Due Process

Today you will begin a courtroom simulation.  Doing so will help you to understand jury trials and due process of law.  You will need a partner for the activity- and one computer.  Click on the title of today's blog to begin the simulation.

Before you begin, read the information below:

Register: Players register individually or in teams as counsel representing either the plaintiff (bicyclist) or the defendant (driver).

Opening Statements: Following registration, the attorneys select evidence for their opening statements. Players receive feedback and earn points by selecting items from their notes that will contribute to an effective case.

Scoring: As the trial proceeds, students will continue to receive points for making good decisions on behalf of their client. The point totals for each side are displayed on screen throughout the game. These scores reflect the proficiency of the attorneys, not the merits of their respective cases.
Questioning: After opening statements, two witnesses for the plaintiff (the bicyclist and the police officer) and two for the defendant (the driver and the eyewitness) are questioned. Players select the questions they will ask. If players are uncertain of which question to ask, they may review the case file before deciding. The case file contains summaries of the witness’ depositions as well as a diagram of the accident, a police report, and a tip sheet titled “When Do I Object?”

Objections: A player may object to an attorney’s question or a witness’ answer by clicking the objection button. Players may then replay the last question, check the case file, or choose what rule of evidence is at issue (relevance, speculation, or hearsay). The judge rules on all objections. If the objection is sustained, or accepted, the player earns points. If it is overruled, or rejected, the player loses points.

Closing Arguments: Once all four witnesses have testified, the judge instructs the jury on how to apply the law in the case. The trial then ends with closing arguments. Players choose what to emphasize in their closing statements. Each closing argument will only mention items that were introduced as evidence during the trial. Hence, the players who introduced stronger evidence in support of their case will have stronger closing arguments and will earn more points.

Jury Deliberation: Following closing arguments, the jury deliberates the following questions:

•To what degree, if any, did the defendant cause the plaintiff to suffer damages in the accident?

•Depending on the defendant’s responsibility, how much should he pay the plaintiff? (This amount is calculated by multiplying the defendant’s percentage responsibility by the amount of damages suffered by the plaintiff.

The Verdict: Finally, the jury returns its verdict, which is based on how an average jury would be likely to respond to the evidence presented.

Juror Interviews: After the verdict is delivered,  interview three of the jurors for feedback on the trial. The jurors’ responses will depend upon the evidence presented during the trial.