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Thursday, June 3, 2010

Introductory Drills


I have provided some introductory drills to get the ball rolling in this subject area. Please feel free to add your own and we will share them through out our growing community. Where possible I have identified the source of the drill, but many of them have simply come down through the mists of time. They are shared at NITA sessions and in those places where advocacy professors gather, usually over some sort of liquid libation. We learn best when we learn from each other. Drills are one of those fun moments where that happens. The trick to drills is to make sure that the students are having fun and that they don't waste time. I usually divide my drills up into three sections - a goal, a situation and a requirement. You can label them any way that you feel works best. They are merely tools to teach with, although sometimes they serve as a great source of fun!

Drill # 1 - Getting to know you.

Goals: Get to know students, introduce basic questioning techniques, and introduce the professor to the students.

Situation: Classroom/courtroom environment, new class - no fact pattern assignment necessary.
Requirement: Student displays familiarity with basic questioning techniques.
Performing the drill: I have the students sit in a circle, joining them. I then begin to go around the circle asking open ended questions of each student. We begin with names, but also move onto where you went to school, why are you taking this course, how do you like the law, where are your parents from, etc. These questions are the type of open ended questions you would ask to get to know something new about someone. I do not tell the students that I am using basic questioning techniques while performing this initial part of the drill. Once we have done the entire room I tell the students that I have just performed a direct examination of each of them, one designed to introduce the witness to the jury. I then turn the table, allowing the students to question me, with the following caveats:

1. It must be an open-ended type question.
2. Each student can ask one question, and each question must build upon the previous answer or provide a Headline that indicates a change of subject.
3. I reserve the right to not answer questions that are guilt assuming or meant solely to embarrass, on the basis that such questions are not allowed in court.

Students usually warm up to this drill in a big way, attempting to learn something about the professor that they might otherwise never learn. It breaks down barriers, allows you to get to know them, and gets them in the habit of listening to answers and forming their next questions based upon the answer that they hear. It serves well as an introductory drill.

Drill #2 - Tell Us a Little About Yourself.

Goal: To get the student on their feet talking in a story telling fashion. This drill is designed to produce the sorts of techniques that are necessary for a superior opening statement.

Situation: This drill works well in an introductory session or immediately prior to or immediately after a block of instruction on how to do an opening statement.
Requirements: The student will relate information about a portion of their life that they wish to share (or that you have specifically identified, such as Christmas morning, best birthday, wedding, ect.) using the fundamental principles of opening statements. Particular emphasis should be placed on telling a story as outlined in FTA.

Drill #3 - Closing Argument from a Fairly Tale.

Goal: To get the student on their feet arguing the meaning of a case whose facts are known to the entire class. If you choose a fairytale or children’s bedtime story the facts should be known to everyone. You can then assign sides for both prosecution an defense, identify the charged offense(such as breaking and entering for Goldilocks and the Three Bears) and then give the students 5 minutes to prepare. This drill is designed to produce the sorts of techniques that are necessary for a superior closing argument. It will assist you in identifying which students have raw talent and which students can quickly improvise and adapt.

Situation: This drill works well in an introductory session or immediately prior to or immediately after a block of instruction on how to do a closing argument.

Requirements: The student will argue the meaning of the facts in relation the identified offense. This is an excellent opportunity to point out the need for proper case analysis when forming an argument.

Drill #4 - Truth or Lie?

Goal: To get the student on their feet communicating both truthful and untruthful facts. The goal is to teach the students about physical presentation and the impact that falsehoods have on our in court delivery. This drill is designed to get the student thinking about physical presence and truth in the courtroom.

Situation: This drill works well in an introductory session or immediately prior to or immediately after a block of instruction on the impact of physicality in the persuasive process.

Requirements: The student will write down four facts about themselves, one of which is a lie. They will then tell the rest of the class each fact, one at a time, delivering them as though they were making an opening statement. Based on body language, eye contact, and dubious substance, the audience guesses which fact is a lie. After all students have placed their votes, the student discloses the real lie. This exercise is good if you are pressed for time.

Drill #5 - Modulation and Inflection.

Goal: To get the students playing with voice inflection and modulation. This drill is designed to show the students that the way in which words are delivered can have as much persuasive impact as the words themselves.
Situation: This drill works well in an introductory session or when you are pressed for time.
Requirements: Choose a short phrase. Have one student repeat the sentence, each time the student emphasizes a different word using voice inflection. Alternatively, randomly select students to emphasize different words in the sentence. The following are sample phrases, but you should feel free to use your own.
  • This is a really stupid idea.
  • You can’t handle the truth.
  • Are you talking to me?
  • When did he say he would give you the money?
  • I feel your pain.
  • I Love you man.

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