The Spark Creativity Teacher Podcast | ELA

361: Amplify Argument Engagement with a Mock Trial

Jan 16, 2025

Dive into the engaging world of mock trials as a dynamic classroom tool! Discover how re-enacting literary trials can energize students' argumentative skills. Hear a personal favorite project involving Gustave Flaubert's obscenity trial and how a teacher creatively adapted this concept for a modern classroom using 'The Crucible.' This innovative approach not only enhances public speaking but also fosters critical thinking and collaboration among students.

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ANECDOTE

Flaubert Mock Trial

In high school, the author's AP Lit teacher reenacted Gustave Flaubert's obscenity trial with her students.
The author, as Flaubert's defense lawyer, used original trial transcripts for a seven-page opening statement.

ANECDOTE

Crucible Mock Trial

The author adapted the mock trial for her 10th graders studying The Crucible in Bulgaria.
Students put Judges Hawthorne and Danforth on trial, taking roles as lawyers, witnesses, and jury members.

ADVICE

Mock Trial Ideas

Consider mock trials for texts like Romeo and Juliet, The Great Gatsby, Frankenstein, or Death of a Salesman.
Mock trials boost engagement with argument, evidence, analysis, and public speaking.

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Death of a Salesman

Arthur Miller

Written by Arthur Miller, 'Death of a Salesman' is a two-act tragedy set in late 1940s Brooklyn. The play revolves around Willy Loman, an aging salesman who grapples with the reality that his American Dream of success and wealth is unattainable. Through a montage of memories, dreams, and arguments, the play explores Willy's consciousness and his inner conflict. Willy's life is marked by poor choices, delusions, and a desperate attempt to secure a better future for his sons through his life insurance policy. The play critiques the American Dream and the superficial values that Willy has adopted, leading to his tragic downfall. The final scene depicts Willy's funeral, attended by only a few people, highlighting the contrast between Willy's illusions and the harsh reality of his life[2][3][5].

The Crucible

Arthur Miller

The Crucible is a play by Arthur Miller that takes place in the Puritan town of Salem, Massachusetts, in 1692. The story revolves around the Salem witch trials, where a group of young girls, led by Abigail Williams, accuse several local women of witchcraft. The play delves into themes of fear, hysteria, and the dangers of unchecked power. It is also an allegory for the McCarthyism of the 1950s, drawing parallels between the witch hunts and the Red Scare. The main character, John Proctor, a farmer, is caught in the midst of the trials and must confront his own guilt and the moral decay of the community[1][4][5].

Madame Bovary

Gustave Flaubert

Published in 1857, 'Madame Bovary' is a seminal work of literary realism that tells the story of Emma Bovary, a beautiful and intelligent young woman who marries Charles Bovary, a dull and unambitious doctor. Emma's life is marked by boredom, romantic fantasies, and a series of ill-fated love affairs with men like Rodolphe and Léon. Her inability to distinguish between her romantic ideals and the harsh realities of her life leads to financial ruin, public scandal, and ultimately, her tragic demise. The novel is renowned for its masterful writing, detailed psychological insights, and its critique of bourgeois provincial life[2][3][5].

Romeo and Juliet

William Shakespeare

Romeo and Juliet, written by William Shakespeare, is a tragic play that tells the story of two young lovers, Romeo Montague and Juliet Capulet, who fall in love despite the long-standing feud between their families. The play explores themes of love, hate, fate, and the destructive nature of the families' vendetta. After secretly marrying, the lovers face numerous challenges, including the death of Romeo's friend Mercutio and his subsequent banishment. A failed plan to reunite the lovers leads to their tragic deaths, ultimately bringing peace between their families. The play is renowned for its poetic language, passionate romance, and violent conflict, making it one of the world's most beloved and enduring stories.

The great Gatsby

F. Scott Fitzgerald

Published in 1925, 'The Great Gatsby' is a tragic love story, a mystery, and a social commentary on American life during the Jazz Age. The novel is narrated by Nick Carraway, who moves to Long Island and becomes entangled in the lives of his wealthy and mysterious neighbor, Jay Gatsby, and Gatsby's obsession to win back his first love, Daisy Buchanan. The story delves into themes of honesty, the temptations of wealth, and the struggle to escape the past, ultimately reflecting on the disintegration of the American Dream.

Frankenstein

Mary Shelley

Written in epistolary form, the novel tells the story of Victor Frankenstein, a brilliant and ambitious scientist who, driven by Enlightenment-era ideas of progress and science, creates a living being from dead body parts. However, upon seeing the creature come to life, Frankenstein is horrified and abandons it. The creature, shunned by society due to its appearance, seeks revenge against its creator, leading to a series of tragic events. The novel explores themes of guilt, loss, and the emotional and moral consequences of scientific hubris, blending elements of Gothic and Romantic literature.

This week I want to share a project idea that you can use for a ton of different texts - the mock trial. I’ll tell you why the mock trial was one of my FAVORITE projects as a student, and one fun way I used it as a teacher. By the time you finish listening to this quick episode, I hope you’ll be excited to put a mock trial into play in your own classroom.

My senior year of high school, my AP Lit teacher thought of a wonderful way to spice up our Madame Bovary unit. She had us re-enact Gustave Flaubert’s obscenity trial. Did you know he stood trial for offending public morals with his novel? Yep. Anyway, we all took on different roles - Flaubert himself, and the lawyers and witnesses - and started meeting in class to plan our arguments, our questions, and our opening and closing statements. As Flaubert’s defense lawyer, I thought it would be helpful to have the transcripts of the original trial, so after school I headed for the local University Library to check out the transcript, which I used to create my seven page single spaced opening statement for Flaubert. It was so much fun pulling those transcripts out in class the next day. Needless to say, Flaubert was declared innocent by the trial’s end, and the project has always stuck with me as one of my favorites from school.

Years later, I decided to put my own spin on it with my 10th graders in Bulgaria as we studied The Crucible. We put the judges, Hawthorne and Danforth, on trial for letting it all happen. Students took the roles of defense and prosecution lawyers, characters in the play who could be called to the stand, and jury members. Everyone had specific tasks to help them prepare, and each witness worked on either the defense or prosecution’s team in building a case. The lawyers wrote opening statements and worked to come up with strong questions for each witness. Witnesses worked with their lawyers on their answers to the questions they would know, possible questions the other team might ask, and how they would respond, and reviewed their characters’ actions and dialogue in the play. Jury members came up with argument ideas for both sides, as well as evidence to support them, so they’d have a clear picture of the text going into the trial. I was the judge, so I could run the order of the day and keep things moving on schedule. While I felt the judges were to blame for allowing the court to abandon real justice, I believe in the end the jury found Hawthorne and Danforth innocent, after a highly engaging day of official process.

I bet there’s a mock trial spin waiting to happen for at least one of your class texts…

In Romeo and Juliet, you might put the priest on trial for Romeo and Juliet’s deaths. In The Great Gatsby, you might put Daisy on trial for Myrtle’s death. But it doesn’t always have to be about an actual crime. You might let Frankenstein’s monster sue him for not creating a mate for him, and decide whether or not to award damages. You could try the insurance case of Willy Loman from Death of a Salesman.

While a mock trial isn’t right for every book, it’s a great way to create engagement and buy-in around building skills with argument, evidence, and analysis while also practicing public speaking. It doesn’t hurt that law if a popular career many students may be considering. That’s why this week, I want to highly recommend you give a mock trial project a try the next time you’ve got a project-shaped hole in a whole class novel unit.

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361: Amplify Argument Engagement with a Mock Trial

Flaubert Mock Trial

*Crucible* Mock Trial

Mock Trial Ideas

Crucible Mock Trial