Grade 8 Students Argue First Amendment Rights in Mock Trial Exercise

Court was in session in Classroom 32 of the Whitson Building as eighth-grade students entered as prosecutors, attorneys, witnesses, and jury members with history teacher Bud Kohler presiding as the judge in a mock trial exercise that examined the limits of the First Amendment.

The mock trial focused on the fictional case of Fabulous Furs, a high-end store that specializes in fur coats, and its owner Eli Koats. The store is popular among customers; however, a new resident, Anna Mulright, has staged a protest outside the establishment as she is a strong supporter of PEPA, People for the Protection of Animals. Anna and some of her followers decided to link arms together to form a human chain across the storefront. Other protestors started chants and a red substance was found splashed on the sidewalk. With the protest, Mr. Koats argued that he had lost business sales and filed a complaint, and Ms. Mulright had been arrested for causing a public disturbance.

In a back-and-forth procedure taking place over a three-day period, the students argued the key issue of whether the protestors violated the loitering and property damage ordinance. Other sub-issues argued were whether Anna is responsible for the action of other protestors as the organizer, did the protestors block entrances and disturb the neighbors, and are the witnesses credible? Mr. Kohler reminded the students to remain objective in evaluating the proceedings and questioning of the witnesses as part of the assessment was to explain why the prosecution or defense did a better job questioning the witnesses.

As each side was questioning the witnesses and presenting their findings, Mr. Kohler had a surprise waiting. In a twist, additional information was provided to the witnesses that did not appear in the initial police report, which would ultimately change the outcome if uncovered. According to Mr. Kohler, the additional information was to challenge students to develop and present more direct and effective questions.

To prepare for the trial, each student was assigned a specific role and instructed to complete a question prep sheet to streamline their thoughts and understanding of their role and the trial at large.  As part of the primary work for trial witnesses and the accused, students were asked to respond to questions regarding how the protest affected them and how the prosecution and defense might use their statements.