SEPTEMBER-OCTOBER, 2003

Mark your calendars. The annual mock trial program will be held on March 5 and 6, 2004 at the University of Illinois at Springfield. Work is underway on developing a challenging mock trial problem. All registration materials, and the problem, will be mailed in late November. All materials will also be posted at the ISBA LRE Website on the day they hit the mail.

The Illinois State Bar Association's annual High School Mock Trial Invitational began in 1982 and since that time has provided an opportunity for students to learn what is it like to prepare and present a legal case before the Illinois Courts.

Students who have participated in the mock trial program in the past say that they have benefited by learning how to work as a team, by developing oral presentation skills, the value of setting goals and planning, learning how to think on your feet, and to face challenging obstacles with enthusiasm and confidence. Mock trials can be a distinctive way to learn about the legal process used to remedy disputes in Illinois.

The majority of the educational component of the mock trial experience is in the hands of the teachers, lawyers and judges who assist in preparing the teams for the mock trial experience. It is up to these teachers and legal professionals to prepare the students for the mock trial experience. The mock trial presentations in Springfield are one component of this activity and are a means to "showcase" team achievement. The goals of the program are to provide an opportunity for students to learn, and to meet with others to show what has been learned.

GOALS OF THE HIGH SCHOOL MOCK TRIAL INVITATIONAL

Participants must conform to specific rules of practice and procedure that govern the Illinois State Bar Association High School Mock Trial Invitational. All teams must officially register using the ISBA Registration packet, pay a $75 non-refundable registration fee, and pay their own expenses for travel, housing and meals. Registrations will be limited to the first 60 teams that register. Schools may have as many teams as they like, but may only officially register one team. Rules of the program mandate that any participant who officially registers must first participate in a regional or practice trial against an opposing team. These rules, and others, are more fully explained in the materials available at http://www.isba.org/Sections/lawrelateded.asp.

The Illinois State Bar Association's Standing Committee on Law-Related Education for the Public administers this activity and each year produces the materials that will be used during the trials. Cases are based on hypothetical fact situations, or may be based on historical events.

Past ISBA Mock Trial materials and the rules of procedures may be found on-line at http://www.isba.org/Sections/lawrelateded.asp.

LESSON PLAN - Exercising Your Rights: Pantomimes and Case Studies with the Bill of Rights (Cradle Lesson Plan No. 41526A) Created by Malcolm W. Moore, Jr., Thomas Jefferson Middle School, Decatur, Illinois

OVERVIEW - With this lesson students can exercise their bodies and minds as they participate in pantomimes and case studies that will help them become familiar enough with the Bill of Rights to understand, manipulate, apply, and appreciate its remarkable guarantees and freedoms.

GOALS - As a result of these lessons, students will:

• Understand what a right is and why rights are so important to people;

• Participate in a drill and practice of the content of the Bill of Rights by participating in a pantomime activity;

• Explore how the Bill of Rights applies to their everyday life through use of case studies.

AUDIENCE - Upper Elementary/Middle School

TIME TO COMPLETE - Three 45-minute class periods.

DAY 1: What is a Right?

Materials - Each student will need a copy of the worksheet "Is It a Right?" and a pencil.

Vocabulary: Constitution, Bill of Rights, Right

Procedures - Begin by discerning what the students already know about rights in general and the Bill of Rights in particular. Use a formal assessment, or simply ask them.

A way to explain these complex ideas to younger students is to ask them about product guarantees and their purposes. This usually gets an interesting discussion started as each has some knowledge in this area or a story to share.

Move the discussion along by explaining that our Constitution is a plan for government. At the time it was adopted, there was quite a discussion about this new form of government and how the people were to keep it from getting too powerful and possibly taking away some of their rights (rights: certain things -- freedoms, ideas, actions -- to which all persons are entitled). Some persons wanted guarantees of certain rights in the Constitution that the government could not take away. The Bill of Rights is that guarantee (Bill of Rights: a list of rights guaranteed to the people that the government may never take away).

Following a discussion of rights, including rights the students know about and think they have, give each student (or group of students it you use cooperative groups) a copy of the worksheet "Is It a Right?" Tell them (as the directions do) that each of the items on the worksheet appears in the U. S. Constitution. Based on the class discussion, they are to pick out which -- by previously agreed definition -- are rights that the Constitution would guarantee to all people and which the government will never take away.

After completing the worksheet, go over the items and discuss what constitutes a right. From this students may be able to remember other rights they know, or you may wish to close by having each student (or cooperative group of students) tell or write a right they think all people should have.

DAY 2: Exercising Your Rights

Materials - For this lesson, each group of students needs a copy (original or simplified) of the Bill of Rights. The teacher needs to have a cut up copy of the "Exercising Your Rights" worksheet containing directions for the pantomimes.

Vocabulary: Pantomime, Procedure

Students are divided into groups of three. Each group is given one set of directions from the "Exercising Your Rights" worksheet. After reading their directions, each group needs to decide how it will demonstrate its amendment. The teacher will need to make a private check with each group.

Groups decide which students will perform which role. Groups may embellish but may not change directions. Groups always need to be reminded that pantomimes are silent. Not even sound effects are allowed. Use of props is up to the teacher.

There are different ways to proceed from here. If you are a brave soul and noise does not bother you, groups may just guess after each pantomime is performed. If you like more structure, and wish to maintain the silence of the pantomimes, then each group will write its answer after the pantomime has taken place. After all are done, discuss each pantomime as each group gives a replay. Close with a discussion of which amendments or parts of amendments were difficult to pantomime. As groups share, students from other groups may have ideas as to how this could be shown. You may also wish to discuss why certain rights are hard to pantomime -- abstract versus concrete.

If students do a good job, they could, with a little embellishment, be put together with narration to make a play that you may wish to perform for parents or other classes.

NOTE:

Amendments 9 and 10 are not included in the "Exercising Your Rights" worksheet. Maybe you can figure a way to pantomime them.

DAY 3: Living with the Bill of Rights

Materials - For this lesson, each group of students need a copy (original or simplified) of the Bill of Rights and a copy of the worksheet "Living with the Bill of Rights: Case Studies".

Vocabulary: Case study,

Procedure - Place students in small groups (triads work well).

One reason for teaching students about the Constitution and the Bill of Rights is that it is the job of each citizen to protect his/her rights saying, "It is not enough to know what is in the Bill of Rights, but we must know how these rights apply in our everyday lives. To do this we are going to use case studies. Case studies present us with real life situations. Although the ones presented are fiction, they are realistic fiction (the kind of things that happen to real people)."

Each group is to read each situation and decide which, if any, rights have been violated. In each case study, there may be no violations, just a person exercising his/her rights. There may be a violation of a single right or more than one right. Groups will need to be detectives and lawyers as they investigate each case study.

After giving students time to read the case studies and make their decisions, discuss each one. Groups will probably have differences in their judgments. This will make it even more like real life.

Close with a discussion of some rights students exercise in everyday life and have them give examples. Depending on time, ask them if they can think of times their rights have been violated. An extension of this activity would call for each group to pick one amendment and write its own case study to share with the class. (These may provide you with ideas to increase your own bank of case studies.)

EVALUATION - Since these lessons include class discussion, guided practice, and cooperative group work, the major tool of evaluation is teacher observation. When students are working in groups, charting is helpful to see if all are participating in the group and adding to its success. The product of Day 2, the pantomime, should be judged mostly on effort and if all members of the group are involved. Depending on the class, teachers may want to put together a formal quiz or test including a description of some of the most basic rights to be matched with descriptions of their being exercised or violated.

CLOSURE - Closure is included in each day's procedural directions. For day 1, see paragraph 5. For day 2, see paragraph 4. For day 3, see paragraph 5.

TIPS FOR TEACHERS - None specifically are included because the directions were

written as carefully as possible and edited after field testing. However, steps 5 and 6 on day 2, and step 6 on day 3 may be considered.

BIBLIOGRAPHY - Constitution of the United States of America

Is It a Right?

Directions: Now that we have discussed what a right is, read each sentence below and place a + in front of each one that describes a right.

(TEACHER WARNING: Each sentence contains true information contained in the U.S. Constitution.)

_____ 1. No person's house or property may be searched without a search warrant.

_____ 2. Each state gets two senators.

_____ 3. Persons accused of a crime shall be represented by an attorney.

_____ 4. Persons may worship as they please.

_____ 5. To be President, a person must be 35 years old.

_____ 6. Citizens may own and keep guns.

_____ 7. A person may not be forced to testify against him/herself.

_____ 8. The judicial branch of government is made up of the Supreme Court and other courts created by Congress.

_____ 9. In a trial, the accused person has the right to see and hear the witnesses who testify against him/her.

_____ 10. Citizens may petition or ask the government to correct wrongs done against them.

_____ 11. Citizens may speak out and freely express their opinions on subjects.

_____ 12. The President heads the executive branch of government.

_____ 13. A person must be 25 years old to serve in the U.S. House of Representatives.

_____ 14. Persons accused of crimes are entitled to trial by jury.

_____ 15. The President takes office at noon on January 20th.

Living with the Bill of Rights: Case Studies

Stephen and his friends agree to meet on the corner of Main and Wood Streets so they can walk together to the football game. When John arrives, he explains that Jeff will be late because his family had an emergency. While the youths are waiting, a police car drives by, twice, and then stops. The policeman asks the friends to "break it up" and "move along."

When the school board is scheduled to debate whether or not to lengthen the school day, Sarah and her friends are upset. They fear that they will not be able to keep up with other interests such as sports and dance if the school day is made longer. They make signs and picket on the sidewalk in front of the school administration building. As the school board members enter the building, one of them tells the students they should not be there and must leave.

Zach has just finished instruction to become a member of his church. He is very enthusiastic about it and feels that if each school day began with a prayer, the day would go better for everyone. At a regularly scheduled meeting of the school board, he presents his plan for "Morning Prayer" and asks the school board to implement it.

Kevin is home watching television when there is a knock on the door. When he answers it, he finds two men dressed in street clothes on his porch. The men tell him they are policemen, and they are looking for television sets that were stolen from a nearby store. They tell Kevin they wish to look through his house for the stolen television sets.

K.C. has spray painted what she and her family believes is a beautiful mural on the wall of her parent's garage. The neighbors do not like it and think it makes the neighborhood look bad. When some graffiti is mysteriously spray painted on a neighbor's fence, K.C. is accused. Although she knows she did not do it, she is told, "We have witnesses who saw you do it." When she asks who the witnesses are, she is told, "It's none of your business."

After a destructive flood in Watertown, Illinois, the governor sent in the National Guard to help rescue people, restore order, and prevent looting. The problem is that the rains continue, and there is no place for the soldiers to sleep. The leader of the group tells the city council that the soldiers must be placed in the homes of Watertown's families. After the Presstown Truth prints a lengthy column criticizing the governor, he responds by coming to Presstown and giving a major speech asking for a new law to give the government control over what newspapers print. Julie and her friend shoplifted some gum from the drugstore. It was their first time, but they were caught by the owner of the store who was very angry. As they sat in his office and listened to him call the police, they overheard him say, "These girls need to be put away for a long time, so they can't do this to anyone else. Make sure the judge throws the book at them!"

Zeb and Sally, two fifteen year olds, are accused of robbing a convenience store. Although there seems to be a lot of evidence against them, they are innocent. When the store was robbed, Zeb and Sally were with their friends out by the lake drinking. Because all their friends are under age, they will not voluntarily come forward and testify for Zeb and Sally.

Exercising Your Rights

Your group is going to demonstrate the freedom of religion from the First Amendment. Be sure each person in your group has a role to play. It would be best if you could show that your characters have different ways of worshipping.

Your group is going to show freedom of the press from the First Amendment. Think about how to show that newspapers, books, and magazines may print any ideas they see fit. Be sure each person in your group has a role to play.

Your group is going to demonstrate freedom of assembly from the First Amendment. Think how you can show that people have the right to gather together in groups peacefully. Be sure each person in your group has a role to play.

Your group is going to demonstrate the right to petition the government from the First Amendment. Think about how you can show that people have the right to ask the government to take some action. Be sure each person in your group has a role to play. Your group is going to demonstrate the right to bear arms from the Second Amendment. Think about how you can show that people have the right to keep and own guns. Be sure each person in your group has a role to play.

You will be demonstrating that the government does not have the right to quarter soldiers in the home of citizens during peacetime from the Third Amendment. Be sure each person in your group has a role to play.

Your group will be demonstrating the right to privacy from the Fourth Amendment. Think about how you can show that the government may not search a person, his house, papers, or other belongings without a search warrant. Be sure each person in your group has a role to play.

Your group is going to demonstrate the right a person has not to testify against him/herself from the Fifth Amendment. This one is tough. Think how you can do this without talking. Be sure that each person in your group has a role to play.

You will be demonstrating the right of a person accused of a crime from Amendment Six. The rights included here are the right to be represented by a lawyer and the right to have witnesses to testify on behalf of the accused person. Be sure all persons in your group have a role to play.

You will be demonstrating the right to a trial by jury in civil cases from the Seventh Amendment. It will be tough with a small group, but you must get the idea of a jury across. Be sure all persons in your group have a role to play.

Your group will be demonstrating that bails and fines may not be excessive and that the Eighth Amendment forbids cruel and unusual punishments. This means that the punishment must fit the crime. Think how you can demonstrate this. Be sure all persons in your group have a role to play.

* * * * *

Originally distributed by the Center for Research and Development in Law-Related Education, Wake Forest University School of Law, 2714 Henning DR, Winston-Salem NC 27106; 1-800-437-1054.

PROTECTING OUR SENIOR CITIZENS - In Illinois, there are special provisions under the law to protect senior citizens, or those 60 years of age or older, from abuse and neglect. The Elder Abuse and Neglect Act defines abuse as any means causing any physical, mental or sexual injury to an eligible adult, including exploitation of such adult's financial resources. Neglect is another person's failure to provide to the elder person "the necessities of life including, but not limited to, food, clothing, shelter or medical care. Because efforts to combat elder abuse are being coordinated by a number offices and agencies, if you are aware of a senior citizen who may be experiencing abuse or neglect, you may contact the Office of the Attorney General, the State Police, local law enforcement, or the Illinois Department of Public Health.

GIVING YOUR MONEY AWAY? - There are hundreds of worthy charitable organizations whose success depends upon contributions. However, there are also some mismanaged or fraudulent charities that do not deserve support. Some things to remember:

1. Beware of invoices or bills for services or items not requested.
2. Be careful about telephone solicitations; make sure that money donated will go to the charity and not the solicitor.
3. Pay by check - never cash or credit card. A check is not only helpful for tax purposes, it also makes it more difficult for someone to steal contributions or charge more than you designated.

If you are suspicious about an organization, contact the Illinois Attorney General's Office.

THE MEDIATION OPTION - Are you and someone you know experiencing a conflict that may be escalating? As uncomfortable as these situations can be, there is a way to get help. Mediation offers people in conflict an economical way to work out differences while addressing everyone's needs and interests. Options and decisions reached through mediation are created by the people who are in conflict, and are not imposed on them by a judge. Mediation explores creative means of solving problems and promotes cooperative thinking as a way to resolve the issue at hand. Qualified mediators are usually listed in your local yellow pages.

COURT APPOINTED ATTORNEYS - If you are charged with a criminal matter, you may seek counsel at your own expense to represent you. You should also be aware that the U.S. and Illinois Constitutions grant you the right to competent counsel if you are charged with a crime. If you don't have the funds to hire your own attorney, the public defender system has been established in Illinois to provide legal counsel to those who are unable to pay. Public defenders, or court appointed attorneys, are paid by the state for the legal work they will do on your behalf.

DON'T MAKE IT EASY FOR A RIP-OFF ARTIST - Rip-off artists bank on consumer misinformation to make a buck. Here are some tips to protect yourself. First, there is a right to cancel any purchase from a door-to-door salesman within 3 days of the purchase. Second, being notified you are a guaranteed winner of a prize will often cost you plenty. Also, avoid giving out your credit card number for identification. Con artists with access to your number and expiration date may make unauthorized charges on your card. Other common forms of consumer fraud are home and auto repair scams and scams on the elderly. Contact the Attorney General's Office for more information.

CRIME VICTIMS HAVE RIGHTS - The law in Illinois ensures that crime victims are treated with fairness and respect for their dignity and privacy by affording certain basic rights, protections and considerations. These rights include, but are not limited to, being informed of court proceedings relating to the crime, the right to make a statement to the court at the time of sentencing, and the right to be informed about the conviction, sentence, imprisonment and release of the accused. Victims may also have the right to restitution. The full text of these rights is given to victims at the initial contact with the criminal justice system, and they are posted in all court facilities. 725 ILCS 120/2

LEMON LAW - Sometimes new cars aren't all you expect them to be and obvious defects cause you to think you've purchased a lemon. What can you do if the car you purchased is a "lemon?" In Illinois, you may have some protection under The New Vehicle Buyer Protection Act, which allows you to cancel the purchase deal if you bought a defective new passenger car from a dealer, and certain other conditions are met. If a defect "substantially impairs" the value of the vehicle, you must tell the dealer and give him or her a reasonable number of chances to fix it. Within a reasonable time, you must notify the dealer that you are canceling the purchase and then you must return the vehicle without substantial change to it.

UNAUTHORIZED PRACTICE OF LAW CAN BE EXPENSIVE FOR CONSUMERS - In Illinois, the only individuals who can draft legal documents for other people or give legal advice are lawyers licensed to practice law in this state. Consumers should be wary of nonlawyer individuals or companies that draft legal documents for a fee, including divorce, bankruptcy, and estate planning documents such as wills and trusts. Any nonlawyer who drafts legal documents, gives legal advice, or gives the impression that he or she is a lawyer when they are not, may be guilty of the unauthorized practice of law. Avoid being victimized by these companies and individuals. If you have been victimized by this practice, you may wish to contact the State's Attorney in your area, the Attorney General's Consumer Fraud Division in Springfield, or the Illinois State Bar Association's Unauthorized Practice of Law Task Force.

Visit the Richard III Society, http://www.r3.org/bookcase/whodunit2.html, for an exciting and challenging romp through history. Evaluate the plethora of suspects in the "murder of the princes in the tower," the central mystery of Richard III's reign in the late 1400's. Whodunit: The Suspects in the Case," by Helen Maurer, provides a synopsis of the "crime," and a comprehensive list of suspects for students to review and investigate. Links and the bibliography lead readers to "evidence." Teachers interested in introducing students to Richard III might direct students to Josephine Tey's Daughter of Time (ISBN 0684803860), an exceptionally readable crime novel that delves into the literary manipulations that have created the most commonly known Richard, as Shakespeare portrayed him in his "history plays." More mature students might want to read Bertram Field's recent book entitled Royal Blood: Richard III and the Mystery of the Princes (ISBN 0060987383) for a comprehensive review of the mystery and current research on the subject.