Take the mock out of mock trials

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  • 1. California Council for the Social Studies March , 2012 Fran Chadwick, Ed.D. California State University San MarcosCalifornia On My Honor

2. State of Civic EducationAccording to former Justice Sandra Day OConnor , Two-thirds of Americans know at least one of the judges on the Fox TV show American Idol, but less than 1 in 10 can name the Chief Justice of the United States Supreme Court.Survey: 1 out of 3 Americans polled could not identifythe three branches of the government! 3. Psssssst:U.S. Supreme Court:Chief Justice John RobertsCalifornia Supreme Court:Chief Justice Tani Cantil-Sakauye Executive, Judicial, Legislative 4. Benefits of Mock Trials Make law come alive! Establish relevancy ~ connections to learner Call for active engagement in authentic ways Engage students in higher order thinking 5. Benefits: Effective for all grades Beneficial for special education Roles for all learning styles Lawyer, witness, judge, bailiff, juror, court clerk Connect with court visits and outreachprograms, TV or movie, judge or lawyer to classroom Can enhance language arts skills and understanding 6. And. Mock Trials are Fun!Today my legs were shaking but I feel confident.Tomorrow I will be so, so nervous! 7. Where do I Begin? Provide a context for learning: Blending of language arts, theatre and law Provide instruction in each areaWhat is my objective? 8. Elements of Theatre Character: The role played by an actor as he or sheassumes anothers identity-physically, mentally andemotionally. Dialogue: The words spoken by the actors in a drama Music: The use of instruments or vocals 9. Theatre Elements: Plot: The what happens in a story Beginning setting, characters and problem Middle how the characters interact, problem builds toclimax End - the problem is resolved Theme: The central thought or idea 10. Character DevelopmentActivities to establish character:Use of dialogue: Yes, Oh, Is that right?Use of movement: Visors Down,Movement to convey character: Emotions: Sad, Happy, Frightened, Physical identity: Age, Condition, etc.Study of character for mock trials: Use HOT skills to determine and establish motivation, attitude, mental, emotional and physical 11. Hmmm?Analysis of PlotStudy television programsAnalyze literaturePose the following challenge and questions:What is the conflict?Describe multiple viewpoints What is truth?Who is the protagonist? Antagonist? 12. Understanding the Basics of Courtroom Process Two types of cases: Civil and criminal Civil: Lawsuit. One person suing another, usually formoney. Personal injury, breach ofcontract, malpractice. Also includes family law. No jailor punishment. Criminal: Prosecution. Brought by the state againsta person. Involves fine and punishment.Misdemeanor: a year or less in jail. Felony: jail or stateprison. One event can result in civil and criminal trials 13. Basic Terms Plaintiff: person who brings the case. comPLAIN. In criminal: PEOPLE OF THE STATE OF CA Defendant person defending the case. Litigation: lawsuit. The fight in court. Lawyer: counselor, attorney Judge: commissioner, referee Court trial: judge makes decision. Jury trial: 12 jurors make decision 14. Steps in a Jury Trial 15. 1. Selection of the Jury - Jurors called for the voir dire. - Jurors challenged, for cause and peremptory. - Challenged jurors return to the jury room and the selected jurors are sworn.2. The Trial - The Judge may deliver remarks to the Jury. The attorneys give their opening speeches. - Witnesses are called for direct and cross-examination and exhibits are presented. - When all of the evidence has been presented, the attorneys give summing up, or closing arguments. 16. 3. The Judges Charge - The Judge instructs the jury as to what laws apply to the case and what those laws mean.4. Deliberation - The jury goes into a private room to discuss the case and reach a decision. They may talk to no one except the Judge if they have questions.5. The Verdict - The jury returns to the courtroom and the foreperson announces the decision. The attorneys may ask that the jury be polled. 17. Burden of proof Plaintiff has the burden of proving his case Defendant doesnt have to say a thing If both sides evenly matched and you cant tell who isentitled to win, defendant entitled to verdict Civil case: preponderance of the evidence. More likelythan not. 9/12 jurors must agree Criminal case: beyond a reasonable doubt. probablyguilty not enough. 12/12 jurors must agree If jurors cant agree, hung jury. Mistrial. 18. Judge: Bailiff bring out the accused, Sarah Good. Bailiff brings out defendant in handcuffs. Judge: Sarah Good, thou art here accused that not having the fear of God before thine eyes thou hast had familiarity with Satan the grand enemy of God and man, and that by his instigation and help thou hast in a preternatural way afflicted and done harm to the bodies and his Majestys subjects, Elizabeth Parris and Abigail Williams, for which by the law of God and the Colony of Massachusetts thou deservest to die by hanging. Sarah Good, thou hast heard the complaints against you. Is it true that you are a witch? 19. Sarah: Certainly not, Your Honor. Judge: Have you seen the Devil, Sarah Good? Sarah: Never, Your Honor! Judge: If you are not a witch, how do you explain the contortions that young Elizabeth Parris and Abigail Williams go into in your presence? 20. Sarah: It must all be fake, Your Honor! Judge: Did you visit John Putnams farm two weeks ago? Sarah: I did, Your Honor. Judge: How do you explain the fact that a baby calf was born the day after your visit and that calf had a grossly deformed leg? 21. Sarah: I cant explain it, Your Honor. I had nothing to dowith it, I swear! Judge: Isnt it true Sarah Good that you have a witchesmark on your neck? Sarah: Your Honor, I have had a small mole on my neck myentire life. It is NOT a witches mark! Judge: Silence! I have heard enough. I find that you areguilty of witchcraft and sentence you to be hanged in thetown square next Saturday. Bailiff, take her away! Created by Judge Joan Weber, California Superior Court of San Diego County 22. Character Analysis How would you describe your character? What kind of ethics does your character possess? Wise choices? Motivation? Considering the historical time period, how might yourcharacter react to circumstances? What is the physical appearance of your character? List personality traits, challenges, roles andaccomplishments of your character. 23. Types of Mock TrialsReaders Theatre: (read from existing script)Beneficial for learning court processes, roles. Generally used for knowledge and comprehension levels, however, can be used to promote higher order thinking with meaningful follow-up activities.Skeletal Mock Trials: (students create dialogue from givencase) Beneficial for analysis, synthesis and evaluationwithin the process of research about the rule oflaw, creating opening and closing arguments, deliberatingover testimony. Check out the Five Freedoms Project:http://www.fivefreedoms.org/network/ybtj_apr10 24. Historical Mock Trials: Significant events, time inhistory, ie: Salem Witch Trials. Consider expanding the idea ~ opening and closingarguments on a political issue, ie: religiousfreedom, rights of women, Anne Hutchinson ~ put heron trialLanguage Arts Inspired: Analyze the plot, especially as it relates to the conflict, create a trial format, ie: The Trial of the Big Bad Wolf 25. Important Components: All mock trials should be accompanied with activities tosupport learning objectives; Learning activities must give students the opportunity touse critical thinking skills! Call your local bar association or local court ~ ask aboutoutreach programslawyers and judges in theclassroom, classroom tours, mock trials, Law Day Check out resources offered on the website of theAdministrative Offices of the Courts:http://courts.ca.gov/programs-lawrelated.htm 26. The troubleis that we have taken our democracyfor granted; we have thought and acted as if ourforefathers had founded it once and for all. Wehave forgotten that it has to be enacted anew inevery generation.John Dewey 27. Resources for Mock TrialsAdministrative Offices of the Courts of California: http://courts.ca.gov/programs-lawrelated.htmMini Mock Trial Manualhttp://www.civicallyspeaking.org/mock3.pdfNinth District Circuit Court, Illinois: TeacherResources, Mock Trial Informationhttp://19thcircuitcourt.state.il.us/services/pages/mock_trials.aspx Constitutional Rights Foundationwww.crf-usa.org/mock-trial-program/