Mock Trials in the Classroom Ruth Kagan Glebe Collegiate Institute Ottawa, Ontario

Why a Mock Trial ? To provide an opportunity for students to learn the Canadian justice system in an interactive manner To enable students to meet with lawyers To practice court advocacy skills To enhance knowledge of court room procedure To enjoy learning about trials

Where do you find resources? OJEN (Ontario Justice Education Network) has many mock trial scenarios in various types of contexts ready for the classroom VHEC (Vancouver Holocaust Education Centre) has a mock trial on the Nuremberg Trials particularly the Julius Streicher case de_full.pdf

How to perform a Mock Trial? Two essential resources are on the OJEN website ( 1.A publication called: Making the case: A toolkit for Mock Trials 2.A video entitled: Mock Trial demonstration video

Engage the students ! The students have to take the initiative to choose their roles and learn their parts Lawyers can be brought into the classroom to give tips on how to improve Teachers can set up the classroom as a courtroom Students not participating can be members of a jury or just give feedback on what they liked

Tips for the Mock Trial Collaborate as a team to ensure that the lawyer’s introductions, the lawyer’s questions, the witness’ answers and the legal reasoning for the judge’s decision are all cohesive Undisputed facts about the situation can be in the introduction without having to prove them Main arguments must be proven through witness testimony and/or evidence put before the court.

Adversarial System The Common Law system is an adversarial system but it is not a competition Rules of Professional Conduct dictate that the lawyers address the opposing side as “My friend” and the judge as “Your honour” The lawyers may have a list of questions, which they can check off as they go along – but the lawyer’s should know their questions and the order in which to ask them It is possible to have notes during the trial The judge can have jot notes to refer to, but must know the legal reasoning behind the decision and address the court in explaining them

How to mark? It is necessary to create a Mock Trial Rubric When choosing a Mock Trial, it is necessary to take into consideration the Ontario Law Curriculum There are Mock Trial competitions at through the Canadian Bar Association and through OJEN

Creating a Mock Trial Rubric Take into Consideration the following roles: Lawyer for the Prosecution Lawyer for the Defense Witnesses Judge

Lawyer for the Prosecution 1. Opening statement/closing statement 2. Conduct direct and cross-examination of expert witnesses (if have any) to establish the top arguments for their side 3. Make at least 5 points or arguments for the case 4. Speak loudly and clearly with confidence without reading script

Lawyer for the Defense: 1.Opening statement/Closing Statement 2. Conduct direct and cross-examination of expert witnesses (if have any) to establish the top arguments for their side 3.Make at least 5 points or arguments for the case 4. Speak loudly and clearly with confidence without reading script

Expert Witness 1. Represent an expert who has published views on the topic 2.Answer all of the lawyers questions loudly and clearly with confidence 3. Answer all of the questions on cross- examination loudly and clearly with confidence 4. Make at least 5 points for the case without reading script

Witness 1. Someone who has firsthand knowledge of the situation 2. Answer all questions clearly with confidence 3. Answer all cross-examination questions clearly with confidence 4. Make at least 5 points without reading the script

Judge 1. Oversee the court procedures in an orderly manner 2. Make a ruling on any objections raised (if necessary 3. Reiterate material facts of the case and the issue while speaking loudly 4. Provide 5 comprehensive legal reasons mentioned in the trial as a basis for decision speaking loudly with confidence

Remember this is collaborative learning Mock Trials are collaborative learning at its best Students learn about questioning techniques (open-ended, closed-ended questions) Students realize the importance of choosing their main points Students improve their critical thinking skills