Using Short Stories and Novels to Create a Mock Trial

LEARNING GOAL We will be able to create a mock trial based on a piece of literature in order to help our students strengthen their reading, writing, speaking, and critical thinking skills.

WHY A MOCK TRIAL?

  RL 1 RI 8  W 1 Write arguments to support claims with clear reasons and relevant evidence.

 W 8  W 9 Gather relevant information from multiple print and digital sources, using search terms effectively; assess the credibility and accuracy of each source; and quote or paraphrase the data and conclusions of others while avoiding plagiarism and following a standard format for citation.

Draw evidence from literary or information texts to support analysis, reflection, and research.  SL 3 Cite the textual evidence that most strongly supports an analysis of what the text says.

Delineate and evaluate the argument and specific claims in a text, assessing whether the reasoning is sound and the evidence is relevant and sufficient; recognize when irrelevant evidence is introduced.

Delineate a speaker’s argument and specific claims, evaluating the soundness of the reasoning and relevance and sufficiency of the evidence and identifying when irrelevant evidence is introduced.

 SL 4 Present claims and findings, emphasizing salient points in a focused, coherent manner with relevant evidence, sound valid reasoning, and well-chosen details; use appropriate eye contact, adequate volume, and clear pronunciation.

 L 3 Use knowledge of language and its conventions when writing, speaking, reading, or listening.

BUT I DON’T HAVE TIME FOR THIS!! (YES, YOU DO!)

 Standards-based  Variety of texts  Analyze textual evidence  Strengthens critical thinking skills  Reading practice with a purpose  Real-world experience  Kids LOVE it!!!

STEP 1: PROVIDE STUDENTS WITH BACKGROUND KNOWLEDGE OF COURTROOM PROCEDURES  Scripted trails http://www.classbrain.com/artteensm/uploads/humpty.pdf

 Courtroom Vocabulary – Appendix A  Attorneys in your community  Argument and counter-argument  Prior knowledge of persuasive writing

STEP 2: SELECT A TEXT

Select a fictional text that has a crime in it, solved or unsolved. You can use short stories or novels. Detective stories work well.

Some options might include: * “The Tell-Tale Heart” or “The Purloined Letter”- Edgar Allan Poe * “Silver Blaze”-Sir Arthur Conan Doyle * “The Tenth Clew”-Dashiell Hammett * Flush, Hoot, Chomp, Scat -Carl Hiaasen Assignment # 1:With a partner(s), brainstorm possible short stories or novels that might work well.

STEP 3: PROVIDE A CLOSE READING OF THE TEXT

Assignment #2: Read and annotate “A Tell Tale Heart.” This is the written confession of the accused.

Guiding Task #1: The narrator of this story is insane. He had a mental infirmity and, because of this condition, he did not know what he was doing or its consequences. Find the evidence!

Guiding Task #2: The narrator of this story is not insane. He commits his crime with complete knowledge of the immorality of his actions. Find the evidence!

STEP 4: WRITE OPENING STATEMENTS

    Divide the class into pairs.

Introduce the statute-Appendix B Compare annotations and evidence.

Write an opening statement.-Appendix C Assignment #3: With your partner, complete the Opening Statement Handout2/Plan for Writing. Make sure your statement has a theme. Remember, it should focus around the insanity plea that the accused is making.

STEP 5: CREATE LEGAL TEAMS

 Step 1: Create teams of four. Teams vote on the best statement.

 Step 2: Whole team votes on the best opening statement.

 Step 3: Select team leaders.

STEP 6: PREPARE FOR TRIAL

 Assign roles.

 Actors create witness statements.  Attorneys work with actors, write questions, and coach witnesses.  Teachers help students frame their stories. Assignment #4: With your partner, use the information in Appendix D to write direct and cross examination questions for a witness on your side.

STEP 7: CONDUCT THE TRIAL

 Find a judge.

 Invite family and friends.

 Allow at least four hours for the trial and some time for reflection after the trial.

 Make sure students have a written copy of the order of witnesses and have practiced it.  Ask your resource officer to be the bailiff.  If more than one class is doing this trial, ask students from another class to serve on the jury. If you are unable to do that, ask parents and other staff to serve.  Students should listen to the deliberation process.  Take it a step further and have students research and vote on a possible sentence if the accused is convicted.

STEP 8: WRITING CLOSING STATEMENTS

 Optional  Provide time prior to deliberation or complete in advance.

 Allows for review.