Trial by Jury  (Stimulating Class Discussion)

OVERVIEW

This technique utilizes a mock trial complete with witnesses,  prosecutors, defenders, friends of the court, and more. It is a good method to spark “controversy learning”- learning by effectively arguing a viewpoint and challenging the opposite view.

PROCEDURE

1.  Create an indictment that will help students see the different sides of an issue. Examples of  “crimes” for which someone or something might be tried are: a literary character or real person with moral failings; a controversial book; an unproven theory; a value that does not have merit; and a faulty process, law, or institution.

2.  Assign roles to students. Depending on the number of students, you could use all or some of these roles: defendant, defense attorney, defense witnesses, prosecuting attorney, prosecution witnesses, friends of the court, judge, jury member. Each role can be filled by one person or by a team. You could have any number in the jury.

3.  Allow time for students to prepare. This could be a few minutes up to an hour, depending on the complexity of the issue.

4.  Conduct the trial. Consider using these activities: opening arguments, case presented by the prosecutor and witnesses, friend of the court briefs, and closing arguments.

5.  Conduct the jury deliberations. These should be done publicly, so everyone can hear how the evidence is being weighed. Non-jury members can be given an assignment to listen for various aspects of the case.

VARIATIONS

1.  Extend the activity by staging a retrial.

2.  Eliminate a trial by jury and substitute a trial by judge only.