The Battered Woman Defense: A Classroom Mock Trial

a little justice
a little justice

The highly-publicized trial and acquittal of Barbara Sheehan, brings the subject of spousal abuse and the battered-woman defense to the front page. Wife Who Fired 11 Shots is Acquitted of Murder (NY TImes October 7, 2011).

This case brings to mind a battered-woman defense mock trial that I developed and used for many years with my seniors at Pittsford Sutherland High School (Pittsford NY). I found that participation in mock trials enabled students to hone their critical thinking skills, collaboration, and explore significant legal and social issues in a real-world setting. Here is a copy of the fact pattern for this mock trial in pdf format – The Donna Osborn Case.

I found that many students who had previously been labeled “academically at-risk,” excelled in the fluid environment of a trial. “Honors students” sometimes struggled with material that cannot simply be memorized for a traditional test.

Mock trials are not “scripted” events. Well-written, they should offer a reasonable chance for either side to prevail. While I provided students with the witness statements, it was up to their legal teams to develop prosecution / defense theories and prepare to serve as witness or attorney in a trial held before an actual judge (or attorney) and a jury of adults from the community. 

Each class was a separate trial held over a series of 5-7 days. (My classroom trials became so popular, that adults routinely stopped me in the grocery store to ask if there was another jury they could serve on. … Yes, but it has to be a case you haven’t heard before.)

The course was a one-semester politics and law class that included students from across the academic spectrum. Over the years, I found that many students who had previously been labeled “academically at-risk,” excelled in the fluid environment of a trial. “Honors students” sometimes struggled with material that cannot simply be memorized for a traditional test. This was a lesson that shaped my belief in fostering engagement with a more a student-centered and project-based approach.

To prepare students for this “authentic” assessment, they were introduced to rules of evidence and were given chances to develop their legal skills in preliminary classroom-based trial activities. The community-based trial was the “final exam” for the course. While the students were evaluated by me with a teacher-based rubric – the real mark of success was winning the case. That required developing a logical theory of the case, successfully communicating it to the jury, and skillfully restraining the opposition’s case.

After the adult jury rendered their verdict, they spent time with the class to explain the basis of their decision – highlighting both the successes and shortcomings of the prosecution and defense case. That was a real-world assessment that gave students valuable feedback on the difference between what they had intended to do and what actually “got through” to the jurors.

All trial testimony was video taped and catalogued in the school library for use by subsequent classes. Students carefully studied video tapes of prior trials to look for strategies that they might utilize. Having your trial video on a library “waiting list” was a peer assessment far more coveted than my evaluation. (Off loading content transfer to homework, so that classroom could be performance-based? Today we call that “flipping the class.”)

I developed the “Donna Osborn Case” after extensive interviews with police, district attorney’s office, medical professionals and advocates for abused women. The fact pattern was realistic and designed with many conflicting accounts that provided good material for cross-examination. While it had a solid evidentiary foundation, verdicts were often driven by belief systems that transcended the evidence and put jurors’ social values to the test. The fact pattern was carefully crafted to give both prosecution and defense a good chance at prevailing, and over the years I saw a fairly even split in verdicts.

In closing this post, I must give a big hat tip to good friend and attorney Jay Postel. The expert witness statements he crafted are a skillful distillation of both merits and shortcomings of the “battered woman defense” and the legal arguments against it.

Over the years I’ve received many interesting email from teachers across the world who have used the Donna Osborn Case. (A steady stream of emails suggests that mock trials may be especially popular with English language classes in China). I also have been amused by reoccurring theme – the student who needs help crafting their closing argument on the eve of summation.

Note: There are additional legal resources of interest to educators available for download at this link. They include simplified rules of evidence, as well as other criminal and constitutional appeals cases that I used in my class. Here’s a timeline of the facts of the Osborn case that someone posted on Dipity.

Image credit: flickr/orangesparrow

How to Flip Your Classroom – and Get Your Students to Do the Work

 backflip-1

Recently I shared lunch with colleague and friend, Mike Gwaltney. He teaches in a variety of blending settings both in class and online. We got into an interesting discussion about ways to deliver instructional content and learning process both in and outside the classroom. The conversation quickly turned to the notion of “flipping the classroom.” This is the idea that teachers shoot videos of their lessons, then make them available online for students to view at home. Class time is then devoted to problem solving – with the teacher acting as a guide to teams of students. It’s a great approach that flips the delivery of the lesson to homework – it’s like a TiVo time shift that can reshape your classroom. More about flipping here.

Watch this video to see flipping in action – cool graphics courtesy of Camtasia Studio.

Both of us admired teachers (like these in the video) with the time, technology and talent to do video productions – but questioned how many teachers would be able to morph into video producers. Moreover, with the growing catalogue of free online content – we questioned why a teacher would even want to bother to produce their own online material. As Mike quipped – “why would someone video their own Lincoln lecture – when you can watch Gary Wills online?”

Flip the delivery of the lesson to homework – it’s like a TiVo time shift that can reshape your classroom.

Ultimately, we saw flipping the class as a great opportunity to engage our students in taking more responsibility for their learning. Why not let your students curate the video lessons from existing content on the web? As a follow up to our chat, here’s my seven-step how to:

1. Start slow! Pick a single upcoming lesson or unit that you already plan to teach.

2. Recruit a few of your savviest students to do the research to find existing online video material to support the lesson. They should include a text overview defining what the students should be looking for in the video.

3. Also work with the student team to develop an in-class activity that students will do after viewing the video.

4. Post the video lesson to your content manager. Don’t have one? Just use a free Google website – very easy to embed or link to videos there.

5. Then run the video as a pilot lesson for the whole class. Part of their assignment is to decide what they like (and don’t like) about the each component of the lesson. In other words, they assist in the design of rubrics for selection of videos and integration of the video lessons into a classroom activities.

6. Then repeat step 1-3 until you get a good basis for selection of future videos.

7. Repeat 1-6, as needed, until your students have curated a collection of online content to support your classroom. They would also be responsible for better defining what constitutes “high-quality” online content and how that can be best used to support a more student-centered classroom.

Extension: You might even consider adding some pre-assessment for upcoming units – using a formative pre-test or student self-assessment rubric to let students decide which elements of an upcoming unit need video support. Then based on the formative assessment – assign teams of students to curate online content while you work with them in class to design future follow up class activities. If this process works, think of all the class time you would free up. No concerns of running out of time to “cover” the required material. Instead of class time being filled with the pointless transfer of information from teacher to student, you and your students would have the time to apply and explore the content in a more engaging and project-based classroom. Who knows you might gain so much time that you’ll have the chance to discover your inner Scorsese – and go on to produce your own instructional videos?

Image credit: flickr/Nasser Nouri

Revising Advanced Placement: Will Thinking Beat Memorizing in the New AP Tests?

Think by Stig Nygaard

The NY Times recently showcased the proposed revamping of the AP program and testing – “Rethinking Advanced Placement” (1/7/11)

“A preview of the changes shows that the board will slash the amount of material students need to know for the tests … The goal is to clear students’ minds to focus on bigger concepts and stimulate more analytic thinking. … Trevor Packer, the College Board’s vice president for Advanced Placement, notes that the changes mark a new direction for the board, which has focused on the tests more than the courses. …’We really believe that the New A.P. needs to be anchored in a curriculum that focuses on what students need to be able to do with their knowledge,’ Mr. Packer says.”

In recent years, many high schools have stopped offering AP courses, and a growing number of universities have raised AP score requirements or no longer award credit for the test. Memorization might have been a valued skill when AP testing began in 1956, but today many AP courses have become little more than relentless test prep.

As the College Board phases in the new courses and tests over the next few years, more teachers will feel free to restructure courses to support greater depth and student-centered inquiry. I urge teachers to forge ahead courageously. My experience teaching AP in “seminar approach” back in the 1990’s convinced me that advanced placement can be much more engaging than memorizing loads of information for an exam.

I was fortunate to have been mentored in that format by senior members of my high school social studies department – a hat tip to Brian Bell, Jim Wittig and Pete Crooker who pioneered the seminar approach used in our AP social studies classes. BTW – Our students scored very well on the AP exams.

Class size typically ran between 24 – 36 students. All students in the class would meet one day per week in a large group session. This might be used for unit testing, or to introduce or conclude a seminar with a lecture or full group discussion. The large group was also was divided into 4 seminar groups of 6-9 students. They would meet with me one day per week. Thus each student met one day per week in seminar and another day in large group. During the remainder of their week they worked independently or with their seminar group in preparation for the upcoming assignment. Today, we would call that “flipping the classroom.”

Of course, there were many weeks that were modified because of vacations and other interuptions – but you get the idea. Our high school was on traditional 8 period schedule. These AP classes were taught in a double period configuration of about 95 minutes for either the seminar classes or large group sessions.

My first experience was teaching one semester of AP US History while one of my colleagues was on leave. I focused on essential questions that fostered greater depth and relevance. Thus the typical question – “Should the Constitution be ratified?” became “How powerful should the national government be?” Anyone following the reauthorization of NCLB or the proposed health care legislation knows the enduring relevance of that question. For more on that approach, see my post “Essential Questions in American History: The Great Debates.”

After my semester of APUSH, I settled into my primary AP assignment – one semester classes in AP American Government / Politics and AP Comparative Government. There I used the seminar approach to give students guided experience in research, critical thinking, collaboration and presentation.

Visualize the typical American government lesson. Teacher standing up front asking students to follow along as they go over the diagram of “how a bill becomes a law.” Contrast that with an outline of one of my AP US Gov seminars on the same topic.

Congress and the Lobbyists
This extended seminar will investigate the relationships between Congress and the lobbyists. You will develop an investigative report which will ultimately answer the question “Does Congress represent the needs of its public constituency (the electorate) or its financial constituency (its contributors)? Weekly seminar abstracts will be used to prepare Tabloid TV-style PowerPoint report in support of your investigation. To see the full seminar assignment click here.  

Students were assigned a member of Congress who sat on one of the major committees. Their task over the next few weeks included researching and developing the following:

  • Demographic / political profile of their legislator’s elective constituency.
  • Profile of their financial contributors.
  • Committee jurisdiction and major lobbyists.
  • Voting record on legislation of interest to their elective constituency and financial contributors.
  • Their answer to the seminar question with supportive reasoning.  
  • Presentation and reflection

The latest word from the College Board says that they plan to delay their implementation of the new AP US History until 2012-13 See: “New Advanced Placement Biology Is Ready to Roll Out, but U.S. History Isn’t
I hope that won’t delay teachers from realizing that they can get students prepared for the AP exams without resorting to a force-fed test prep model of instruction.

Historian

My SlideShare of DBQ resources / strategies for students historians

“Think” image credit flickr/Stig Nygaard

Students Can Create Videos to Teach Us “How To”

There’s an emerging genre of internet videos that fall into the category of “how to’s.” Lots of folks are offering up instructional guides for how to do everything imaginable from How to Chill a Coke in 2 Minutes to How to Fold a Towel.

Explaining “how to” requires students to research a subject, evaluate what’s important, and create a guide for someone else to follow. It gives them an opportunity to write for an authentic audience and purpose and use skills that rank very high on Bloom’s taxonomy.

If you want to get your students writing and shooting these videos here’s some suggestions:

1. Get the new Flip Ultra video camera – remarkably easy to use and only $114 at Amazon. Works with Mac or PC. I’ve been using one for a few months and I’m impressed with the sound and image quality and the simplicity of use.

2. Have students take a look at this ingenious “how to” done by Common Craft – no elaborate props or on-screen talent required. The Flip camera won’t be able to shoot as closely as the Common Craft video below, but students can easily recreate the look on a larger scale using the classroom white board and the optional Flip Ultra tripod ($14 at Amazon).

3. Post the video to TeacherTube – a safe alternative to YouTube.

OK – time to make a movie!

Note on editing. The Flip video comes with its own software that works with Mac or PC. Ingeniously, the software resides on the camera and works anytime you plug the Flip USB into a computer.� The Flip video files are created in an AVI format that can be edited on a PC using software like MovieMaker. Mac iMovie won’t accept the Flip video AVI format directly, but you can convert an AVI file to a (iMovie-friendly) m4v file format using free iSquint software. Students can design, shoot and edit the video, then do a voice over. That way they can focus on the visual message separately from the audio message.

8/08 Update: The latest version of Flip video software will allow direct import of files into Mac iMovie!