Criminal Law: Issues of free expression, intergroup conflict, and arson
Conflict between a group of townspeople and a newcomer religious group provides the background for this case involving incitement and arson charges. In an optional pretrial motion based on the First and Fourteenth Amendments, students can argue whether the Constitution protects the controversial performance of a song at a rally or restricts it as a clear and present danger to the community. The trial deals with the other key issues of the case.
Mock trials developed by the Constitutional Rights Foundation include the facts of a hypothetical case, witness statements, relevant legal authorities, complete trial instructions, and procedural guidelines. Each also contains an optional pretrial motion designed to help students gain a deeper understanding of constitutional issues related to the criminal trial process.
Mock trials at this grade level are not scripts, but rather give a set of facts and allow witnesses and lawyers to create testimony and questioning consistent with the facts. They typically have about eight speaking parts. They can usually be presented in one class period or adapted to be presented in that period, but most could take more time if it were available. These mock trials are suggested for use with students in grades 7-12.
