Page 34 - Prescription for Crime Drug Testing
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3.  Identify critical weaknesses in the reliability of   and faulty methods, as these are likely to come up
                 each fact.                                      in court.

             Review the brainstorming results as a class and     The remainder of students should split, approxi-
             instruct students to connect various facts and evi-   mately evenly, into the prosecution and defense
             dence to make logical assumptions about the case.   teams. The student filling the role of the accused
                                                                 should work with the defense. Each side should
                                                                 as- sign their members as either lawyers or
             STUDENT ROLES                                       witnesses called. The lawyers are responsible
             Allow students to select, or assign, various roles rel-   for building their case, developing the questions
             ative to the characters.                            to ask their wit- nesses, and for identifying key
                                                                 witnesses called by the other side to exploit during
             Additional students may serve as the court, filling   cross examination. Each side should also identify
             the roles of judge, bailiff, and clerk. The judge must   critical weaknesses in their own case and prepare
             research court proceedings and make determina-      counter-arguments for these weaknesses. As there
             tions of law, therefore the instructor may wish to   are always surprises during trial, each side should
             take this role themselves. The bailiff is responsible   prepare strategies to deal with the unexpected.
             for swearing in witnesses and keeping order in the
             court. The Clerk is responsible for recording the   The prosecution must provide a reasonable series
             trial proceedings. You may wish to omit these roles   of events that are consistent with the facts of
             or have these students work with the prosecution    the case, a motive for the events that occurred,
             or defense during the planning stages. With large   and prove be- yond a reasonable doubt that
             classes, students may also play the role of jury.   the accused is guilty. The defense may present
             Jurors must attend to the trial proceedings and     their own accounting of the facts or undermine
             also review the evidence and written documents      the prosecution’s case by showing that the
             pre- pared by the defense and prosecution to        prosecution’s witnesses are unre- liable, that the
             come to a conclusion about the case. They must      prosecution’s version of the events make no sense
             then either meet outside of class and come to a     or is inconsistent, or by introducing reasonable
             unanimous de- cision, or each write a short paper   doubt into the prosecution’s case.
             justifying their own decision.
                                                                 Unlike a real trial, witnesses may help the  law-
             At least one student should act as an expect        yers build their case; their primary duty, however,
             witness (the forensic scientist who processed       should be to become intimately familiar with their
             analyzed the evidence presented); if multiple       testimony. Expert witnesses are especially useful
             laboratory modules were utilized, several students   when dealing with forensic evidence, and each side
             should fill this role. This student must be very    may wish to call their own or use the other side’s
             familiar with the labora- tory procedures used to   expert. The students playing the role of expert wit-
             process the evidence and should also be aware of    ness must become very familiar with that field and
             the ways the evidence can be mishandled and the     be able to field questions about the accuracy and
             precautions taken against evidence contamination    limitations of the techniques.












              34    THE MYSTERY OF LYLE AND LOUISE
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