Journal Assignment:
If you’re a member of the Prosecution, you will write 300 words or more for your journal,
laying out the best evidence to convict William Bradfield. If you are Defense, write 300 more
words laying out the best evidence to find him innocent. If you are on team Jury, you will do
300 words on each (600 total). Present your case as an extended argument, convincing
yourself (and your classmates) why whatever you believe is the objective truth.
Below is an optional set of instructions/prompts to help you build and organize your cases
for the journal and best practices, such as Prosecution offering discovery to the Defense.
Also attached is guides for Opening Statements and How to handle Objections. Email me if
you have any questions.
Pre-Trial Journal Prompt for the Prosecution:
1. Evidence Analysis (Pages 154-183):
o Read the relevant pages of the text and identify the following:
o What key pieces of evidence/witnesses from these pages are most crucial to
your case? List and explain why they are important to proving the defendant’s
guilt.
o Are there any potential weaknesses/counterarguments related to the
evidence that you need to address preemptively?
o Identify any connections between pieces of evidence/witnesses that could
strengthen your argument or create a narrative thread for the jury.
o You must email a copy of this called “discovery” to the defense attorneys a
week before the trial.
2. Building Your Argument:
o How will you introduce the case and engage the jury’s attention? Think about
how to establish the facts clearly and persuasively from the outset.
o What points do you intend to make to convince the jury of the defendant’s
guilt? Outline them in a logical sequence.
o Ensure each point logically leads to the next. How can you make sure your
argument is cohesive and flows naturally as you walk the jury through the
evidence.
o For example, you should establish that a crime was committed before
arguing there was a conspiracy and only after that what part the accused
played in that conspiracy.
3. Rhetorical Strategy:
o What rhetorical devices will you use to persuade the jury? Consider ethos,
pathos, and logos, and how each can strengthen your argument. Ethos
focuses on the speaker’s credibility, pathos appeals to emotions, and logos
relies on logic and reason.
o Consider how you will respond to any potential rebuttals or defenses raised
by the opposing side.
4. Required Writing:
o Write your opening statement, you’ll read this aloud at the Mock Trial.
o Determine who will be called and what questions you’ll ask each witness.
o Write your closing statement, you’ll read this aloud at the Mock Trial.
Pre-Trial Journal Prompt for the Defense:
1. Evidence Analysis (Pages 154-183):
o Read the relevant pages of the text and identify the following:
o What traces make good evidence in the case? What evidence/witnesses
might support your argument that the defendant is innocent, or what can you
use to cast doubt on the prosecution’s case?
o Receive and read the prosecution’s discovery. Review the prosecution’s case
as detailed in their discovery. Are there any pieces of evidence you can
discredit or reinterpret? How will you challenge the reliability or credibility of
the evidence presented?
o What inconsistencies or gaps in the evidence can you highlight to weaken the
prosecution’s argument?
2. Building Your Argument:
o How will you open your defense to the jury? Think about how to introduce the
idea that reasonable doubt exists.
o What are the primary points you need to make to show the defendant’s
innocence or cast doubt on their guilt? Structure these points logically.
o How will you ensure your argument flows clearly, with each point supporting
the next and culminating in a strong conclusion?
3. Rhetorical Strategy:
o How will you use rhetoric to create empathy for the defendant and engage
the jury emotionally? What tone will you adopt to convey sincerity and
credibility?
o How can you use ethos, pathos, and logos to persuade the jury of your
argument’s merit? Ethos focuses on the speaker’s credibility, pathos appeals
to emotions, and logos relies on logic and reason.
o What preemptive counterarguments can you anticipate from the
prosecution, and how will you respond to them?
4. Required Writing:
o Write your opening statement, you’ll read this aloud at the Mock Trial.
o Determine who will be called and what questions you’ll ask each witness.
o Write your closing statement, you’ll read this aloud at the Mock Trial.
Yuzu Reader: Critical Thinking: Consider the Verdict
