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Table of Contents

Introduction—Debate in School and Society . . . . . . . . . v

Unit 1—Debate Basics


Chapter 1 Introduction to Competitive Debate . . . . . . 4
Chapter 2 Debate Ethics . . . . . . . . . . . . . 18
Chapter 3 Where to Begin . . . . . . . . . . . . 23
Chapter 4 Traditional Research Fundamentals . . . . . . 29
Chapter 5 Electronic Research Fundamentals . . . . . . . 41
Chapter 6 Recording and Filing Evidence . . . . . . . . 47
Chapter 7 Argumentation Strategies . . . . . . . . . 59
Chapter 8 Flowing . . . . . . . . . . . . . . 68
Chapter 9 Delivery . . . . . . . . . . . . . . 75

Unit 2—Understanding the Affirmative


Chapter 10 Affirmative Debate Terms . . . . . . . . . 84
Chapter 11 Preliminary Steps in Affirmative Case Construction . . 94
Chapter 12 The Affirmative Need-Plan Case . . . . . . . 99
Chapter 13 The Affirmative Comparative Advantage Case . . . 105
Chapter 14 Miscellaneous Affirmative Case Types . . . . . 114
Chapter 15 Writing the Affirmative Case . . . . . . . . 119

Unit 3—Understanding the Negative


Chapter 16 Negative Debate Terms . . . . . . . . . . 136
Chapter 17 Attacking the Affirmative Case:
Stock Issues Analysis . . . . . . . . . . 139
Chapter 18 Attacking the Affirmative Plan . . . . . . . . 148
Chapter 19 Developing a Negative Position . . . . . . . 157
Chapter 20 Negative Adaptation to Affirmative Case Structures . . 162
Chapter 21 The Negative Counterplan . . . . . . . . . 166

Unit 4—Defending Your Position


Chapter 22 Basic Steps in Defending the Affirmative Case . . . 172
Chapter 23 Advanced Strategies . . . . . . . . . . . 180
Chapter 24 Negative Rebuttals . . . . . . . . . . . 188
Chapter 25 Cross-Examination Techniques . . . . . . . . 191
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Chapter
28
Mock Trial The training of lawyers
is a training in logic.
After completing this chapter debaters will be able to:
~Oliver Wendell
1. Explain what a mock trial is.
2. Identify and describe the basic general rules of evidence and trial Holmes, Jr.
procedure.
3. Demonstrate how to conduct a mock trial.

New Words and Phrases


affidavit direct examination mock trial
civil trial discovery overruled
criminal trial exhibit plaintiff
cross-examination hearsay evidence redirect examination
defendant interrogatories sustained
depositions litigants

Introduction
The role of public speaking and debate in courts of law can’t be overem-
phasized. Virtually every skill and strategy used in competitive debate is
applicable to a trial. As a result, many students interested in competitive
debate and the law also participate in mock trial competitions. Many
states have such competitions, often associated with Law Day activities.
In 1985, an annual national Mock Trial Tournament began and is held in
May each year. Mock trial cases for students of all ages are available.

A mock trial resembles an actual trial. It begins with a conflict or a


dispute that the parties are unable to resolve. Students are organized into
teams and take the role of either a witness or an attorney. Some mock
trials are reenactments of historical trials, and the students rely heavily
on scripts (see the American Bar Association’s “The Trial of John Peter
Zenger” as an example). In other instances, teams are given a hypothet-
ical case that includes a set of stipulated facts, witness affidavits, and

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exhibits related to the case. A statute related to The purpose of this chapter is to provide an
the dispute is also part of the case. overview of mock trial competition proce-
Occasionally decisions about related court dures. The first step is to develop an
cases are included. Cases for elementary understanding of the unique vocabulary and
students are based on fairy tales with charac- basic concepts used in a trial.
ters such as “Golden Locks” being sued by the
three bears for bad manners. Who Are the Participants?
Most mock trials rely on basic rules of Rather than the affirmative and negative, the
evidence and procedure. One important feature two sides arguing against each other in a civil
of mock trial is that when you arrive at the mock trial are called the plaintiff and the
actual stage of competition, only the materials defendant. The plaintiff is the person
you are given to start with will be used in the bringing the action or filing the lawsuit; the
trial. Unlike policy or Lincoln-Douglas debate, defendant is the person being sued. Both are
mock trials force you to concentrate on the frequently referred to as the litigants. In a
specific facts of a case and the given legal criminal trial, the government, represented by
precedents. It is from these sources alone that a prosecutor, brings the action against a
you must make your case. defendant, who has been accused of a crime.
Each side in a mock trial is composed of a
Students compose opening statements and team of attorneys and a set number of
closing arguments and prepare for direct exam- witnesses (usually three on each side). The
ination and cross-examination of witnesses. teams present their arguments to a judge or a
Participants learn the procedures for objecting panel of judges. A sample judging form is
to questions or testimony that violate the stan- included in Appendix C. Judges may be
dards for a fair trial. Judges offer decisions asked to render two decisions: one on the
based on performance. Teachers, law students, merits of the case, declaring a winning side;
lawyers, or actual judges serve as judges for the other on the way the cases were argued by
mock trials. Just as with other forms of debate, declaring a winning team.
there are time limits for the competition. The
following is one example of a format that takes Civil and Criminal Cases
approximately two hours. A mock trial case can be either civil or crim-
Opening Statements . . 4 min. for each side inal. There is an important difference
between the two. In civil cases, a plaintiff
Direct & Redirect Examinations . . 30 min. wins by convincing a judge or by a “prepon-
for three witnesses derance of evidence.” If the jury or judge is
Cross-Examinations . . . . 15 min. for 51% sure the plaintiff’s claim is true, the
three witnesses plaintiff wins. In a criminal case, the prose-
Re-cross is allowed cution must prove a defendant’s guilt
“beyond a reasonable doubt.”
Closing Arguments . . 6 min. for each side

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Discoveries, Interrogatories, The opening statement and the closing state-


ment are the only two times during the trial
Depositions, and Affidavits you will be allowed to make real speeches.
Discovery is the name for the formal investiga- Taken together, these 10 minutes are the most
tion about the facts of a case. Interrogatories important in the trial. It is at the beginning
are the written questions that the litigants must and the end of your presentation of the case
answer under oath. Depositions are oral ques- that you will have the most power to frame
tions asked under oath. The affidavit is the testimony, cast doubt, and challenge the other
written statement of facts made under oath. side to overcome any obstacles to the deci-
sion they want.
Conducting a Mock Trial
Mock trials follow an established procedure, It is important to follow a general rule in your
beginning with opening statements and moving opening statement (and in your summation).
through direct examination, cross-examination, M. Donna Ross, a coach of many champion
and ending with closing arguments. mock trial teams, calls the rule simply KISS
for “Keep it Simple Stupid” (Ross, An Open
and Shut Case 13). Try to boil down complex
Opening Statements
statutory and case-based facts into an easy to
After the bailiff calls the case, the prosecutor in
understand story. Just as in a policy of
a criminal case or the plaintiff’s attorney in a
Lincoln-Douglas debate round, you must put
civil case begins the mock trial by presenting an
everything together in a cohesive and concise
opening statement. This statement explains the
way. Your arguments may be independently
issues, what the evidence will be, and what you
strong, but they mean nothing if they are not
hope to prove. The opening statement is impor-
well articulated and clearly explained.
tant because it is your first opportunity to
preview the case. Such a road map is important. Ross points out some common themes that
appear in both sides’ opening statements (An
Defendants may choose to make an opening
Open and Shut Case 13):
statement immediately following the plaintiff’s
or may wait until after the plaintiff has Prosecution—
presented all evidence and the defendant has
1. MOM—The defendant had means,
cross-examined. It must be made before any
opportunity, and motive.
defense witnesses are called.
2. The defendant was the only one who
To begin an opening statement, say, “May it could have done it.
please the court?” then introduce yourself,
client, co-counsel, and witnesses. The opening 3. The preponderance of evidence points to
statement should set forth the issue, detail what the accused.
occurred, summarize your evidence, and state 4. The defendant is guilty beyond reason-
the relevant statute. You should also tell the able doubt.
judge(s) specifically what you want in the way
of a decision.

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Defense— consists of your client’s own testimony and the


1. [My client is a] Victim of circumstance. testimony of your witnesses. A plaintiff calls
the first witness, asks questions, and then the
2. [My client was] Set up by others. defendant cross-examines the witness. All of
3. The real culprit could have been the plaintiff’s witnesses are called and cross-
anybody. examined by the defendant’s attorneys before
the defense calls any of the defense witnesses.
4. No credible evidence [exists]. The plaintiff has the opportunity to cross-
In addition, Ross suggests a method for laying examine all defense witnesses.
out your case in light of the above themes (An Advance preparation is necessary for effective
Open and Shut Case 13): direct examination. Outline your questions
…Tease them—that is—T’s ’em. As you and then rehearse each witness’s testimony.
walk through the…opening, tick off these t’s. Like cross-examination in debate, this is not a
time to make speeches. The story must unfold
Theme from questions. It is usually advisable to
Timeline begin with background questions, and it is
important to establish a witness’s personal
Testimony knowledge of the facts.
Target Witnesses may not be asked leading questions
Tie up by the attorneys who call them. A leading
question suggests the answer to the witness.
This simple approach is excellent in that it gives Direct questions should be phrased to elicit a
you a way to present your case to anyone, set of facts. For example, “Ms. North, when
regardless of how well versed they are in actual did you become acquainted with the defen-
law or mock trial. You should try to “tease” the dant?” is an acceptable question. An example
judge(s) by introducing the important themes of a leading question might be, “Ms. North,
presented above and then by laying out the you haven’t known the defendant for very long,
timeline of factual events in your case. Make have you?”
sure to forecast the important ways in which
your witnesses’ testimonies will help prove While the purpose is to get the witness to tell a
your case. You should then give the judge(s) a story, questions must be specific and witnesses
target—tell what you want done. Then, tie it all are not allowed to narrate. Narrative questions
together in a neat and easily digestible package. are objectionable. An example of a narrative
question might be: “Ms. Lane, what went
Direct Examination wrong with your job at the bank?”
Following the opening statements, witnesses
Direct examination may cover only relevant
are called to testify in direct examination.
facts of which the witness has first-hand
Other physical evidence is also introduced.
knowledge. As a general rule, witnesses are not
Direct examination is your main opportunity to
allowed to give opinions unless they are quali-
explain your client’s version of events. It

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fied as “experts” or unless the opinion is based It is important to treat witnesses in ways that
on the common experience of laypersons in the will build on your case and diminish the other
community. A witness must have personal side’s. To build credibility, always be sure to
knowledge about all to which he or she testifies. make the court understand how qualified a
For mock trial purposes, evidence about a witness is and therefore how solid their testi-
witness’s character may not be introduced unless mony is. Use formal titles to build
the person’s character is an issue in the case. credibility—if you have a highly qualified
expert, such as a scientist or a doctor, address
If a witness is unable to recall a statement them as such. Ross notes that if you wish to
made in the affidavit, the attorney may intro- make a colder, factual witness seem friendlier
duce the portion of the affidavit into evidence or accessible, you may want to downplay their
that will help the witness remember. Any credentials and use first names or even nick-
factual areas covered in direct examination names (Getting Down to Cases 9).
may be subject to cross-examination.

There are some important things to take into Introducing Exhibits and
account when considering your witnesses. Physical Evidence
Ross puts witnesses into three categories Exhibits are the tangible objects that are
(listed from most to least important) (Ross, presented to establish your case. The physical
Who Goes Where 17): evidence must be relevant to the case, and you
must be able to defend its use on that basis.
1. Big Yahoo (that’s the defendant or Procedurally, follow these steps:
respondent on defense and the key
witness or plaintiff on the other side). A. “Your honor, I ask that this knife be
marked for identification as Plaintiff’s
2. Big Mouth (that’s the expert witness or at Exhibit A.” Show the article and hand it
least the one that seems to know it all). to the bailiff for marking.
3. Little Sidekick (that’s often a character B. Show the knife to the opposing counsel,
witness and many times may be a who may object to its offering.
liability to the side he’s supposed to be C. Show the knife to the witness and
testifying for). proceed to have the witness identify it.
While being cast as a witness may not seem to D. If you wish to place it into evidence,
be as interesting or as challenging as being an say, “Your honor, I offer this knife for
attorney, witnesses play a crucial role in the admission into evidence as Plaintiff’s
mock trial. Ross and others point out that since Exhibit A, and ask the court to so
most of your judges will themselves be actual admit it.”
attorneys, “they tend to be overly impressed
E. The judge then rules on its admissibility.
with good witnesses—probably because they
Hand the knife to the judge.
are burdened by their own clients’ lack of
acceptable looks and speech” (Who Goes
Where 17).

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Cross-Examination your cross-examination. At the same time,


Once your adversary has no further questions, never bully witnesses. That is simply not
the judge tells you that it is time for cross- necessary. Asking a series of questions that
examination. Cross-examination questions will elicit yes/no answers will get you where
must pertain to topics explored on direct exam- you want to go without a lot of pushing. Don’t
ination. The first goal of cross-examination is to try to summarize what the witness has said
pursue questions to produce evidence that during your cross-examination. Summarizing
supports your version of the case. This is is saved for your closing remarks. You can ask
usually fairly easy. Seldom does a witness’s questions in a way that will paint the picture
testimony support only one version. Explore the you want the judge(s) to see and draw out the
part of the testimony that supports your case. facts you want them to understand. Let them
make the necessary connections. Watch and
The second goal of cross-examination is to adapt to their responses in just the same way
impeach adverse witnesses. Impeaching an you would do during a policy debate round.
adverse witness is accomplished in several ways.
A. Showing that the witness is biased in Redirect Examination
favor of your adversary. If the credibility of your witness has been
attacked on cross-examination, you may ask
B. Showing that the witness is prejudiced several more questions. These questions must be
against you. limited to issues raised during cross-examination
C. Asking questions about prior conduct and should be limited to the damage you think
that makes the witness’s credibility has been done. Questions should be phrased to
suspect. try to reestablish the witness’s truthfulness.
D. Asking about evidence of prior criminal
Closing Arguments
convictions.
An attorney for each side reviews the
E. Introducing affidavits that prove that the evidence and asks for a favorable decision. It
witness has made inconsistent state- is your opportunity to tell the judge(s) why
ments. you should win. While you shouldn’t argue
during the opening statement, it is important
To avoid giving a witness a chance to retell a
to make the strongest case possible during
story during cross-examination, ask leading
closing arguments.
questions. Remember, questions are leading
when they suggest the desired answer. While Prepare and rehearse your closing argument.
they are improper during direct examination, Make introductory comments, identify the
they are permissible during cross-examination. issues to be resolved and marshal the evidence
It is appropriate to prompt nonresponsive for each element you must prove. Discuss the
witnesses and interrupt hostile witnesses. credibility of your witnesses and evidence.
Explain the plaintiff’s burden of proof. Use
It is advisable to ask only questions to which
exhibits and other visual aids and always tell
you feel you know the answers. You don’t want
the judges what you want. Show why you
to inadvertently hurt your case in the course of
should prevail on the merits.

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It is important to return to the “tease” method It is important to object promptly, but don’t
mentioned in the section on opening remarks. argue the merits of the objection. An objection
Instead of forecasting what will happen, now can be sustained (upheld) or overruled
you are summarizing what has happened. In the (denied). If the objection is sustained, ask the
very same way the rebuttals in a policy debate judge to strike improper evidence.
round are used for summarizing and succinctly
shutting off issues, your closing remarks are the The two most common objections are:
final opportunity you have to cast arguments 1. Objections to the form of question. Is it
and witnesses as you want them to be remem- leading and thus improper? Is it vague
bered by the judges. Your closing statement or argumentative?
should also lay out any of the burden you want
the other side to meet. Depending upon the type 2. Objections to the content of testimony.
of trial you are in, civil or criminal, the stan- Regardless of the question, this objec-
dards you apply will be different. In a criminal tion argues that the testimony is
trial, both sides will try to contend that either improper. It may be improper because
their client is innocent beyond reasonable doubt of a lack of a witness’s personal knowl-
or that, in the prosecution’s case, the defendant edge or requires speculation on the part
is guilty beyond reasonable doubt. In a civil of the witness. It may also be objection-
case, both sides will rely on the preponderance able because it is irrelevant or is
of evidence to prove their sides. Just as in a hearsay. Hearsay is any evidence of a
policy round you must give the judge(s) in a statement made by someone who is not
mock trial tools with which to evaluate the key present in the court and is offered to
issues at stake. Don’t count on good memories. prove a fact, piece of evidence, or a
Instead, use the tease method and, as always, witness’s testimony. Hearsay evidence is
remember KISS. Keep whatever you say not permitted.
simple to make it understandable.
Resources
Objections The Internet has numerous resources to assist
It is the attorney’s responsibility to object to students and coaches in learning more about
important inadmissible evidence or statements. this activity. The American Mock Trial
An objection should be made anytime you Association’s site at www.collegemocktrial.org
believe that the opposing attorney has violated has valuable information that underscores and
the rules of evidence. The judge may consider enhances the material in this chapter. The Web
anything you don’t object to. Use the following site for high school competitions also includes
procedures when making an objection. access to a newsletter (www.nationalmock-
trial.org). It provides valuable information on
1. Stand up to make the objection. how to get started including state coordinator
2. Speak only to the judge. contact information. A source of practice cases
is found at www.andersonkill.com/titanic/
3. State your objection succinctly and facts.htm. Street Law, an organization of law
explain the reason for the objection. teachers and students, has long supported the

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mock trial movement by preparing scenarios It follows the pattern of an actual trial but with
for competition and practice. Their Web site at simplified rules of evidence and procedure.
www.streetlaw.org/mockt2.html is an excellent Many of the same strategies employed in
source of material. policy and Lincoln-Douglas debate are also
effective in a mock trial. Scenarios are
Summary provided to students who play the roles of
A mock trial provides an opportunity to gain attorneys and witnesses. At the conclusion, a
useful knowledge about the law and to hone judge renders a decision.
argumentation and communication skills.

Notes
Ross, M. Donna, “Mock Trial Part V, An Open and Shut Case, That is — How to Open and How
to Shut,” The Rostrum, (January, 1998), p. 13. (debate.uvm.edu/NFL/rostrumlibmocktrial.html).

Ross, M. Donna, “Try Mock Trial: Part III – Who Goes Where?” The Rostrum, (June, 1997),
p. 17. (debate.uvm.edu/NFL/rostrumlibmocktrial.html).

Ross, M. Donna, “Try Mock Trial: Part IV – Getting Down to Cases,” The Rostrum, (October,
1997), p. 9. (debate.uvm.edu/NFL/rostrumlibmocktrial.html).

Activities
Starting Out
1. Review the mock trial scenarios available from the American Bar Association and select
a trial suggested for elementary students. Use this trial as a way of learning the proce-
dures in a mock trial before preparing for a more realistic case.

2. Reenact a famous local trial. Using facts researched by examining the court transcripts
in the public record at the courthouse, prepare your own scenario for the trial. While
each side may get ideas from the way the trial was actually conducted, develop your
own strategies.

3. Using the Midland v. Pence, et al. case scenario on pages 229–231, conduct a mock trial
as a class. Have class members participate as jurors and complete the observation form
found in appendix C.

4. Attend a trial in a city, county, state, or federal court. Observe how the attorneys
approach each stage of the trial. What did you learn that can benefit you? What prac-
tices did you see that were not successful?

continued

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Activities continued
Experience Counts
1. With a partner, review the comment sheets you receive from a competition and work on
the areas most in need of improvement. Assist one another through drills, revising
opening statements, or reviewing your questioning techniques.

Web Savvy
1. Go to the college division mock trial Web site at www.collegemocktrial.org and select
some of the old cases to use for practice.

2. Hone your skills online by going to British online mock trial site at
www.abc.net.au/mocktrial/default.htm. How do trial procedures in Britain differ from
American procedures? How are they similar?

Midland v. Pence, et al.


FACTS
A number of Midland citizens had become dissatisfied with the Superintendent of Prisons,
John Sharp, because he was not dealing with such problems as overcrowding, unsanitary
conditions, and guard brutality. Since the group believed that the mayor, Herbert Umbard,
could fire Sharp, they organized a demonstration designed to force the Mayor to act. In the
late afternoon, about 80 protestors began a march from the city hall to the Mayor’s home,
about five miles away. They were accompanied by a police lieutenant, four police sergeants,
and about 40 policemen, in addition to their own attorney and an assistant city counsel. They
arrived at the Mayor’s home at 8:00 p.m.

They immediately began to march around his block, chanting phrases such as: “The
Superintendent must go, snake Umbard also”; “We are going to the home of the snake, the
snakepit is down the street”; “Hey, hey, what do you know, John Sharp must go.” They
carried signs which read, “Umbard Fire Sharp!” and “Sharp Must Go—Now.” They also
sang civil rights songs such as “We Shall Overcome” and “We Shall Not Be Moved.”

During this time, protest leader Jim Pence instructed everyone to keep marching, but not to
“answer anyone back.” He also told them, “Don’t worry about anything that is going to be
said to you. Just keep marching. If anyone hits you or anything, try to remember what they
look like, but above all, do not hit them back. Keep the lines straight and keep them tight.”

As the marchers continued around the block, neighbors began coming out of their homes.
Some of them placed lawn sprinklers onto the sidewalk, forcing the demonstrators to walk
into the streets. Others yelled out of their windows and doorways. By 9:00 p.m., 100 to 150

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spectators had formed a line of march ahead of the demonstrators, and by 9:20 p.m., a group
of over 1,000 people had gathered.

There were shouts and threats, such as: “Get the hell out of here”; “Get the hell out of here
or we’ll break your ___ head open.” Rocks and eggs were thrown at the marchers from the
crowd, and there were numerous attempts by members of the crowd to break out from
behind police lines which were protecting the demonstrators. Despite Jim Pence’s instruc-
tions, there was evidence of some demonstrators shouting back to counter-demonstrators,
and there were reports of several fights.

About 9:30 p.m., Police Lieutenant Tom Judson told Pence that the situation was dangerous
and becoming riotous. He offered a police escort for any who wished to leave. Three of the
marchers did so, but the remaining demonstrators refused. After a number of unsuccessful
attempts to persuade them to leave, the police arrested the demonstrators and took them
away in police vans. They were charged with violating a Midland disorderly conduct ordi-
nance which read:

All persons who shall make, aid, countenance, or assist in making any improper noise, riot,
disturbance, breach of peace, or division tending to a breach of the peace, within the limits
of the city, and all persons who shall collect in bodies or crowds for unlawful purposes to
the annoyance or disturbance of other persons...shall be deemed guilty of disorderly
conduct, and upon conviction shall be fined not less than $1.00 or more than $200.00 for
each offense.

The First Amendment to the United States Constitution reads:

Congress shall make no law...abridging the freedom of speech...or the right of the people
peacefully to assemble...

WITNESSES AND THEIR AFFIDAVITS


For the Prosecution—
1. Police Lieutenant Tom Judson
2. Mary Conway, a neighbor of Mayor Umbard

For the Defense—


1. Protest leader Jim Pence
2. Diana Robinson, a demonstrator who was one of the three escorted from the scene by
the police

Judson: From the outset, we knew there would be trouble. That is why we had 45 policemen
as well as attorneys on the scene. Generally speaking, the demonstrators were peaceful.
However, by about 9:15 p.m., the situation was getting pretty tense. I felt that the demon-

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strators had had more than ample time to voice their protest. The crowd was getting larger,
darkness had descended, and there was only so much that my men could do to keep the situ-
ation under control. When the demonstrators repeatedly refused to be escorted out of the
area, they left me no choice but to arrest them.

Conway: Ours is a quiet neighborhood. When the scores of demonstrators started marching
and chanting, not to mention the many police with them, it was like an invasion. Naturally,
there was no way for me to relax with all this going on and I was really in fear for my
personal safety and the safety of my family. I could see what was going on from my window,
and it looked like everyone was yelling at each other, there was some pushing and shoving,
and all sorts of chaos. The police were doing their best to keep the two groups separated and
I was sure glad when the police finally rounded up the demonstrators and took them away.
Some ugly things could have happened if they hadn’t acted as they did.

Pence: Throughout the march, the demonstrators had been peaceful and orderly. We were
very careful to avoid confrontation, but we wanted to state our opinion as clearly and effec-
tively as possible. It was the Mayor’s neighbors who were violating the ordinance—they
were shouting profanities, hurling rocks and eggs, and trying to break through police lines—
they’re the ones who should have been arrested. It was our right to refuse the police
escort...we had not done anything unlawful.

Robinson: Sure I was scared—it was like walking into the lion’s den. But we believed that
Sharp was not carrying out the law, and that Umbard could do something about getting him
to act. At no time did I see or hear any of us egging Umbard’s neighbors on. Jim had told us
to turn the other cheek and we were doing that. Yes, the police protected us, but that’s what
they’re supposed to do. We were just exercising our freedom of speech. It was the others who
were unruly and causing trouble.

JUDGE’S INSTRUCTIONS
“The questions posed by this case are by no means simple. On the one hand, we have the
precious right to freedom of speech, an absolute necessity in our open and democratic form
of government. On the other hand, we have the need to maintain public order and insure the
safety and general welfare of our citizens. Your difficult task, members of the jury, will be to
determine whether the defendants did in fact violate the ordinance in question beyond a
reasonable doubt. I want to emphasize that under our law, the police do not have the right to
stop a peaceful demonstration merely because a hostile crowd may not agree with the views
of the demonstrators. However, if you decide that the police made all reasonable efforts to
control the situation, then an arrest for an otherwise lawful demonstration may be made. You
have heard the arguments of both the prosecution and defense in this case. You may now
adjourn to consider the arguments presented and return to the court once a verdict is reached.”

This scenario was reprinted with permission from the Kansas Bar Association.

Mastering Competitive Debate Chapter 28—Mock Trial 231

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