Students will use role playing to learn about the procedure and purpose of questioning witnesses for determination of fact in the adversarial process. They will discuss the evolution of justice over time, and so come to understand the historical motivations for our current system.
Mediation and the Adversarial Process
Students are first asked to resolve a hypothetical case via the adversary process. Each student is assigned the role of plaintiff, defendant, or judge. The plaintiff and defendant argue their case in turn, and the judge renders a decision. Students are then asked to reflect on the resolution. They are then instructed to resolve the same case via mediation, and to compare the two methods of dispute resolution.
Right to Counsel
In this lesson, students will look at the various dimensions of right to counsel. They will study how the meaning of this right has evolved over time with reference to specific landmark United States Supreme Court cases. Students will develop lists of reasons why such a right is important to the functioning of the adversary process. The lesson ends with an examination of the role of the criminal attorney.