Brief abstracts of conference sessions will be listed here once the final program has been confirmed.
Title: Inspiration and Diversification in Mock Trial Training: Using an ‘Instant’ or ‘Pop-up’ Mock Trial in Justice Education
Lead Presenter: McQuoid-Mason, David
Session Abstract: THE ‘INSTANT’ CELL-PHONE THEFT TRIAL Facilitators: David McQuoid-Mason (South Africa) [See the newly launched book entitled Street Law and public legal education: A collection of best practices from around the world in honour of Ed O’Brien (2019) for an instant murder trial] 1. Instant mock trials are used in criminal law cases and only require one hour for preparation and presentation. 2. They are based on immediate role-plays in which some students participate and others observe. 3. The evidence that emerges from the role-play is then presented in the mock trial that follows shortly afterwards. 4. The role-play usually involves at least one witness on each side and the accused. 5. The instant mock trial is best used with participants who have some understanding of criminal law, criminal procedure, evidence and how the court works. The introduction to the ‘instant’ mock trial consists of the following steps in the Stolen Cell Phone case: Step 1: Introduce the lesson outcomes (2 minutes): At the end of the mock trial students will be able to: 1. Define a mock trial and describe the different kinds of mock trials. 2. Explain the steps in an investigation which take place before a trial is conducted. 3. List the steps in a mock trial. 4. Describe what the prosecution and defence must prove in a mock trial. 5. Explain the roles of judges, lawyers, prosecutors, court officials and witnesses in a mock trial. 6. Describe how lawyers and prosecutors prepare questions and arguments in a mock trial. 7. Explain how judges reach their judgments in a mock trial. 8. Ask questions and make arguments on both sides of the case. 9. Ask questions as judges. Step 2: Brief participants on their roles for the stolen cell-phone scene: : 1. The role-players are a thief, a store detective and a cashier – who should be briefed before the class begins. [The thief should be told to secretly steal a cell-phone and hide it on their person; the store-detective should be told to arrest the thief just before s/he approaches the cashier; the cashier should be sitting at a desk or small table near the exit to the shop; the thief should allow him- or herself to be arrested, and not run away – the thief should say that s/he always intended to pay for the cell-phone when s/he reached the cashier]. 2. Members of the class should be asked to bring their cell-phones to the front of the class and place them on desks or tables to represent a cell-phone shop. 3. The class are told to carefully observe what happens during the role-play because some of them may be called as witnesses. Step 3: Conduct the role-play (5 minutes): 1. The role-play for the instant mock trial can be conducted either in the presence of all the participants, or after those who will play the roles of judges, prosecutors and defence lawyers have left the room. 2. The former makes it easier to run the mock trial and is closer to the inquisitorial model where the parties, including the court, have extensive access to witnesses’ statements. 3. The latter is closer to the adversarial approach where accessibility to witnesses’ statements is more limited. Step 4: Ask the class who saw what happened and if anyone saw the thief steal the cell-phone – those that saw the theft will become the witnesses (3 minutes). Step 5: Introduce the law concerning theft and what must be proved by the prosecution and defence (5 minutes). [Definition of theft: ‘The dishonest or taking of another’s property with the intention of permanently depriving the other of it’]. Step 5: Explain the steps in the mock trial (5 minutes). Step 6: Ask the witnesses who would like to give evidence to support the prosecution and who would like to give evidence to support the accused (2 minutes): [Choose not more than one other witness for the prosecution - apart from the store-detective and the cashier - and not more than two other witnesses to support the accused]. Step 7: Ask for three volunteers to be judges (3 minutes): 1. The presiding judge to control the proceedings. 2. One judge to ask questions. 3. One judge to give a judgment. Step 7: Divide the class in half – one half for the prosecution, the other for the defence. Ask for volunteers or appoint one person to lead the Prosecution Team, and one to lead the Defence Team – each of whom will be responsible to choose their team with the assistance of the facilitators (3 minutes). Step 8: The Team leaders should arrange the following roles (10 minutes): 1. If there are going to be one witness for the prosecution, plus the store detective and the cashier, and one witness and the accused for the defence: 2. Allocate roles to eight prosecutors: 2.1 One prosecutor to draft and read the charge. 2.2 One prosecutor to make an opening statement. 2.3 One prosecutor to lead direct evidence from the store detective. 2.4 One prosecutor to lead direct evidence from the cashier. 2.5 One prosecutor to lead direct evidence from the witness for the prosecution. 2.6 One prosecutor to cross-examine the accused. 2.7 One prosecutor to cross-examine the defence witness. 2.8 One prosecutor to make a closing argument. 3. Allocate roles to seven defence lawyers: 3.1 One defence lawyer to make an opening statement. 3.2 One defence lawyer to cross-examine the store detective. 3.3 One defence lawyer to cross-examine the cashier. 3.4 One defence lawyer to cross-examine the prosecution witness. 3.5 One defence lawyer to lead evidence from the accused. 3.6 One defence lawyer to lead evidence from the witness for the defence. 3.7 One defence lawyer to make a closing argument. [For each additional witness an additional prosecutor and defence lawyer should be appointed]. [In an inquisitorial mock trial an additional judge should be appointed for each extra witness]. Step 9: Ask for volunteers to play the roles of court orderly and timekeeper (2 minutes): 9.1 The court orderly must call the courtroom to order and swear in the witnesses. [‘Silence in court. All rise!’] [‘Do you have any objection to taking the oath? If not, say after me “I swear to tell the truth and nothing but the truth – so help me God!”] [‘If you do, say after me “I affirm that I will speak the truth and nothing but the truth”. 9.2 The time keeper keeps the time and indicates it on a card to the court, the prosecution and the defence: 9.2.1 Putting the charge and plea (1 minute). 9.2.2 Opening statements (1 minute each = 2 minutes). 9.2.3 Leading direct evidence (3 minutes for store detective, cashier, witness for prosecution, the accused and witness for the defence = 12 minutes). 9.2.4 Cross-examination (2 minutes each of accused, witness for defence, store detective, cashier and witness for the prosecution = 10 minutes). 9.2.5 Closing statements (2 minutes each = 4 minutes). 9.2.6 Judgment (5 minutes) Step 10: Prepare for the mock trial (20 minutes) Step 11: Conduct the mock trial (30 minutes): 1. The mock trial should be conducted using the steps mentioned in the general section. 2. The participants should be advised that the same time constraints apply to the instant mock trial as in the Street law mock trial. Step 9: Debrief the mock trial (5 minutes): Did the participants agree with the verdict? What was the strongest argument for the prosecution? What was the strongest argument for the defence? What were the roles of the prosecutors, defence lawyers and judges? Did the participants enjoy the role they played? Why or why not? Was it easy to be a judge in this case? Etc. [GAJE 2019 INDONESIA INSTANT MOCK TRIAL PRESENTATION]
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