Creating+a+Theory+of+the+Case

Objectives:

 * analyze sample theories of criminal cases
 * develop a theory of the Freeman/Parker cases

Do Now:
What is a theory?

Lesson:
1. You will look at the facts of an actual criminal case in order to help you understand how to develop a //theory of the case// - a set of logical inferences that explain what happened in a criminal case in a way that benefits either the defendant or the state. ( A short story about the case, told from a particular perspective).

Facts of the Rydell Case:
 * On January 1 Christopher Garver spent the time between 10 a.m. and 4 p.m. drinking at a friend's house.
 * At 4:15 p.m. Christopher Garver left the friend's house and went to James Rydell's house. Garver pounded on the door, then opened the door and entered Rydell's house.
 * James Rydell and his girlfriend, Kay Banning, asked Garver to leave.
 * Garver refused to leave and accused Rydell of having an affair with Garver's girlfriend, Maria.
 * Rydell went to his kitchen and came back with an 8-inch kitchen knife, which he concealed in his pants pocket.
 * Garver began to grope Kay Banning, who asked him to stop.
 * Rydell stabbed Garver in the neck.
 * Banning called 911.
 * Garver died while being transported to the hospital by ambulance.
 * Rydell was arrested for second-degree murder.

2. Look at Handout 20 on the Rydell case. There are two theories of what happened and both are based on the same set of facts. Work with a partner to read the two theories of the case and with your partner, discuss the questions at the end of the handout.

3. Use the facts in your case to develop a theory of the case for the unit project. In order to make convincing arguments when you negotiate with opposing counsel or argue why a defendant should receive a particular charge, you need to have a theory of the case on which to base your arguments.

Use Handout 21 and on your own, answer the questions. Use the timeline your team created as well as any other information on the Arraignment Planner and the case file.

4. Exchange your completed handout with a teammate.
 * Underline words and phrases on your partner's handout that can be used to create a convincing and persuasive theory of the case.
 * Highlight facts you think should be emphasized and facts you think should be de-emphasized.

Return your partner's handout to them and share feedback.

5. On your own, write a draft theory of the case, based on your responses to the questions on the handout as well as the ideas and suggestions made by your partner. Your theory should be short, persuasive, and have an introduction and a conclusion. It should be between 200-250 words. (See the theory examples on Handout 20).