Nanna was in town for Isaac’s winter break (thanks Nanna!) and the last day she was here she and Isaac had plans to go out to Amherst to visit the dinosaur museum.  Through a series of events, Isaac ended up convincing Nanna to take both he and Ethan.  Then while there, Ethan got a bit bored with dinos and found a window that opened up on to a construction site.  He sat there and watched for a good chunk of time (which is, of course, age dependent).  None of this seems particularly odd, except for this point—the night before, during family hug Ethan told Bianca, Nanna, Isaac and I that he was going to a construction site the next day.  We just assumed it was more wishful thinking than actual prediction.  But through a series of improbable events, Ethan’s little prognostication came true.

Paired with this feat of prediction is Isaac’s feat of memory.  As we were riding to karate this morning Isaac asked me if I had ever broken the law.  I told him the truth: everyone has broken the law at some point.  He seemed stunned, then I explained—everyone has sped, parked illegally or violated one of the billions of stupid laws out there like the one that requires not one but two functional lamps on a license plate or the law that bans items hanging from the rearview mirror.  He then asked me what is the dumbest law.  I told him that there are still laws on the books, all of which cannot be enforced, that ban black and white people from marrying each other.  Then he asked me who made those laws and I again told him the truth—racist people, mostly racist men.  Then he said “those people sound like a-holes.”  After this came a close interrogation about where he heard that word.  I was certain I said it, but then he told me he heard Bianca say “a-hole.”  He had perfect recall and it was only because of that that I was able to remember the exact (and only) moment when Bianca slipped up with language.

Kids are amazing.  Their ability to predict the future and recall the past shames us adults.

This morning is the morning of Great Wolf Lodge.  The boys have cranked it up to 11 and then broke the scale.  Ethan and Isaac were playing in Isaac’s bed and then Mom gave us the warning for karate. Isaac took off like a bolt and went downstairs.  Ethan, however, refused.  After about ten minutes, I told him that I had to go downstairs and that I was leaving him in Isaac’s room.  I walked out, switched off the light, and started towards the stairs.

Instead of his protest cry, I heard a genuine sad cry and I sprinted back into Isaac’s room.  I picked up the Beeth and cradled him as he rested his sad head on my shoulder.  As we walked downstairs, he stopped sobbing, but said in the saddest voice I have ever heard him use: “I still wanna go to Great Wolf Lodge.  Please don’t leave me here while all of you go without me.”

I then reassured him that there was no way we would go to Great Wolf Lodge without him.  He asked me if we had ever gone without him and I told him that we had, but only before he was born.  I told him that from now on, if we go, he goes.

Such rules, apparently, do not apply to Las Vegas.

At parent teacher conferences, when Isaac’s second grade teacher learned I was a lawyer, the orgin of all of Isaac’s behavior became clear.  By way of apology, I offered to come in and teach the class about government whenever she wanted.  Two weeks ago, she sent home a note and we worked out the logistics.  This past Thursday, I came in and we did a mock trial, albeit scaled to second graders.  Here was the fact pattern:

There will be three groups of kids: the prosecution team, the defense team, and the jury.  Carter will be the person who lost his lunch box.  Isaac will be the person accused of stealing the lunch box.  I will be the judge.  After reviewing the fact pattern the defense team will make their argument, then prosecution will make theirs and then the jury will decide.  

Facts

Carter brought his lunch box to school.  On the day the lunch box went missing, it was outdoor recess.  All of the lunch boxes were in the cafeteria.  Carter placed his lunch box in a pile with the other second grade lunch boxes and then went outside.  When he came back in it was missing.

Carter asked about what happened and Savannah said that when she went back inside she saw Isaac pick up Carter’s lunch box.  Maddox also talked to Carter.  He said he saw Isaac after Savannah came back outside and Isaac did not have Carter’s lunch box.  

The jury has to decide: Did Isaac steal the lunch box?  

Some Legal Points:

Theft: taking something that belongs to someone else without their permission.

Burden:  The prosecutor has to prove their case.  If they don’t or if it is a tie, the defendant wins automatically.

How Sure: To find Isaac guilty you must be completely certain he did it.  

The kids were really excited.  I divided them up in to the prosecution, the defense, witnesses, and the jury.  I gave each side time to talk to the witnesses and I listened in and helped guide them with arguments while they prepped.  Isaac gathered his time and gave them tips about why he was not guilty.  The jury asked questions about procedure and voting, just like a real jury.  They also asked about how to figure out who is telling the truth with two people tell different stories, just like a real jury.  

After some nervous moments of prep, the two sides made their arguments to the jury, with each prosecutor and each defense lawyer taking a turn.  In the end, the jury deliberated and there were 5 guilties and 2 not guilties.  When I asked the class what would happen in real life, they all told me that Isaac would be guilty.  I then told them that many states, including Massachusetts and New Hampshire, require unanimous verdicts.  Given that Isaac was not guilty.  They were all surprised and riveted.  Isaac then said to the class: “I would like to thank my defense team.”  

All of the kids were amazing and they really got it into.  After the mock trial they asked me questions about criminal cases for a half an hour or so.  Many of the questions were the same questions that adults ask when they find out I am a lawyer—how do you defend someone who did something bad, how do you defend someone who you know is guilty, and what if they don’t have any evidence—they even asked questions about DNA, which is stunning.  60 years ago cutting edge science just learned about DNA.  Now second graders ask about it and how it is used in a criminal case.  

I prepared for a while and I was very nervous, as nervous as I was arguing in federal court for the first time.  Coincidentally, the second graders and the federal judge both peppered me with questions.  It was also fun to see Isaac.  He was in seventh heaven.  At the end, all of the kids, spontaenously swarmed me, giving me hugs.  I asked Mrs. Doiron if this was normal and she said it was.  

It was a very good day.