Frank Shabata is on trial for the murders of Emil Bergson and Marie Shabata. You are the defense lawyer who is arguing his case. Make a 10 minutes defense statement that you will read to the judge and jury (me and your classmates).

July 31, 1915 Hanover, Nebraska Defense Attorneys - Your case defending Frank Shabata is almost coming to a close and it is time to give your closing arguments in the case of the State of Nebraska v. Frank Shabata. You have done an excellent job thus far of proving a lesser charge for the defendant, and it is now in your hands to argue the fate of Mr. Shabata. Remember the following as you construct your final persuasive argument to the jury. 1. First, retell Frank's story from his side. Tell a compassionate story to the jury and remind them of the charges you are seeking. (Decide whether you want him to be charged with 2" Degree murder, or manslaughter and argue.) 2. Give the jury a summary of your evidence. Give them evidence that supports your charge. Prove that Mr. Shabata deserves a lesser charge using at least six separate pieces of evidence. (Find solid evidence from the text!) 3. Prove why the prosecution's charge is unwarranted. The State of Nebraska is charging Frank Shabata with 1" degree murder. They are saying his motive was murderous, calculated rage against the infidelity of Marie Shabata and Emil Bergson and that he shot them in cold blood. This is your chance to disprove their theory. 4. Give an emotional conclusion. Urge the jury to act on your charge. Plead with them to have mercy on Mr. Shabata. Leave them with a strong message. Good luck on your closing argument, counselor. Justice in the case of The State of Nebraska v Frank Shabata depends on your persuasive powers. Should you be successful, you will have a promotion to partner at Cather Law Offices upon your return. Best,Frank's Defense Presentation Name: 2. Apprentice 1. Novice 4. Distinguished 3. Proficient Demonstrated a basic Demonstrated little or no Oral Presentation- Demonstrated a Demonstrated a working knowledge of the subject knowledge of the Knowledge thorough knowledge of knowledge of the subject subject. Demonstrate knowledge the subject matter matter. matter. of book Appeared to be an expert on the subject being presented. Information related to Content-Quality of All information was clear Used relevant Information did not and came from the information. Included the topic, but project include details or Information: Relates to topic, novel. Extensive details many details and strong needed more details and examples that related to the topic. Information did detailed, and accurate and relevant examples examples that came examples to fully support were used to support the from the text. ideas. not come from the novel. content Content-Creativity: Project demonstrated Used student-created Information was factual Project was built from a Unique delivery and student's own materials as well as but showed little student template, designed only approach interpretation and existing material from Interpretation. Project as prescribed, or was expression of research other sources. Student based primarily on based entirely on material. devised a creative way sample work. Student sample work. to design or deliver the added one or more project. original ideas. Writing-Organization: All ideas were presented Ideas were presented in Some ideas were Writing was fragmented. Clear, logical sequence in a logical order. a logical order. presented in logical Ideas were not as described in the Introduction was clear, Introduction was clear, order. Introduction, presented in logical assignment body included many body included many body, and conclusion order. Introduction, details, and conclusion details, and conclusion were included. body, and conclusion summarized main idea. summarized main idea. were not clear. Writing flowed smoothly throughout. Writing-Word Choice: Used scholarly and topic- Used scholarly and topic- Vocabulary was only Accurate, descriptive Vocabulary was too specific vocabulary. specific vocabulary vocabulary slightly more scholarly Word choice was highly casual. Used Misused one or two than casual descriptive and specific. words. inappropriate language conversation. Attempted on several occasions. to use topic-specific Did not use any topic- vocabulary, but misused specific vocabulary. some words#1: Introduce yourself and your client and tell what the goal of your defense is. THE INTRODUCTION: Good morning, my name is , and it is my pleasure to represent so and so on this very important case. The defendant stands here accused of , a very serious crime. At the conclusion of the case we will ask for a verdict of not guilty. #2: Explain the major theme of your defense. THE THEME: Ladies and gentlemen of the jury, this case is about... [mistaken identity] or [a person who acted out of _s_e_|f_d_e_fe_r_1_s_e] or [a person who mentally ill and didn't know what he was doing]. (There are a limited number of defenses an accused party can use. Either the defendant was mistaken for another: was forced to act out of seldefense, was insane or suffering from diminished capacity, or perhaps committed a crime but just not the specific crime that the prosecutor alleges.) #3: Address the prosecuting lawyer's probable arguments. This is the main part of your speech. Use direct quotes from the text to support your ideas. Tell about Frank's past and explain how it may have led him to this act. CONTRADICT THE STATES THEORIES: The prosecution hopes that their witnesses with say.... However, in fact the testimony with show... [Remember in a trial, the prosecution gives their opening statement first. The prosecutor will outline his or her case and will accentuate the positive or only highlight the points of the case that helps get a conviction. You need to be prepared to list all the evidence that helps you in your opening] For example: Ladies and gentlemen of the jury, the state has claimed that they have an eyewitness who identied my client as the burglar. However this supposed eyewitness really has poor vision, and it was very dark out on the night in question. or Ladies and gentlemen of the jury, the state has claimed that my client confessed to killing Mr. Jones, however, my client was coerced and threatened by the police. or Ladies and gentlemen of the jury, the prosecution has indicated that my client's ngerprints were found on the crime scene. However, there is a legitimate explanation for this. My client was employed as a caretaker for the premised just 6 months prior. or Ladies and gentlemen of the jury, the prosecution has explained that three witnesses saw my client stab the defendant. However, what the prosecutor didn't say is that my client suffers from mental illness. He was literally out of his mind that day in question, and we have an expert witness who will testify that my client is insane. #4: Conclude your statement. CONCLUSION: At the conclusion of the case we would ask you to nd that my client is innocent. The state has not met its burden of proof, and we would ask for a verdict of not guilty. Thank you