The crack of a gavel. The murmur of a roomful of spectators. Jurors sit at attention as the trial begins. The jury is composed primarily of eighth graders—and so, for that matter, are the teams for the prosecution and defense. The Honorable Kevan J. Cunningham, First Justice, Taunton District Court, begins the proceedings.
One man’s fate is in their hands.
That man is Tom Robinson, the fictional character from Harper Lee’s
To Kill a Mockingbird. The jurors, attorneys, assistants, and bailiffs are all members of Corie Fogg’s eighth grade honors English class. They’re participating in a “dynamic assessment”—a mock trial—to culminate their reading of the novel and to experience firsthand the strengths and challenges of the American legal system.
“The impetus behind this project was to expand the students’ study of the novel and enrich their reading experience,” Corie explains. “I also wanted students to participate in an activity that would help them consider issues of social justice, engaged citizenship, and the realm of human responsibility.”
Preparations for the mock trial were months in the making. Students were first divided into teams of public defense attorneys, state prosecutors, jurors, and assistants and bailiffs, and then they took time to learn about each individual’s role in the courtroom.
The eighth graders welcomed experts to the classroom to share their experience and knowledge about the law. Tom McKean, chair of Fay’s Board of Trustees, spoke with the group about his work as a prosecuting attorney, public defender, and bar advocate. Students also welcomed the Honorable Kevan J. Cunningham, presiding judge of the Taunton District Court, who discussed how teams of attorneys should prepare for the trial, the finer points of reasonable doubt, and the complexities of a fair trial. Eager and earnest, students peppered both guests with questions.
As the trial date approached, the teams created subpoenas for witnesses and jury duty forms for faculty jurors. They prepared arguments and evidence, wrote cross-examination questions, and practiced closing statements.
Trial day was Friday, May 18. The Upjohn Building was transformed into the Maycomb County Courthouse, with Judge Cunningham presiding. To enhance the authenticity of the trial, Corie called upon faculty members and students to act as witnesses. Several characters from the novel gave their testimonies, including Mayella Ewell (played by faculty member Katie Long), Bob Ewell (faculty member Will Reid) and Tom Robinson (faculty member Dan Roy), with their evidence based in the context clues provided by the novel.
While the goal of the project was to achieve a nearly exact replica of a real court case, there was one major difference: the jury, composed of students and faculty members, deliberated in public, so their questions, concerns, and considerations could be heard by the attorneys, the judge, and the spectators. “This was one of the most eye-opening parts of the trial process,” Corie says, “as we learned the impact of the evidence and testimony on the jurors’ decisions. Even Judge Cunningham noted that he had never heard a jury deliberate before.”
The verdict? Interestingly, it was a hung jury—primarily, Corie notes, as a result of the students’ and teachers’ insightful observations about history, bias, sexism, and cultural difference.
“The group had a very serious, deliberate, and wide-ranging discussion about the notions of justice and fairness,” Corie says. “John Beloff ’85 (a faculty member who served on the jury) helped the other jurors to focus on the ideas of reasonable doubt and proof. It was a wonderful conversation to observe.”
Corie says that the mock trial exceeded her expectations for helping her students achieve a genuine view of the legal system, noting that students appeared to be most struck by just how challenging it is for anyone to receive a fair trial, given how personal experience and bias inform every individual’s decisions and actions.
“I felt lucky as a teacher to have such a thoughtful and committed group of students,” she adds. “This class amazed me as they prepared for the trial with such thorough attention to detail; they memorized compelling arguments and learned how to stand on their feet and present cogent ideas with clarity; and they engaged one another in moral and intellectual discussions about justice, biases, and human nature. I’m hopeful that they came away with a more thorough understanding of the rights and responsibilities of citizens in a just society.”