Of Mice and Men Mock Trial

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Of Mice and MenMock Trial

• An 8th Grade English Tradition!

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George Trial

• The State of California vs. George Milton
• George Milton was taken into custody by the
  Salinas Sheriffs Department and questioned about
  the death of Lennie Small. George confessed to
  the murder, but denied that the act was
  premeditated and malicious. After reviewing the
  evidence, the state of California charged George
  Milton with the first-degree murder of Lennie
  Small.

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George Trial

• Murder in the First Degree means either
• the malicious and premeditated killing of another
  human being
• OR
• a homicide that occurs in the process of some
  other crime, such as burglary or rape

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George Trial

• Your teams job is to DEFEND GEORGE in this case.
  
• That means you must prove that George DID NOT
  want to harm Lennie maliciously and that the
  murder was NOT planned in advance.

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Lennie Trial

• The State of California vs. Lennie Small
• Lennie Small was taken into custody by the
  Salinas Sheriffs Department and questioned about
  the death of Curleys wife. He confessed to
  causing the death of Curleys wife, but he
  maintains that he didnt mean to cause bodily
  harm and certainly not the death of the victim.
  After examination by the state medical
  authorities, Lennie Small was deemed able to
  stand trial for the crime of voluntary
  manslaughter.

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Lennie Trial

• Voluntary Manslaughter means either
• the defendant intended to do bodily harm but not
  cause death
• OR
• the victim gave the defendant good cause for
  anger

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Lennie Trial

• Your teams job is to PROSECUTE LENNIE in this
  case.
• That means you must prove that Lennie
• INTENDED to hurt Curleys wife.

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Key Points to Remember

• Lennie cannot take the stand in his trial because
  he doesnt understand and cant talk about what
  happened in the barn.
• He cannot plead insanity because we cannot prove
  he is insane without a psychiatric evaluation.
• George pleads the 5th Amendment during CROSS
  EXAMINATION in HIS trial.

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• ALL TESTIMONY and information MUST COME DIRECTLY
  FROM THE BOOK. You are not allowed to offer your
  opinion. If it wasnt clearly stated in the book,
  you cant use it in the trial.
• When creating questions, you must determine who
  would be able to answer the questionin other
  words, that witness MUST have been in the scene,
  heard, or said something. If he/she wasnt there,
  you cant ask that person about it.

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Roles Overview
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Grading Participation, Legal Brief, Jury
Report

• Daily Participation
• Complete all HW assignments
• On task during class preparation
• Actively participate in actual trial
• Witnesses Advisory Council
• ½ of your daily participation grade come from me,
  and ½ comes from your Lead Lawyer.
• Lead Lawyer
• ½ of your daily participation grade come from me,
  and ½ comes from your Legal Team.

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• Legal Brief
• Each role has a different Legal Brief.
• The directions are in your teams folder.
• Jury Report
• You will take notes during the trial
• You will vote Guilty OR Not Guilty
• You will write a report about your vote attach
  your notes from the trial to the report.

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Questions

• Creating Questions,
• Leading VS Open Ended Questions, and the 4
  Categories of Objections

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Writing Questions

• Witnesses You create OPEN ENDED questions for
  your Lead Lawyer to ask you.
• Advisory Council 1 You create LEADING
  questions for your Lead Lawyer to ask Mrs.
  Timmins students.
• Advisory Council 2 You create LEADING
  questions that Mrs. Timmins kids MIGHT ask OUR
  WITNESSES. (Twoooo is for youuu).

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Creating Questions Format

• 1. Question State your name and occupation.
• Answer My name is____, and I work_____.
• Page 15
• 2. Question
• Answer
• Page
• 3. Question
• Answer
• Page

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Leading VS Open Ended

• Witnesses create Open Ended questions for their
  character.
• Open Ended questions
• Allow the witness to discuss any parts of the
  story that make his team look good.
• Example Tell me about your relationship with
  the defendant.
• The witness can talk about all of the good parts
  OR all of the bad parts what ever works for
  your case.

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LEADING Questions

• Advisory Councils (Both 1 2) create LEADING
  questions.
• Leading Questions Force the witness to answer
  in a certain way, and they help emphasize the
  effects the offense has had on the victim.

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Sample Cross Examination Questions

1. Are often yes/no questions.
2. Isnt it true that ?
3. You didnt consider, did you?
4. When everyone else left, you chose to stay. Isnt
   that correct?
5. This crime happened when you, right?

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REASONS TO OBJECT

• FALSE TESTIMONY -What the witness said isnt in
  the book (Directly stated, observed and/or
  witnessed.)
• LEADING
• Examples of leading questions Isnt it true/
  Didnt you
• Lead lawyers can only ask open-ended questions
  during direct examination (when they are
  questioning their own witnesses).
• Lead lawyers can NOT ask his/her OWN witnesses
  leading questions.

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REASONS TO OBJECT

• UNABLE TO TESTIFY-The character on the witness
  stand was not present to see, hear or hear about
  what they are talking about.
• OPINION-witnesses can only talk about opinions
  that were DIRECTLY STATED IN THE BOOK.