Jorge De La Cruz
Model Lesson Plan
LESSON:
TIME:
Criminal Law: Introduction to Plea Bargaining
55 Minute
I.
GOALS – Introduction to Plea Bargaining
A.
Identify with someone who is willing to plea bargain to avoid jail time.
B.
Develop an appreciation for the lawyer-client relationship.
C.
Understand how prosecutorial discretion plays a big part of how our
criminal legal system works.
D.
Begin to question whether plea-bargaining is a good way to ensure that
justice is served.
II.
OBJECTIVES:
A.
Knowledge Objectives – As a result of this class, students will be
better able to:
1. Identify how evidence or the lack of evidence determines guilt or
innocence in our criminal justice system.
2. Identify reasons why our system affords prosecutors a great degree
of discretion to make plea bargains.
3. Identify the duties a criminal defense attorney owes to his client.
B.
Skills Objectives – As a result of this class, students will be better able
to:
1. Utilize the facts of a case, including the absence of facts, to make
legal arguments.
2. Develop and articulate responses on the fly to challenges by the
other side of a negotiation.
C.
Attitude Objectives – Students will better able to feel:
1. How irresponsible actions such as getting really drunk can put
someone in a situation where their guilt or innocence can be a 50/50
question.
2. Appreciate that the criminal legal system can deal with cases where
all the facts are not clear.
3. How going to court is not always the best way to solve a problem.
III.
CLASSROOM METHODS:
A.
Plea Bargain Game: (approximately 30 mins)
1. Announce we will be reading the case of Joey and Alex.
2. Hand out a copy of the rules of The Plea Bargain Game.
3. Ask for volunteers to read each paragraph out loud. (5-7 minutes)
4. Tell the students that they will be broken into groups of four. One
person will play the role of Joey (the accused). Another person will
play the role of Joey’s Lawyer. The other two people will play the
role of prosecutors.
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5. Count off students 1-4.
6. Assign the groups to different areas of the classroom.
7. Explain that they have 5-7 minutes to brainstorm arguments with
their partners. Joey and Joey’s attorney will talk in private. The
prosecutors will also talk in private.
8. We instruct the role-players to formulate the best arguments for their
respective side.
9. Joey and Joey’s attorney will then meet with the prosecutors and
have a negotiation.
10. We will give them 7-10 minutes to negotiate, during which we will
be checking with the groups to make sure that they are on track.
11. We’ll encourage the students to think about moral, economic, and
practical arguments.
12. The groups are allowed to come up with a plea agreement but do not
have to come to an agreement.
13. After 10 minutes of negotiation we will call time.
14. Then we will go around to each group and have them explain to the
class how their plea bargain went. (allow 7-10 minutes total)
15. If they did not come to an agreement we will simulate a 50-50 jury
decision and determine Joey’s guilt or innocence and Joey’s jail
sentence. Even if they did come to an agreement we will still
simulate a 50-50 jury decision to show what would have happened if
an agreement wasn’t reached.
16. Rearrange the desks back to normal and have a class follow-up
discussion.
B.
Follow Up Discussion: (remaining time about 20 mins)
1. Whether they thought that this was a real case or not.
2. What did they find challenging about their roles (prosecutor,
defense, and judges)
3. Were they satisfied with the agreements they made or didn’t make.
4. Explain that this is how many cases are resolved and that many cases
don’t make it through the trial process.
5. Ask the students the pros and cons of this type of system.
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Rules of The Plea Bargain Game
(handout)
The Players:
- The Accused - Joey (1 per group)
- The Defense Attorneys (1 per group)
- The Prosecutors (2 per group)
The Back Story
Joey went to a party at a friend’s house. There was lots of dancing and underage
drinking. Joey got really wasted. Joey was having lots of fun and continued drinking.
Joey remembers meeting Alex. Joey remembers dancing and making out with Alex. Joey
and Alex kept taking shots together. Joey remembers sneaking off into a room with Alex.
However, Joey doesn’t remember anything after that. Alex claims to be sexually
assaulted. The evidence seems to go either way; a jury decision would be 50/50.
Roles
Accused (Joey) - You have been accused of a sexual assault. You do not know for sure
whether you actually did it or not. You hire an attorney to represent you.
 You’re not sure if you are innocent, but you want to spend the least amount of time in
jail.
Attorney Defending Joey - After reviewing the evidence, Joey’s attorney feels that there
is a 50/50 chance of being found guilty by a jury of peers. If Joey is found guilty, then
there is a 50/50 chance that Joey either receives the minimum sentence of 3 years or the
maximum sentence of 10 years in jail. If Joey is found not guilty, then Joey gets to go
free.
 The attorney must explain the risk of going to trial and possibly facing the maximum
10-year sentence. The number one priority is to look out for the client’s best interest.
You cannot agree to a plea bargain without Joey’s approval. The plea bargain can be
from 0 to 10 years.
Prosecutor for the State - The prosecutor has agreed to meet with Joey and the attorney
representing Joey to discuss a plea bargain. The prosecutor is certain of having at least a
50/50 chance of proving the case. The prosecutor knows that the minimum jail sentence
would face is a 3-year jail sentence and could face a 10-year maximum sentence.
 The main goal of the prosecutor is to put guilty people in jail. The prosecutor
believes Joey did commit the crime, however does not know if the evidence is strong
enough to prove that Joey committed the crime beyond a reasonable doubt. The
prosecutor has the authority to agree to any plea bargain between 0 and 10 years.
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Simulating a 50/50 Jury Decision
(Teacher Preparation)
Materials Needed
- Envelopes
- Index cards or slips of paper
- Marker or pen
1. The way we simulate a 50/50 jury decision is to use sealed envelopes with verdicts
inside.
2. Each envelope should have four index cards inside.
3. Each index card will have a different thing written on it.
4. One card should say “Guilty.” Another card should say “Not Guilty.” The two
remaining cards should read “Minimum sentence – 3 years” and “Maximum sentence
– 10 years” respectively.
5. Each card should also have a unique letter or a unique number written on it. For
example, the “Guilty” card is also marked “A,” the “Not Guilty” card is marked “B,”
the “min. sentence” card is marked “X,” and the “max sentence” card is marked “Y.”
6. These additional markings are very important. Because on the outside of the envelope
the teacher will write “A or B” and “X or Y.” These letters need to correspond to the
cards inside the envelope.
7. In the example, the question of “A or B” refers to a question of “Guilty” or “Not
Guilty” (50/50 decision). And the question of “X or Y” refers to a question of
receiving the “min. sentence” or “max sentence” (50/50 decision).
8. Once the cards are appropriately marked, they should be placed in the envelope and
sealed.
9. The teacher should prepare a separate envelope for each of the groups.
10. At the end of the negotiation period, the teacher will hand each group an envelope.
11. Then the teacher will ask the person playing the role of Joey to choose “A or B.”
This will determine Joey’s guilt or innocence.
12. Then the teacher will ask the prosecutors to choose “X or Y.” This will determine
Joey’s sentence.
13. It is important to mix up what the letters refer to. For example, sometimes “A” refers
to the “Guilty” card and sometimes it refers to the “Not Guilty” card.
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Visual Example of 50/50 Jury Decision
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