The residential students in the Criminal Law & Procedures class on the Eagan campus are in the process of creating a simulation of an actual murder trial that took place in Dakota County in 2002.  This process is known as a mock trial.  The purpose of the mock trial is to gain real-life experience of participating at each step of a murder trial, from investigation to verdict.  It brings to light the difficulties and challenges of trying a criminal case.  It also allows students to experience the trial process from all perspectives.  We are using a murder trial but you could use any criminal trial for the purposes of creating this learning experience.  The process enhances the decision-making and critical thinking skills of the students.   It is not what you see on TV!

So far we have acquired the incident report from the investigating Lakeville, MN police department, witness statements, and court transcripts from the actual trial which took place in Dakota County, MN.  We are using some of this as the foundation for examining the statutes under which this defendant was charged.   The witness statements and court transcripts help to define the issues in the case and assist in developing the proper line of questioning for both the defense and prosecution.  We are working as a group which allows each student to understand the entire process and collaborate on how we will proceed for each step. 

However, the most exciting thing we did so far was to sit in the actual courtroom where this murder trial took place!  Our class took a field trip to the Dakota County Courthouse and met with the 2 prosecutors (District Attorney James Backstrom and Assistant District Attorney Nicole Nee) and the judge (Judge Leslie Metzen) who tried this case!  It added a human element to this process.  It also allowed the students to ask specific questions about this case to the people who were involved from the initial charges through verdict and appeal.  THAT was an experience! 

The Lakeville, MN Police Department has a very good web page with an enormous amount of information about their efforts at fighting crime and other information and publications for public viewing.  Another very informative website with very valuable information is the Dakota County District Court site. 

We are collaborating with the U.S. Government Class and the Medical Law & Ethics class in this process.  The government class is going to draw up and serve the subpoenas/summonses for both the jurors and the witnesses while the medical class is going to provide our medical experts at trial.  The students from these classes will also be the jurors.  My students will be the courtroom work group (prosecution, defense, judge, and other court personnel), the bailiff, and the witnesses.  The role of judge will be in the capable hands of Rose Pogatshnik, Criminal Justice instructor, Rasmussen College, St. Cloud campus. 

Since this is still pretty early, I will post another update of how things are developing as we move closer to the trial date.  We still have to look at the rules of evidence and procedure to gain an understanding of the requirements for trial, the admissibility/inadmissibility of evidence, develop the entire dialogue, and practice for the trial.   We will examine the appeals process after the trial.  We still have lots of work ahead of us! 

While this process is complex, reality-based learning allows the participants to experience how the entire process works.  We will be holding our trial on Thursday, December 6, 2007 at 6:00 p.m. on the Eagan campus.  Everybody is welcome.

What do you think would be the most interesting part of preparing for and presenting a mock trial—especially a murder trial? 

What do you think some of the challenges would be?

From co-Author:

Liz Hurley-Felling, Criminal Justice/Paralegal Studies Instructor
Eagan Campus

Last week I attended the 50th anniversary of the Council on Crime and Justice, “Justice, Where Art Thou?” - A Framework for the Future Conference. 

The focus of the conference was on the Council’s report about crime and justice from the past fifty years and makes recommendations for changes going forward to impact the justice system that would make a difference on crime and justice in the United States, but in particular Minnesota.

The changes that the report suggests are as follows:

• Educate all of our youth
• Equal Access to Mental and Chemical Health Treatment
• Involve more fathers in raising children
• Eliminate legal barriers to successful re-entry
• Effective Offender rehabilitation and victim restoration

For criminal justice students and professionals, these will be the areas of greatest attention therefore spurring job growth and opportunity. 

Malcolm Gladwell, best selling author of The Tipping Point  was the key note speaker at the conference.  He stated that the criminal justice system has reached its “tipping point” and change must happen. 

The shift needs to be made from punishment to rehabilitation.  Prisons are overcrowded and most prisoners re-enter society at some point.  As Criminal Justice students and professionals, the Council on Crime and Justice is calling on us to pioneer that change and develop ideas and strategies to implement effective change. 

What are your ideas? 

What would you change about the criminal justice system?

This week a law enforcement officer snapped in Crandon, Wisconsin .   Deputy Sheriff, police officer, twenty years old and now a mass murderer.  How does this happen? 

Was it the lack of psychological testing by the TWO law enforcement agencies he worked for; Forest County Sheriff Department and Crandon Police Department?

Or was it his age (only 20 years old) given that he was not even old enough to have a beer with his fellow officers?  Applicants are always concerned that they are too old for police work.

Perhaps we're asking the wrong question. 

Maybe we should be asking, ...are they too YOUNG for police work?  However, would that be a double standard?  You can enlist in the army and fight for our country at 18, why not be local police officer? 

And what age is the right age? 

What do you think?

As Criminal Justice and paralegal students, you have finished your first week of education and subsequent career in the pursuit of justice.  Hopefully you have gotten off to a good start and are eagerly awaiting learning more about what you can do for tomorrows’ justice communities.

In your education and career, remember that it is important to know your factual tidbits, like the Bill of Rights and APA citation, but it is equally important to think critically about all that is happening and going on in the Justice community.  Criminal justice is a system of process founded on “innocent until proven guilty”.

In our ever increasing incarceration nation let’s not loose sight that we have to prove peoples guilt beyond a reasonable doubt.  As Andy Kahn states, “Our criminal justice system should be more concerned with public safety than with numbers”.   Safety and protection for both the victim and the offenders in the criminal justice process. 

So in your classrooms this week- be critical, bring up the tough questions.  Whether it is about the Jena Six or the increased prison rate,  be sure to speak up in class and use your critical thinking skills!