Due to a quirk in time, you have been transported back to the year 1520 and the city of Worms. Here, you find yourself involved in the trial of the German monk, Martin Luther, who has given himself up to the authority of the Catholic Church to address the charges that he is, in two words, a heretical revolutionary. The specific charges are as follows:
Count 1. Development and preaching of heretical doctrines
Count 2. Inciting members of the Catholic Church to rebel against the authority and established doctrines of the universal Church
Is Martin Luther innocent or guilty of these charges? Mock Trial
Prosecution Opening Statement (2.5 minutes)
Defendant Opening Statement (2.5 minutes)
Prosecution Questioning of Witnesses (10 minutes)
3-5 questions per witness
Defendant Questioning of Witnesses (10 minutes)
3-5 questions per witness
Utilize Edmodo and Google docs to illustrate that your group can function and that work was distributed evenly!
Note: I can see you worked on the document if it is in Google.
Group Google doc needs: Opening, Direct, Cross and Closing only. Do not copy/paste all the research to the group doc.
Prosecution Cross Examination (5 minutes)
Defendant Cross Examination (5 minutes)
Prosecution Closing Statement (2.5 minutes)
Defendant Closing Statement (2.5 minutes)
No more than 4 different witnesses per side for the sake of time. If there is a large class there may be 2-3 lawyers.
Prosecuting Attorney(s)The Prosecution: Sir Thomas More, an Anabaptist, Leo X,
Opening Statement Johann Tetzel, Ignatius Loyola*, Charles V* (Holy Roman Emperor),
Questioning Pope Paul III (Counter Reformation), Pope Paul IV, (CR) Bernini
Cross Examination (CR) and German Commoner*.
Defense Attorney(s)The Defense: Martin Luther, Henry VIII, John Calvin, Huguenot*,
Opening Statement Erasmus, Gutenberg, Kate Luther, Jan Hus*, Ulrich Zwingli,
Questioning and German Commoner*.
(Some of these witnesses are alive and some are dead during the actual trial)
Judge* * Denotes, members of the jury as well.
Mock Trial Research Sheet for Historical Witnesses
What is my role? __________________ You may bullet:
When did I live?
Where did I live?
What religion was I?
How did my life contribute to the Protestant Reformation?
Do I support the Church or Martin Luther and why?
Significance of my historical figure in the trial:
Historical Witness Questions: Script the direct examination questions and answers for you and your lawyer. Everyone should have a copy of this incase anyone is absent the day of the trial! The lawyer should first be asking you to state your name, and profession and/or religion. These are not included in the count for your 3-5 leading questions. Your direct examination questions and answers should teach the class about your historical person and should sway the jury. Use the space below for notes. The final version of this should be on the group’s Google Doc. This should be rehearsed with the lawyer before the actual trial. ____________________________________________________________________________________________________________________________________________________________________________________
Notes in preparation for cross examination:
(The opposite side may or may not call you up to the hot seat, you need to be prepared for this!):
Mock Trial Research Sheet for the Lawyers What is my role? __________________ You may bullet:
What am I trying to prove?
Factual evidence that supports my case:
Who am I interviewing and why?
(Include all direct examination witnesses in your group here.)
Lawyer(s)’s Opening Statement: State your case. Why should the jury support your side? Explain. The actual speech should be about 1 page double spaced. Use the space below for notes. The final version of this should be on the group’s Google Doc. This will be collected the date of the trial. This should be rehearsed before the actual trial. ____________________________________________________________________________________________________________________________________________________________________________________
__________________________________________________________________________________________ Lawyer(s)’s Witness Questions: 3-5 leading questions per witness The witnesses should have scripted this FOR the lawyer(s). Have a copy of the questions and answers. Everyone should have a copy of this incase anyone is absent the day of the trial! Practice the questioning with the witnesses! Use the space below for notes. The final version of this should be on the group’s Google Doc. ____________________________________________________________________________________________________________________________________________________________________________________
Witness’s Complete with/or for the Lawyers (depending on time)
Cross Examination Questions: 3-5 questions per witness
Create 3-5 questions for 3 witnesses on the opposing side; their answers will be on the fly (not-scripted) since you are asking questions to non-group members! Everyone should have a copy of this incase anyone is absent the day of the trial! These questions are meant to prove your point and to get the witness to contradict their previous statements to support your side. Research the other witnesses first. Use the space below for notes. The final version of this should be on the group’s Google Doc.
__________________________________________________________________________________________ Lawyer(s)’s Closing Statement: Summarize the testimonies and your point of view. This is your last chance to have the jury vote in your favor. Explain. Use the space below for notes. The final version of this should be on the group’s Google Doc.This will be collected the day of the trial. This should be rehearsed before the actual trial. ____________________________________________________________________________________________________________________________________________________________________________________
Court Officials Assignment – Trial of Martin Luther
The Judge and Court Reporters must be knowledgeable about all historical information being presented by the prosecuting side and defending side. They must know and record the historical significance of each member that is present at the trial. This requires researching each figure. Not all of these witnesses are in the same time period. Include pertinent dates. Not all will be present at our trial. Directions: Research this historical significance of the witnesses in the trial. Provide 2-3 brief bullets on why the witness is pertinent to the trial. Include important dates. E-mail Ms. Buffalino a digital version of this handout and print a copy of the handout for the day of the trial.
Prosecuting Side – These witnesses oppose Martin Luther, research why
Sir Thomas More
Pope Paul III
Pope Paul IV
Defense Side – These witnesses support Martin Luther, research why
Students must also be able to organize and coordinate the trial using legal jargon (see next page)
Legal Terms: Affidavit: A written declaration made under oath before an official such as a notary or court personnel
Closing Argument: Each side presents a summation of its case. The summation reviews the testimony heard, the evidence brought forward, and the arguments made by counsel. This is given in the past tense, as in “The prosecution has shown that...” or “evidence has proven that...”
Counsel: A formal term for a lawyer (or group of lawyers), particularly an attorney conducting a case in court.
Cross-examination: Questioning that occurs after the direct examination and is conducted by the counsel who did not call this witness.
Deposition: A written statement under oath by a witness for use in court, particularly if the witness cannot appear.
Direct examination: The first questioning of the witness by the counsel who called the witness to the stand.
Objection: What occurs when an attorney believes that the opposing attorney has violated the rules of evidence. The attorney may feel that the evidence presented is not relevant to the issues of the case, or that a question is leading, ambiguous, or based upon hearsay.
Opening Statement: When counsel, either prosecution or defense, presents an outline or summary of their case. The opening statement is a presentation of the issues and arguments that will be shown during the course of the trial and is always made in the future tense, such as “The defense will demonstrate...” or “Evidence will prove that...”
Plaintiff: The party that institutes the suit in court; tends to be used more in civil trials than in criminal trials.
Testimony: The affirmation of fact or truth as given before a court; usually done orally, as in “the testimony given by a witness.”