361: Amplify Argument Engagement with a Mock Trial

This week I want to share a project idea that you can use for a ton of different texts - the mock trial. I’ll tell you why the mock trial was one of my FAVORITE projects as a student, and one fun way I used it as a teacher. By the time you finish listening to this quick episode, I hope you’ll be excited to put a mock trial into play in your own classroom. 

My senior year of high school, my AP Lit teacher thought of a wonderful way to spice up our Madame Bovary unit. She had us re-enact Gustave Flaubert’s obscenity trial. Did you know he stood trial for offending public morals with his novel? Yep. Anyway, we all took on different roles - Flaubert himself, and the lawyers and witnesses - and started meeting in class to plan our arguments, our questions, and our opening and closing statements. As Flaubert’s defense lawyer, I thought it would be helpful to have the transcripts of the original trial, so after school I headed for the local University Library to check out the transcript, which I used to create my seven page single spaced opening statement for Flaubert. It was so much fun pulling those transcripts out in class the next day. Needless to say, Flaubert was declared innocent by the trial’s end, and the project has always stuck with me as one of my favorites from school.

Years later, I decided to put my own spin on it with my 10th graders in Bulgaria as we studied The Crucible. We put the judges, Hawthorne and Danforth, on trial for letting it all happen. Students took the roles of defense and prosecution lawyers, characters in the play who could be called to the stand, and jury members. Everyone had specific tasks to help them prepare, and each witness worked on either the defense or prosecution’s team in building a case. The lawyers wrote opening statements and worked to come up with strong questions for each witness. Witnesses worked with their lawyers on their answers to the questions they would know, possible questions the other team might ask, and how they would respond, and reviewed their characters’ actions and dialogue in the play. Jury members came up with argument ideas for both sides, as well as evidence to support them, so they’d have a clear picture of the text going into the trial. I was the judge, so I could run the order of the day and keep things moving on schedule. While I felt the judges were to blame for allowing the court to abandon real justice, I believe in the end the jury found Hawthorne and Danforth innocent, after a highly engaging day of official process. 

I bet there’s a mock trial spin waiting to happen for at least one of your class texts…

In Romeo and Juliet, you might put the priest on trial for Romeo and Juliet’s deaths. In The Great Gatsby, you might put Daisy on trial for Myrtle’s death. But it doesn’t always have to be about an actual crime. You might let Frankenstein’s monster sue him for not creating a mate for him, and decide whether or not to award damages. You could try the insurance case of Willy Loman from Death of a Salesman. 

While a mock trial isn’t right for every book, it’s a great way to create engagement and buy-in around building skills with argument, evidence, and analysis while also practicing public speaking. It doesn’t hurt that law if a popular career many students may be considering. That’s why this week, I want to highly recommend you give a mock trial project a try the next time you’ve got a project-shaped hole in a whole class novel unit. 

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