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ABA Law Day: Sample Programs: Creating Mock Trials




 
Sample Programs

Having Students Write Their Own Mock Trial Scripts

Many times, mock trial scripts are written by students based on actual transcripts of a historic trial. Such was the case for students at schools located on base at Fort Stewart, Georgia, who performed a mock trial of Henry Wirz, a Confederate officer in charge of nearby Andersonville POW camp.

“Of all our Law Day activities, the mock trials by the students really were the best,” says Captain Louis Birdsong, Law Day Coordinator for the Third Infantry Division Office of the Staff Judge Advocate. “The attorneys and paralegals spent four or five weeks preparing students for the case, but they were mentors only. The students had to conduct their own interviews and draft their own arguments.”

At the same time, Captain Birdsong was conducting general classes on the legal profession to guide the students. All the preparation work paid off on the day for each trial, as the young student lawyers filed in wearing suits and serious faces.

“The attorneys sat with the students, either at the defense table or the prosecutor’s table, but only the students spoke,” according to Captain Birdsong. “It was really pretty amazing to see them put it all together.”

There were five students on each litigation team, each with their own individual role to play.

“Many people—especially children—have a distorted understanding of the legal profession,” says Captain Birdsong. “Law Day is the best opportunity I know to bridge the gap between what is true and what is not.”

Another example of a mock trial based on a historical case is the one performed by Fishers Island students based on British soldiers involved in the Boston Massacre. The event was so successful, that Fishers Island history teacher Charles Stepanek is already planning a 2001 Law Day mock trial.

“While doing some research, I came across the Trial of Nat Turner 'Jackdaw' that we have in our library,” Stepanek says. He adds that Jackdaws are packets of primary source document facsimiles with accompanying teacher’s guides on how to conduct a trial. Each packet contains pre-trial preparations, court procedures and rules, format for attorney briefs, and witness testimony. Available for approximately $38 each, Jackdaw packets can be ordered through Golden Owl Publishing Company, PO Box 503, Amawalk, New York 10501, phone: (914) 962-6911.

“We’re also looking at the Amistad Trial because of its local interest,” explains Stepanek. The replica of the Amistad vessel was just complete in nearby Mystic, Connecticut. Mock trial data is available at <http://amistad.mysticseaport.org/teaching/curriculum/welcome.html>.

Third Infantry Division Law Day 2000
Fishers Island Law Day 2000


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