Mock+Trails+Strategy

V Individuals, Groups, and Institutions VI Power, Authority, and Governance -- INT·ROOOCTION Mock trials introduce students to the complexities oflaw and courtroom life in the United States. While students participating in mock trials learn the content of particular cases, the primary purpose is to understand courtroom processes and to improve higher-order thinking skills. These include listening and questioning skills and the analytical skills required of competent citizens. Mock trials also serve as engaging performance-based assessment (Miller & Singleton, 1997; Turner, 1997). In social studies classrooms, the preparation and participation in a mock trial that is focused on constitutional issues requires student understanding of the role of the judicial system, historical precedents, the rights of the accused, the jury system, and the rule oflaw. Understanding the rule of law in the U.S. constitutional system is a foundational principle in a civic education curriculum. In a typical mock trial, students assume the variety of roles represented in a typical court case: In essence, a mock trial is an elaborate and structured role-play activity. Whether mock trials are created by the teacher or purchased commercially and whether they are based on factual or fictitious circumstances, the basic participants and rules are the same. • Gather necessary materials for the mock trial. These include procedural rules, fact statements, witness profiles and statements, evidence, a description of the case, and profiles of any victims. For example, witness profiles include any knowledge of the case, the relationship of the witness to any victims, and factual information regarding the reliability of the witness. Witness profiles do not have to be lengthy: A typed, half-page summary is usually sufficient. If possible, work with the local bar association. Many attorneys are familiar with mock trials, and some will be willing to work with students. Their insights and expertise are invaluable. • Introduce and explain the mock trial process to students. If possible, attend an actual trial or view a video of one, noting for students the different roles and procedures. Provide a handout of the procedural rules and responsibilities for each participant. One helpful site is Bradley University's mock trial site (http://www.bradley.edu/campusorg/trial). Although this is a university mock trial site, it offers extensive student-friendly information about procedures (e.g., time limits, how to object, how to question witnesses and present evidence, and basic courtroom behavior), different types of witnesses (e.g., character, expert), and specific guidelines for each participant (e.g., the responsibilities of attorneys, judges, witnesses, jurors, and bailiffs). • Introduce students to the particular case to be tried. Provide a general description of the incident and the exact nature of the case. What is the defendant accused of doing? What exactly are the charges? Students can try either civil or criminal cases. There are specific differences regarding the standard of proof-a preponderance of evidence is needed for civil cases and evidence beyond a reasonable doubt for criminal cases. Students must be clear on the type of case involved. In general, procedures are the same. • Assign students to specific roles. Every student in the class should have a role. Suggested roles include judge, jury members, court artist, video operator, bailiff or clerk, timekeepers, attorneys for prosecution and defense, witnesses, defendant, and plaintiff. After assigning roles, have students more closely examine and prepare for their role in the trial. Each witness must learn his or her character and what he or she knows about the crime. Attorneys must learn their character and responsibilities, be familiar with the crime, and know the procedures for opening and closing statements and for examination and cross-examination of witnesses. After students have learned their roles, have the attorneys "prep" their witnesses. Because students do not read from a script during the trial, it is essential that they understand their ro.les and responsibilities. Practice is warranted. • Introduce and review the performance scoring rubric (Table 31.1). Discuss example performance with students. For example, what is the difference between a "completely convincing" and a "fairly convincing" performance? What does the student have to do to be completely convincing? Does this include mannerisms, speech patterns, vocabulary, or dress? • Mock trials follow a fairly standard procedure: 1. Opening statements by prosecution, then defense (3 to 5 minutes each) 2. Direct examination of prosecution witnesses (4 to 6 minutes per witness) 3. Cross-examination of prosecution witnesses by defense (2 to 4 minutes per witness) 4. Redirection of prosecution witnesses by prosecution, if necessary (1 to 2 minutes per witness) 5. Direct examination of defense witnesses (4 to 6 minutes per witness) 6. Cross-examination of defense witnesses by prosecution (2 to 4 minutes per witness) TABLE31.1 MOCK TRIAL HOLISTIC SCORING RUBRIC POINTS PERFORMANCE DESCRIPTION 4 The performance was completely convincing and expert. The performer was believable in his or her role. All information was presented correctly, and procedures were followed exactly. 3 The performance was realistic and fairly convincing. The performer was believable in his or her role. The majority of information was correct, and the procedures were followed almost exactly. 2 The performance was a performance-not very believable. The information and procedures were usually correct. 1 The performance was halting and unbelievable. The information and procedures were often incorrect. 7. Redirection of defense witnesses by defense, if necessary (1 to 2 minutes per witness) 8. Prosecution closing argument (3 to 5 minutes) 9. Defense closing argument (3 to 5 minutes) 10. Judge's instructions to the jury with dismissal for jury deliberation 11. Return for a verdict • If possible, have all students observe the uninterrupted deliberations of the jury. This allows all participants to see how the evidence was interpreted. • After the activity, debrief with students regarding the mock trial process. What might each participant have done differently? What additional information (evidence or witnesses) would have been helpful? Trials are one way to resolve conflicts. What other ways could this conflict have been resolved? Assessing student performance in a mock trial can be a challenge. Traditional assessment tasks addressing students' knowledge of content and procedures are appropriate; however, assessing the performance of the players requires a different tool. Table 31.1 features a holistic scoring rubric that could be used to assess mock trial performance. Beck;C. R. (1999). "Francine, kerplunk, and the golden nugget"-Conducting mock trials and debates in the classroom. Social Studies, 90(2),78-84. Miller, B., & Singleton, L. (1997). Preparing citizens: Linking authentic assessment and instruction in civic/law-related education. Boulder, CO: Social Science Education Consortium. Murray, T. R. (1995). Teaching citizenship through mock trials: Blending social studies and language arts. In M. Burke-Hengen & T. Gillespie (Eds.), Building community: Social studies in the middle schoolyears. (pp. 91-102). Portsmouth, NH: Heinemann. Sansone, S. C. (1999). Get your students involved in civics. Social Education, 63(4),228-232. Turner, T. N. (1997). Engaging social studies book reports. Social Studies & the Young Learner, 9(4), 5-7. A number of Web sites further detail mock trials. Any general search will be helpful. For lesson ideas and links to other sites dealing with civic education, including mock trials, contact: Center for Civic Education: http://www.civiced.org American Bar Association: http://www.abanet.org/
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