think should NOT be a factor ( include their name in the end ).
    • 24.  
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    • 28. $20k each $40 a day CA $40k each $80 a day Enough to pay free public college for every student
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    • 45. If you a person of color and you kill someone white person, you are four times more likely to get the death penalty . DOJ Statistics
    • 46. 2.5 Million (737/100,000) Highest # in the world (2 nd China 1.5 mil) Highest Rate in the world (2 nd Russia 611/100,000)
    • 47.  
    • 48. Journ #27b , Title “ Prison Case Study ” 1) Copy Source Title: PBS 2…) Discuss questions on the board with a partner. Summarize your discussion ( include their name at the end ). Remember participation points are deducted if off task. 5 Reading/Film Qs Come From These Work Sections
    • 49. Journ #28b , Title “ Cyntoia Brown Case Study ” 1) Copy Source Title: Independent Lens 2…) Discuss questions on the board with a partner. Summarize your discussion ( include their name at the end ). Remember participation points are deducted if off task. 5 Reading/Film Qs Come From These Work Sections
    • 50. Journ #28a , Title “ Mock Trial Roles ” 1) Write down your role Murder Case 1 1-4) DA: Gavin, Carolyn 5-8) PD: Constance, Nancy, Liz 9-12) Witnesses 9) F: Defendant (text messager): Meli 10) F: Passenger (in car w defendant): Charlene 11) M: Witness down the street: Jason 12) ?: Crime scene investigator: Sam Murder Case 2 13-16) DA: Jesse, David, Rohan 17-20) PD: Zach, Crystal, Meg 21-24) Witnesses 21) M: Defendant (street racer): Victor 22) F: Girlfriend of victim 1: Sammy 23) F: Wife of victim 2: Ketki 24) ?: Crime scene investigator: Guy Both Cases 25-36) Jury (12): Kailyn, Shannon, Jonathan, Chris, Chita, Jessica, Mary, Lauren, Mat S, Shin, Jonathan 37-39) Judge + clerks: Minwoo, Kevin, Mat
    • 51. Journ #28a , Title “ Mock Trial Roles ” 1) Write down your role Murder Case 1 1-4) DA: Kristen, Vince, Rox, Zach 5-8) PD: Kartik, Tasha, Monica 9-12) Witnesses 9) F: Defendant (text messager): Amy 10) F: Passenger (in car w defendant): Lauren 11) M: Witness down the street: John 12) ?: Crime scene investigator: Rahul Murder Case 2 13-16) DA: Daniel, Mike, Michelle 17-20) PD: Saurabh, Avinash, Andrew 21-24) Witnesses 21) M: Defendant (street racer): Anthony 22) F: Girlfriend of victim 1: Yoko 23) F: Wife of victim 2: Allison 24) ?: Crime scene investigator: Chris Both Cases 25-36) Jury (12): Prateek, Preet, Eric, Vivek, Nicole, Natalie, Jessica, Angela, Vincent, Lauren, Chelse, Yejin, Giles 37-39) Judge + clerks: Mark, Richard
    • 52. Notes 29a “Murder” DA must prove beyond a reasonable doubt the 1: defendant did the act & had the following mental thought ( 2: pink box ) 1 st Degree: Murder: Life 2 nd Deg: Murder: 15 yrs 3 rd Deg: Mans: 1-5yrs Malicious intent (want to kill) Implied malice intent Gross Negligence Broke law, but not gross neg: under 1yr Accident: no penalty
    • 53. Journ #29a , Title “ Mock Trial Prep ” 1) How is negligence defined (ordinary v gross)? 2) What is 2 nd degree murder? 3) What is implied malice? 4) What charge is being pursued in Case 1 + 2? 5) What are the “standard objections” that can be made in court? (2 nd handout: focus just on objections) 5 Reading/Film Qs Come From These Work Sections 1 st Degree: Murder: Life 2 nd Deg: Murder: 15 yrs 3 rd Deg: Mans: 1-5yrs Malicious intent (want to kill) Implied malice intent Gross Negligence Broke law, but not gross neg: under 1yr Accident: no penalty
    • 54. Journ #29a , Title “ Mock Trial Prep ” 1) How is negligence defined (ordinary v gross)? 2) What is 2 nd degree murder? 3) What is implied malice? Opening Statements Witness Questioning Cross Questioning Closing Statements Jury Deliberation Sentencing by Judge 5) What are the “standard objections” that can be made in court? (2 nd handout: focus just on objections) 5 Reading/Film Qs Come From These Work Sections
    • 55. Notes 30a “Objections” 1) Leading Questions: telling the witness what the answer 2) Irrelevant Question 3) Argumentative Questions: Can’t keep asking/tone 4) Speculation: Can’t ask what they didn’t see 5) Hearsay: X said (3 rd party)
    • 56. Notes 30a “Objections” 1) Leading Questions: Question suggest an answer (can use in cross-x) 2) Opinion: Unless expert, can’t give opinion 3) Argumentative: Intimidate or repeat questions already answered 4) Speculation: Can’t ask them to guess 5) Hearsay: Can’t talk about what you didn’t directly witness
    • 57. Pre-trial Discovery: Gathering info from the witnesses. Mock Trial Structure 1) Opening statement of DA 2) Opening statement of PD 3) Direct examination of DA’s witnesses 4) Cross-examination by PD 6) Direct examination of PD’s witnesses 7) Cross examination by DA 8) Closing argument by DA 9) Closing argument by PD Post-Verdict Sentencing and appeals
    • 58. Time Check: 30 Minutes 1) Prep witnesses 2) Pick exhibits to use, write witness questions 3) Decide who is going to do what below: Mock Trial Structure 1) Opening statement of DA 2) Opening statement of PD 3) Direct examination of DA’s witnesses 4) Cross-examination by PD 6) Direct examination of PD’s witnesses 7) Cross examination by DA 8) Closing argument by DA 9) Closing argument by PD
    • 59. On a Separate Piece of Paper Title “ Jury Notes (Only for Jury) ” Write down key information from judge, lawyers, and witnesses. Lawyers Tips: Part points for objections You are allowed to confer. All: EC for great acting
    • 60. Case 1: People vs Melissa (Texting Case) 1: 10mo Baby, 2: 17yr Female, 3: 1 st Trimester Fetus Mock Trial Structure 1) Opening statement of DA 2) Opening statement of PD 3) Direct examination of DA’s witnesses 4) Cross-examination by PD 6) Direct examination of PD’s witnesses 7) Cross examination by DA 8) Closing argument by DA 9) Closing argument by PD Degrees of Murder: 1: Intent 2: Implied Intent 3: Gross Negligence
    • 61.  
    • 62. Case 2: People vs Victor “David” (Racing) 1: 17yr Male, 2: 28yr Male, 3: Miscarriage (month later) Mock Trial Structure 1) Opening statement of DA 2) Opening statement of PD 3) Direct examination of DA’s witnesses 4) Cross-examination by PD 6) Direct examination of PD’s witnesses 7) Cross examination by DA 8) Closing argument by DA 9) Closing argument by PD Degrees of Murder: 1: Intent 2: Implied Intent 3: Gross Negligence
    • 63.  
    • 64. Journ #30a , Title “ Driver Safety ” 1) Copy Source Title: PBS 2…) Discuss questions on the board with a partner. Summarize your discussion ( include their name at the end ). Remember participation points are deducted if off task. 5 Reading/Film Qs Come From These Work Sections
    • 65. Journ #29b , Title “ Boston DA Case Study ” 1) Copy Source Title: PBS 2…) Discuss questions on the board with a partner. Summarize your discussion ( include their name at the end ). Remember participation points are deducted if off task. 5 Reading/Film Qs Come From These Work Sections
    • 66. Criminal System You control the criminal system if you vote! State Trial Judges DA Police Voters Directly Voters Directly City Council Voters State Laws State Legis. Voters
    • 67. Criminal System You control the criminal system if you vote! State Trial Judges DA Sheriffs Voters Directly Voters Directly Board of Supervisors Voters State Laws State Legis. Voters
    • 68. Journ #30a , Title “ Mock Trial Appeal ” 1) What does CA and other states say about unborn victims? 2) Draft a oral argument using past precedent from CA (and persuasive cases from other states) for OR against the unborn being considered victims in our mock trial. Mr. Chiang will RANDOMLY read a few out loud.
    • 69. Court System Criminal appeals focus on debates over the meaning/constitutionality of laws OR violation of procedural due process. CA Supreme Court CA Court of Appeals CA Superior Court US Supreme Court US Circuit Court US Dist. Court
    • 70. Journ # , Title “ A ” 1) Copy Source Title: A 2…) Discuss questions on the board with a partner. Summarize your discussion ( include their name at the end ). Remember participation points are deducted if off task. 5 Reading/Film Qs Come From These Work Sections
    • 71. Workbook Check (100 Points): Make Sure: 1) Name + Period written on cover AND side of notebook 2) Opener #s are highlighted 3) Plastic bag inside back cover 4) Schedule/syllabus inside front Staple with the staples grappling in.
    • 72. Back Table: 1) Stack of workbooks 2) Stack of 4 Source HW 3) Jury Only: Stack of Jury Notes

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