To Kill a Mockingbird and Courtroom Procedures III: The Mock Trial
By Courtney Lubs

Overview

This is the third lesson in a set of lessons designed to teach students about the process of a criminal trial. This lesson can take as many or as few days as you see fit, depending on the time you have available. By this time, students should be familiar with the trial in To Kill a Mockingbird, as well as courtroom procedures. Now, they will use this knowledge to construct a case of their own, from the charge to the handing down of the verdict..

Student Objectives

Students will:

  • Synthesize information from two previous lessons in order to conduct classroom courtroom
  • Gain a better understanding of the trial in To Kill a Mockingbird
  • Practice utilizing research sources
  • Demonstrate understanding of trial procedures
  • Role play a possible trial situation

Skills attained:

  • Use of research source(s)
  • Speech communication/presentation practice
  • Analytical/evaluation practice
  • Cooperative group work/collaboration experience

Materials Needed

Many materials specified for this lesson are optional; use as many as you see fit or have available. I have found that as much as your classroom looks like a courtroom, students will absorb the atmosphere and behave more professionally. Invite parents, administrators, and other students and teachers to authenticate audience.

  • Copies of To Kill a Mockingbird for all
  • Copies of trial handouts for each student
  • Roles, Evaluations and rubric handouts
  • Three tables: one for judge, one for each attorney
  • Chairs for all participants
  • Book on which to swear in (To Kill a Mockingbird seems fitting)
  • Pens, paper, other office supplies for note-taking and authenticity
  • VCR and TV, if you wish to tape mock trial(s)
  • Overhead projector, transparencies, markers
  • Member of class to serve in each courtroom position
  • Black robe for judge
  • Gavel
  • Laptop computer for court reporter (AlphaSmarts also work well)
  • Any other prop that makes trial seem authentic

The Lesson

Anticipatory Set

For the next three or more days (choose timing depending on class size and schedule), we will begin to organize ourselves so that we may conduct a mock trial. This means that all students must be assigned roles in the court (draw or assign duties, ask for volunteers, or other means that suit your classroom and teaching style) and prepare cases. Some students may need to assume more than one smaller responsibility (i.e. bailiff is also witness).

Procedures

  1. As a large group, brainstorm/recall questions students have had from the novel that they could argue in mock court. Effective examples include:

    Should Aunt Alexandra stay in Atticus's home?
    Should the jury have come to a guilty verdict?
    Did Boo Radley really stab someone in the leg with scissors?
    Should you kill a mockingbird? (This is advanced due to its abstraction)
    Should Tom have run from the "crime scene"?
    Should Calpurnia have taken Scout and Jem to church with her?

  2. After a brief session of brainstorming, have students vote on which they could most effectively argue. Remind them that there are two sides to each case, and that they will be using passages from the novel as their main source of evidence. Some students will also role-play characters from the novel and serve as witnesses. Following the case decision, students should assume roles (choose appropriate method) so that they can begin preparations. Make sure you have the following roles assigned:

    Prosecuting attorney
    Defending attorney
    Plaintiff (character role-play)
    Defendant (character role-play)
    Court reporter
    Judge
    Bailiff
    Jury members (may not be able to have 12)
    Audience members (may also serve as character role players)

  3. Hand out evaluation checklists so students know what is expected of them. Discuss briefly; answer any questions.

  4. Provide 3+ class periods for research and preparation. Students should have their copies of the novel on hand. They may choose to use the To Kill a Mockingbird Student Survival Guide for assistance, at: http://www.lausd.k12.ca.us/Belmont_HS/tkm. As they develop their cases for and against their question, they will need teacher assistance. Decide what is best for your class; I tell students to first brainstorm parts of the text that could help their case, and then form an outline of how they will argue it. They should try to have three main points and support for each. A review or brief lesson of the Keyhole Essay model may be useful to get students started.

  5. When students have completed their outline and collection of pertinent passages, the next step is to recruit witnesses. The plaintiff and defendant have already been assigned, but others need to be "trained." Students should use their interviewing skills to come up with questions to ask their witnesses when they take the stand. Remind students that whatever is presented or stated in the mock trial MUST follow with the logic of the novel, though interpretation is encouraged.

  6. If there is time, provide students with a day to practice with witnesses. If available, allow students to word process their cases and outlines so that they are neat and organized. Tell them to "dress for their parts" and be ready to present the following day. Answer any late questions.

  7. On trial day, first arrange the room to look like a courtroom. Place table serving as judge's bench in the front and center of the classroom, with a chair to the left for witnesses. Place twelve chairs on the side of the classroom for jury members. A chair or desk should be directly in front of the judge's bench for the court reporter. In front of the judge's bench, one on the right side and one on the left, tables should be placed for attorney teams. Behind attorneys' tables should be chairs for those attending/viewing the trial. Bailiff's chair should be off to one side. Provide students with a few minutes to prepare. Make sure students are aware of time constraints, that the bailiff will rest cases at the halfway point of the class if attorney has not already done so. Depending on your situation, you may arrange for extra time. Or, you may choose to have the plaintiff's case one day and the defendant's the next.

  8. Commence the mock trial; sit back and enjoy. Try not to interrupt, allowing students a real experience as much as possible. Videotape for future evaluation. Remind students to fill out evaluation for homework tomorrow.

  9. Following the mock trial, collect evaluations. Discuss what worked and what did not. If it has not already occurred, ask jury for verdict.

    Assessment

    Evaluation checklists provided below.

    Courtney Lubs is a teacher at Malcolm Price Laboratory School in Cedar Falls, Iowa.


    Evaluation Checklist for students:

    Checklist: ensure that you have completed all of the following that apply to you.

    • I know what my duty in the courtroom is and I understand how I will perform my duty
    • I understand the trial question
    • I have carefully considered my reading of To Kill a Mockingbird and know what passages will help my case
    • I have helped my team construct an outline of our case
    • I have helped my team prepare questions to ask our witnesses
    • I have helped my team to prepare our witnesses to answer questions
    • I have practiced with my team so that our presentation is professional and organized: I know what to do, when to do it, and how to behave when I do it
    • I have helped my team to prepare a list of possible rebuttal questions for when it is our turn to cross examine witnesses
    • I remembered to bring any props for which I am responsible
    • I will remember to complete my self evaluation for tomorrow

    Self Evaluation: Please respond to the following.

    • Describe the process your team went through to prepare for your mock trial.
    • What did your team do especially well? What could you improve if you were to do this again?
    • Did each member of the team contribute equally and with vigor to your presentation? Explain.
    • Explain your own participation in this project. What did you do that helped your team?
    • In your opinion, why did the jury reach the decision it did?
    • How did this activity enhance your understanding of To Kill a Mockingbird and criminal trials?
    • Any other comments?

    Teacher Evaluation Rubric:

    ___ points: Student understood trial role and performed in an authentic manner
    ___ points: Student demonstrated comprehension of trial question, using appropriate and effective passages for support/refutation
    ___ points: Student's work in group was equal and vigorous
    ___ points: Self evaluation completed and submitted on time
    ___ points: Other

    Assign points and other measures as you deem necessary.

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