The Mock Trial

Abstract

The Mock Trial is an experiential exercise adapted from a law school process that encourages students to think critically about theories, topics, and the practice of management in an innovative classroom experience. Playing the role of attorneys and witnesses, learners ask questions and challenge assumptions by playing roles in a trial with testimony and cross-examination. Once a theory or topic has been chosen to be “put on trial,” one team of petitioners (challengers) and their witnesses make arguments to a jury. Another team acts as the respondents (defenders) for the opposing side and presents their case in a mock courtroom setting. The jury renders a verdict using a fishbowl format for their deliberations. Then feedback and classroom debriefing, which immediately follow the trial, and later reflection papers help solidify the learning experience. All materials required to create, run, and assess a Mock Trial are provided in this article.

Enhancing Student Learning By Using Mock Trials in Criminal Justice Courses

“…In addition, mock trials-as examples of active-learning-are said to have such benefits as supporting higher order learning by moving beyond rote memorization to comprehension and application, invoking higher order cognition through analysis of components, sharpening analytical and critical thinking skills, and identifying ways to resolve a multifaceted problem (Farmer et al, 2013;Kravetz, 2001;Shepelak, 1996).…”

“…Examples include courses in political science (Weiden, 2009), business law (McDevitt, 2009), international law (Ambrosio, 2006), family law (Miller, Linville, Todahl, & Metcalfe, 2009), management (Farmer et al, 2013), paralegal education (Houser, 1993), and counselor training (Colby & Long, 1994). Interestingly, and rather inexplicably, the use of mock trials in criminal justice courses is rare-or at least is not comprehensively documented in the literature.…”

“…This helps learners integrate theory and practice and also encourages independent learning as the student takes responsibility for such things as deciding what information is pertinent to solving the problem and by presenting findings in a coherent and logically consistent manner (Ambrosio, 2006). Cooperative learning reflects a commitment to active participation by encouraging learners to communicate with each other in the pursuit of a deeper, more nuanced appreciation of a subject (Farmer et al, 2013). Spader (2002) distinguishes two mock trial models for justice education: the Law School Model (wherein a single case and one mock trial provide for active learning throughout the term) and the Liberal Education Model (which focuses on understanding the judicial system).…”

“…Active learning in general invokes higher order cognition by encouraging students to analyze components, synthesize those parts to form a new structure, and to evaluate the results using complex criteria (Farmer et al, 2013). The mock trial experience has been identified as supporting higher order learning by moving beyond rote memorization to comprehension and application (Shepelak, 1996).…”

“…Mock trials evoke two aspects of active learning: problem-based learning and team-based or cooperative learning (Farmer, Meisel, Seltzer, & Kane, 2013). In problem-based learning, a problem is posed and students discover that they need to acquire knowledge before they can solve the problem.…”