Second Grade Mock Trial

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.