DRAW A LINE SEPARATING TODAY & YESTERDAY1) Write: Date: 03/09/11, Topic: Mock Trial2) Next line, write “Opener #30” and then:

1) Write 1 high+1 low in last 24 hours2) 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/ANDQuestions sparked by the clip OR/ANDSummary of the clip OR/ANDAnnouncements: None

Agenda1) Criminal Procedures2) Mock Trial Prep

What you will be able to do:1) Know what to do as a victim of a crime.

Reminder1) No HW

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FRONT OF CLASS: WHITE BOARD

Projector

ATTENDANCE:Circle = AbsentDouble Circle =Tardy

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PARTICIPATION:/ = Participation

-- = Non-Participation

Resolution Key: R=Reminder, Xmin, P=ParentIncident 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

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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.

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.

Participation (10 points a week)Negative Mark: Minus 2 Points Each0 Check: 6 Points1 Check: 7 Points2 Checks: 8 Points3 Checks: 9 Points4 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)

Review1) Roles in the Criminal Process (14th Due Process):

1) Investigation - Police 2) Warrant - Judge3) Arrest - Police 4) 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 + Defense8) Jurisdiction Hearing/Trial (need 12/12) 9) Dispositional Hearing/Sentence - Judge10) Appeal? – Defense (NOT DA)

Criminal SystemYou 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

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-imprisoned3) Prevent Crime:Address economic, security, cultural

factors (preventive? or reactive?)4) Million Dollar Blocks: Blocks that a

million is spent on police+welfare

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

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?

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

Garry McCarthyCoryBooker

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

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.

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.

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/

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.

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.

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).

$20k each$40 a day

CA$40k each$80 a day

Enoughto payfree publiccollegefor everystudent

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

2.5 Million (737/100,000)

Highest #in the world(2nd China1.5 mil)

Highest Ratein the world(2nd Russia611/100,000)

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

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

Journ #28a, Title “Mock Trial Roles” 1) Write down your role

Murder Case 11-4) DA: Gavin, Carolyn5-8) PD: Constance, Nancy, Liz9-12) Witnesses

9) F: Defendant (text messager): Meli10) F: Passenger (in car w defendant):Charlene11) M: Witness down the street: Jason12) ?: Crime scene investigator: Sam

Murder Case 213-16) DA: Jesse, David, Rohan17-20) PD: Zach, Crystal, Meg21-24) Witnesses

21) M: Defendant (street racer): Victor22) F: Girlfriend of victim 1: Sammy23) F: Wife of victim 2: Ketki24) ?: Crime scene investigator: Guy

Both Cases25-36) Jury (12):Kailyn, Shannon, Jonathan, Chris,

Chita, Jessica, Mary, Lauren, Mat S, Shin, Jonathan

37-39) Judge + clerks: Minwoo, Kevin, Mat

Journ #28a, Title “Mock Trial Roles”1) Write down your role

Murder Case 11-4) DA: Kristen, Vince, Rox, Zach5-8) PD: Kartik, Tasha, Monica9-12) Witnesses

9) F: Defendant (text messager): Amy10) F: Passenger (in car w defendant):

Lauren11) M: Witness down the street: John12) ?: Crime scene investigator: Rahul

Murder Case 213-16) DA: Daniel, Mike, Michelle17-20) PD: Saurabh, Avinash, Andrew21-24) Witnesses

21) M: Defendant (street racer): Anthony22) F: Girlfriend of victim 1: Yoko23) F: Wife of victim 2: Allison24) ?: Crime scene investigator: Chris

Both Cases25-36) Jury (12): Prateek, Preet, Eric,

Vivek, Nicole, Natalie, Jessica, Angela, Vincent, Lauren, Chelse, Yejin, Giles

37-39) Judge + clerks: Mark, Richard

Notes 29a “Murder”DA must prove beyond a reasonabledoubt the 1: defendant did the act & hadthe following mental thought (2: pink box)

1st Degree: Murder: Life

2nd Deg: Murder: 15 yrs

3rd Deg: Mans: 1-5yrs

Malicious intent (want to kill)

Implied malice intent

Gross Negligence

Broke law, but not

gross neg: under 1yrAccident:no penalty

Journ #29a, Title “Mock Trial Prep”1) How is negligence defined (ordinary v gross)?2) What is 2nd 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? (2nd handout: focus just on objections)

5 Reading/Film Qs Come From These Work Sections

1st Degree: Murder: Life

2nd Deg: Murder: 15 yrs

3rd Deg: Mans: 1-5yrs

Malicious intent (want to kill)

Implied malice intent

Gross Negligence

Broke law, but not

gross neg: under 1yrAccident:no penalty

Journ #29a, Title “Mock Trial Prep”1) How is negligence defined (ordinary v gross)?2) What is 2nd degree murder?3) What is implied malice?

Opening Statements Witness QuestioningCross QuestioningClosing StatementsJury DeliberationSentencing by Judge

5) What are the “standard objections” that can be made in court? (2nd handout: focus just on objections)

5 Reading/Film Qs Come From These Work Sections

Notes 30a “Objections”1) Leading Questions: telling the witness

what the answer2) Irrelevant Question3) Argumentative Questions: Can’t keep

asking/tone4) Speculation: Can’t ask what they

didn’t see5) Hearsay: X said (3rd party)

Notes 30a “Objections”1) Leading Questions: Question suggest

an answer (can use in cross-x)2) Opinion: Unless expert, can’t give

opinion3) Argumentative: Intimidate or repeat

questions already answered4) Speculation: Can’t ask them to guess5) Hearsay: Can’t talk about what you

didn’t directly witness

Pre-trialDiscovery: Gathering info from the witnesses.

Mock Trial Structure1) Opening statement of DA2) Opening statement of PD3) Direct examination of DA’s witnesses4) Cross-examination by PD6) Direct examination of PD’s witnesses7) Cross examination by DA8) Closing argument by DA9) Closing argument by PD

Post-VerdictSentencing and appeals

Time Check: 30 Minutes1) Prep witnesses2) Pick exhibits to use, write witness questions3) Decide who is going to do what below:

Mock Trial Structure1) Opening statement of DA2) Opening statement of PD3) Direct examination of DA’s witnesses4) Cross-examination by PD6) Direct examination of PD’s witnesses7) Cross examination by DA8) Closing argument by DA9) Closing argument by PD

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 objectionsYou are allowed to confer.All: EC for great acting

Case 1: People vs Melissa (Texting Case)1: 10mo Baby, 2: 17yr Female, 3: 1st Trimester Fetus

Mock Trial Structure1) Opening statement of DA2) Opening statement of PD3) Direct examination of DA’s witnesses4) Cross-examination by PD6) Direct examination of PD’s witnesses7) Cross examination by DA8) Closing argument by DA9) Closing argument by PD

Degrees of Murder:1: Intent 2: Implied Intent 3: Gross Negligence

Case 2: People vs Victor “David” (Racing)1: 17yr Male, 2: 28yr Male, 3: Miscarriage (month later)

Mock Trial Structure1) Opening statement of DA2) Opening statement of PD3) Direct examination of DA’s witnesses4) Cross-examination by PD6) Direct examination of PD’s witnesses7) Cross examination by DA8) Closing argument by DA9) Closing argument by PD

Degrees of Murder:1: Intent 2: Implied Intent 3: Gross Negligence

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

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

Criminal SystemYou control the criminal system if you vote!

State Trial Judges

DA

Police

Voters Directly

Voters Directly

City Council Voters

State Laws State Legis. Voters

Criminal SystemYou 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

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.

Court SystemCriminal 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

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

Workbook Check (100 Points): Make Sure:1) Name + Period written on cover

AND side of notebook2) Opener #s are highlighted3) Plastic bag inside back cover4) Schedule/syllabus inside front

Staple with the staples grappling in.

Back Table:1) Stack of

workbooks2) Stack of 4

Source HW3) Jury Only:

Stack of Jury Notes