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

2. State of Civic Education
According to former Justice Sandra Day O‟Connor ,
“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 identify
the three branches of the government!

3.  Psssssst:
U.S. Supreme Court:
Chief Justice John Roberts
California 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 “outreach”
programs, 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 area
What is my objective?

8. Elements of Theatre
 Character: The role played by an actor as he or she
assumes another’s identity-physically, mentally and
emotionally.
 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 to
climax
 End - the problem is resolved
 Theme: The central thought or idea

10. Character Development
Activities 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 Plot
•Study television programs
•Analyze literature
•Pose 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 for
money. Personal injury, breach of
contract, malpractice. Also includes family law. No jail
or punishment.
 Criminal: “Prosecution.” Brought by the state against
a person. Involves fine and punishment.
Misdemeanor: a year or less in jail. Felony: jail or state
prison.
 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 Judge's 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 doesn’t have to say a thing
 If both sides evenly matched and you can’t tell who is
entitled to win, defendant entitled to verdict
 Civil case: “preponderance of the evidence.” More likely
than not. 9/12 jurors must agree
 Criminal case: “beyond a reasonable doubt.” “probably
guilty” not enough. 12/12 jurors must agree
 If jurors can’t 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 Majesty’s 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 Putnam’s 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 can’t explain it, Your Honor. I had nothing to do
with it, I swear!
 Judge: Isn’t it true Sarah Good that you have a witches’
mark on your neck?
 Sarah: Your Honor, I have had a small mole on my neck my
entire life. It is NOT a witches’ mark!

 Judge: Silence! I have heard enough. I find that you are
guilty of witchcraft and sentence you to be hanged in the
town 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 your
character react to circumstances?
 What is the physical appearance of your character?
 List personality traits, challenges, roles and
accomplishments of your character.

23. Types of Mock Trials
Readers 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 given
case) Beneficial for analysis, synthesis and evaluation
within the process of research about the rule of
law, creating opening and closing arguments, deliberating
over testimony. Check out the Five Freedoms Project:
http://www.fivefreedoms.org/network/ybtj_apr10

24.  Historical Mock Trials: Significant events, time in
history, ie: Salem Witch Trials.
Consider expanding the idea ~ opening and closing
arguments on a political issue, ie: religious
freedom, rights of women, Anne Hutchinson ~ put her
on trial
Language 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 to
support learning objectives;
 Learning activities must give students the opportunity to
use critical thinking skills!
 Call your local bar association or local court ~ ask about
outreach programs…lawyers and judges in the
classroom, classroom tours, mock trials, Law Day
 Check out resources offered on the website of the
Administrative Offices of the Courts:
http://courts.ca.gov/programs-lawrelated.htm

26. “ The trouble…is that we have taken our democracy
for granted; we have thought and acted as if our
forefathers had founded it once and for all. We
have forgotten that it has to be enacted anew in
every generation.”
John Dewey

27. Resources for Mock Trials
Administrative Offices of the Courts of California:
http://courts.ca.gov/programs-lawrelated.htm
Mini Mock Trial Manual
http://www.civicallyspeaking.org/mock3.pdf
Ninth District Circuit Court, Illinois: Teacher
Resources, Mock Trial Information
http://19thcircuitcourt.state.il.us/services/pages/mock_t
rials.aspx
 Constitutional Rights Foundation
www.crf-usa.org/mock-trial-program/