Last Revised: 5/14/99

ACTIVITY: Watch video, Discussion/Debate, & Persuasive Writing

MATERIALS:
      VCR TAPE: Mumia Abu-Jamal: A Case for Reasonable Doubt? (74 min.)
                    (available from Teach-In organizers - call or email if you need a copy)

(1)   Introduce the video, Mumia Abu-Jamal: A Case for Reasonable Doubt? Explain that it was made by a British documentary filmmaker, and has been shown on HBO and PBS stations around the country. It contains interviews with prosecutors, defense lawyers, police officers, members of Mumia's family, witnesses, ballistics experts, and with Mumia himself on death row. Assuming that you have 45-60 minutes, you should show 25-35 minutes of the video, which is 74 minutes long. (If you have two periods to work with, you can show the whole documentary.)
       Explain that the prosecution and defense will present their positions in this video, and students will be THE JURY. Since they will be passing judgment in a case that carries a possible death penalty, they must pay close attention to the evidence and arguments.

(2) Important Legal Terms. Before you watch the video, ask the class as many of these questions as possible, depending on the time you have:

• What is "credible evidence" for or against a criminal defendant?
• What does "guilt beyond a reasonable doubt" mean to you?
• How many jurors must agree in order to convict the defendant? What happens if the jury is split?
• In order to convict someone of 1st degree murder (which carries the death penalty in Pennsylvania), what must the prosecution prove? (Answer: Premeditation.)

(3) Ask the students to get out a blank piece of paper, draw a vertical line down the middle, and write "Prosecution" on the left side, and "Defense" on the right. Ask them to write down the most credible evidence and the most persuasive arguments made by each side as they watch the video.

(4) Show at least the first 30 minutes of the video (up to Mumia's reading of a section of Live From Death Row that describes his experience of being shot and drifting in and out of consciousness).

(5) Discuss the video. Go through the evidence piece by piece. (Resist the students' tendency to simply conclude that "he's innocent" or "he's guilty.") List the pro-prosecution and pro-defense evidence on the board-- as your students identify specific evidence and explain why they think it is credible or lacking in credibility. When one student makes an assertion about an important piece of evidence, ask if any other "jurors" disagree. The more debate the better, but one "juror" should talk at a time. Important note: With each piece of evidence you write on the board, note whether the jury at Mumia's trial in 1982 actually saw it.

(6) (a) Looking at their own lists of evidence, and the class-created list on the board, ask the students to discuss the evidence for each side. How strong is it? Looking at the evidence as a whole, which position do you think is stronger, the prosecution or the defense?
      (b) Back up a little. Why do you think the jury found Mumia guilty of first degree murder in 1982? Consider the evidence placed before the jury in 1982, the racial composition of the jury, the reputation of the trial judge, etc.

(7) Conclusion: Explain that there are three basic positions that people have on Mumia's case:

• The 1982 conviction should be upheld and the death sentence should be carried out.
• Mumia should receive a new trial
• His conviction should be reversed and he should be released (after 17 years in prison).

Discuss each of these positions. Ask what is the most credible evidence and the most persuasive arguments for each position.

(8) For homework (or in-class if time permits): Have your students write an essay--containing a persuasive argument(s) supported by at least four pieces of credible evidence--taking one of these three positions in Mumia's case.

(9) With further research (making use of the Mumia Teach-In website, and linked websites), this essay could be expanded into a longer, more detailed writing project. In a followup class, students could discuss what related issues--such as the death penalty, racial inequalities in the criminal justice system, police brutality--they might want to investigate next.

(10) Finally, have a discussion with your students about how they can act on the positions they have arrived at in the case of Mumia Abu-Jamal (e.g., letter writing, making videos, going to educational events and demonstrations). Remember, every generation creates its own language and forms of communication.

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