Criminal Mock Trial

People of the State of California

Plaintiff
v

Cut Eye Higgins,

Defendant

Facts
Cut Eye Higgins, is accused of kidnapping, a violation of the criminal law,
as written in the California Constitution, Penal Code Sections 207, 208,
and 209. To prove that Cut Eye Higgins is guilty of kidnapping, the
prosecutor must prove beyond a reasonable doubt that Cut Eye Higgins
moved any one of the Jacksons’ a substantial distance, using force or
fear, and without their consent.

In addition, it must be proven that 1) the Jacksons were not fugitive

slaves, 2) and that Cut Eye was aware of this fact when he took them
forcefully.

Opening of Trial:

Bailiff: Please rise. The Court 1 is now in session, the Honorable ____________is
presiding.

(Everyone remains standing until the Judge enters and is seated).

Judge: Bailiff, what is today’s case?

Bailiff: Your Honor, today’s case is the People of the State v. Higgins.

Judge: I will decide this case solely on the evidence presented in this courtroom.

I will hear testimony of the witnesses, and will have to make judgments about the
believability of the witnesses. As the judge, I will listen carefully to all of the
testimonies until I hear the entire case.

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Is the prosecution ready? Is the defense ready?

Attorneys: Yes, your Honor.

Prosecution Attorney Opening Statement: Your Honor, my name is Praiseworthy

and I am the prosecuting attorney representing each member of the Jackson family
in this case. (First part of the student essay, prosecution’s summary thesis)
_________________________________________________________________________________________________
_________________________________________________________________________________________________
______________________________________________________________

Defense Attorney Opening Statement: Your honor, my name is ________and I am

the defense attorney representing Mr. Cut Eye Higgins, the defendant in this case.
We intend to show that Mr. Higgins is not guilty of the crime charged against him.
Student input: summary thesis:
_________________________________________________________________________________________________
_________________________________________________________________________________________________
______________________________________________________________

Bailiff: Witnesses, please stand and raise your right hand. Do each of you swear to
tell the truth, the whole truth, and nothing but the truth?

Witnesses: I do. (Mrs. Clapp, Jack, Sheriff (with Cut Eye’s credentials), Cut Eye
Higgins

Judge: Prosecuting Attorney, call your first witness.

Prosecuting Attorney Praiseworthy: Thank you, your honor; I call Mrs. Louise
Clapp to the stand.
(Mrs. Clapp walks up to testify, led by the bailiff)

Prosecuting Attorney Praiseworthy: Mrs. Clapp, would you please tell us where
you live, and your occupation.

Mrs.Clapp: Yes. I am Louise Clapp, also known as Dame Shirley. I write newspaper
articles for the Herald. I live in town, next door to the Jackson family.

Prosecuting Attorney: Have you ever seen Mr. Higgins, the defendant in this case?

Mrs. Clapp: Yes, I sure have. He is right there (pointing). He is the evil character
wearing the bow tie and the dirty jacket with the hole in it!

Defense Attorney: I object, your honor. Irrelevant, non-responsive, and unduly

prejudicial!

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Judge: Sustained. Mrs. Clapp, in this courtroom, we will refrain from name-calling.
Simply answer the questions asked of you to the best of your ability.

Mrs. Clapp: Of course your honor, I apologize.

Prosecuting Attorney: Let the record reflect that the witness has identified the
defendant.

Judge: The record will so reflect.

Prosecuting Attorney: When did you see Mr. Higgins?

Mrs. Clapp: I don’t remember the date but it was on the evening of the Town Hall
meeting, at about 7:00 pm.

Prosecuting Attorney: What did you see the defendant do on the night of the Town
Hall meeting?

Mrs. Clapp: He was swinging a sword cane at toward Mr. and Mrs. Jackson. He was
dragging Mrs. Jackson and her daughter, Sally, into the back of his truck, yelling and
screaming. He called them fugitive slaves…and said he had a warrant that
authorized him to pick them up. When Mr. Jackson frantically showed him what he
said were his family’s Free Papers, the defendant grabbed the papers from him.
Then he shoved them all in the back of the truck and secured the lock! The entire
family was crying out, and begging him to release them!

Prosecuting Attorney: After he locked the Jacksons in the truck, did you have any
other contact with the defendant, Mr. Higgins?

Mrs. Clapp: Yes, I tried to stop him, and I grabbed for the identified Free Papers.
The defendant shoved me to the ground!

Prosecuting Attorney: No more questions your honor.

Judge: Defense Attorney: Do you care to cross-examine the witness?

Defense Attorney: Yes, thank you, your honor. Mrs. Clapp, are you aware of the
Fugitive Slave Act?

Mrs. Clapp: Of course I am. I am a writer and very well educated!

Defense Attorney: That is well and good, Mrs. Clapp, are you so well educated that
you understand that the Fugitive Slave Act, written within the Compromise of 1850
states that it is illegal to (Student input here….)

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Prosecuting Attorney: Objection, your Honor. Hearsay and counsel’s tone is
argumentative. Mrs. Clapp is not the one on trial here.

Judge: Sustained. Restate the question, counselor.

Defense Attorney: Mrs. Clapp, are you aware that there is a fine of $1,000, even
possible jail time, for people who interfere with the capture of fugitive slaves?

Mrs. Clapp: Yes.

Defense Attorney: Yet you chose to break the law by trying to stop Mr. Higgins?

Mrs. Clapp: Of course not! I am a law-abiding citizen. The Jacksons’ are not
fugitives; I did not break the law.

Defense Attorney: Mrs. Clapp, you say that the Jackson’s are not fugitives.

Mrs. Clapp: That is correct.

Defense Attorney: Do you have documents that prove that the Jacksons are free
people?

Mrs. Clapp: I tried to get the Free Papers that Cut Eye Higgins ripped from Mr.
Jackson’s hands, but the defendant pushed me down and took off with them in his
truck.

Defense Attorney: Just answer the question, Mrs. Clapp.

Defense Attorney: Did you read these papers, Mrs. Clapp? Yes, or no.

Mrs. Clapp: No I did not.

Defense Attorney: Do you know for a fact that the papers you think you saw were
legal Free Papers? Yes, or no.

Mrs. Clapp: Well no. I ….

Defense Attorney: (interrupting) No further questions your honor.

Judge: You may step down Mrs. Clapp. (Bailiff escorts Mrs. Clapp to her seat)
Would the prosecution like to call another witness?

Prosecuting Attorney: Yes, thank you, Your Honor. I would like to call Jack to the
stand. (Jack is escorted by the bailiff)

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Prosecuting Attorney: Please state your name and your relationship to the
defendant, Mr. Higgins.

Jack: My name is Jack and I became acquainted with Mr. Higgins when I came
around from the Horn from Boston on the ship the Lady Wilma. He is sitting right
next to the defense attorney. He is the defendant.

Judge: The record will reflect that the witness has identified the defendant.

Prosecuting Attorney: In what way were you acquainted with Mr. Higgins?

Jack: Well, first of all we discovered that Cut Eye had helped himself to our passage
money! Then he stole Dr. Buckabee’s gold map, we kept him from getting hung by a
tree for horse stealing, and…

Defense Attorney: Objection, your honor. No foundation. This is clearly a young

man with a wild imagination!

Judge: Yes, Attorney Praiseworthy. I fail to see how this relates to the crime of
kidnapping. Sustained.

Prosecuting Attorney: I am attempting to bring to light these prior incidents so

that the jury can learn about the defendant’s character.

Judge: Were any of these prior incidents tried in a courtroom?

Prosecuting Attorney: Unfortunately not, your honor. One incident happened out
at sea, and the others happened when we lived under vigilante justice. California
did not have a Constitution at that time.

Judge: You are telling me that none of these alleged crimes have been proven in
court. The defendant has not put his character at issue as part of the defense. The
jury is instructed to disregard any mention of prior bad acts. Continue.

Prosecuting Attorney: No further questions, your honor.

Judge: Would you like to cross-examine the witness, Defense Attorney?

Defense Attorney: Yes, Your Honor…Isn’t it true that Thomas Jackson is your best
friend?

Jack: Yes.

Defense Attorney: Is it true that you would do anything to help your best friend?

Jack: Of course!

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Defense Attorney: Even make up stories so that he and his family were not taken
away?

Jack: Of course not, I am under oath! I have promised to tell the truth! (together
with Jack, Prosecuting Attorney starts speaking)

Prosecuting Attorney: I object, badgering the witness.

Defense Attorney: I take back the question. No more questions, Your Honor.

Prosecuting Attorney: Yes, Your Honor, I call Sheriff Jones to the stand… Sheriff
Jones, how have you been involved in this case?

Sheriff Jones: When it was brought to my attention that there may have been a
kidnapping, I called Cut Eye Higgins into my jailhouse office. I asked him if the
Jacksons were in his custody and if he had a court-ordered warrant for the Jackson
family.

Prosecuting Attorney: And what was his reply?

Sheriff Jones: He said he had the family in the back of his truck and he showed me
a warrant. He said he was given this warrant to pick up the family and take them
back to Mississippi.

Prosecuting Attorney: Do you have this document?

Sherriff: Not any longer, I gave it to the Defense Attorney.

Prosecuting Attorney: Judge, may counsel approach the bench?

Judge: Yes. (Both attorneys approach the bench and Prosecutor is furious)

Prosecuting Attorney: The law states I am to be made aware of any evidence that
might show that the defendant is not guilty before the trial begins. I was not told
that a warrant to take away the Jacksons’ had been submitted to the sheriff. How do
we even know this warrant is legal?

Defense Attorney: Judge, I would like to officially enter the warrant into evidence!
The warrant issued to Mr. Higgins is to arrest the Jackson family, as fugitive slaves.

Prosecuting Attorney: Why wasn’t I aware of this warrant?

Judge: This is too important and goes to the heart of the defense. We must enter
the warrant into evidence.

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Arabella: (Comes walking quickly down the courtroom aisle and is holding up
papers)

Prosecuting Attorney: Your Honor, may I have a moment?

Judge: Yes.

Prosecuting Attorney and Arabella: (Meet and she hands him papers, they
whisper head to head a few minutes)

Prosecuting Attorney: (walks back up to the judge) Your honor, I would like to
admit written evidence from this court that the Jacksons were granted Free Papers
in this very courtroom six months ago. (He hands the papers to the judge).

Judge: This is my signature on these Free Papers! In fact, counselor, didn’t you
represent the Jacksons with this case? It was illegal for them to testify because they
are African Americans, and you handled it for them.

Prosecuting Attorney: That is correct Your Honor.

Defense Attorney: There has been a mistake. These are fugitive slaves, not free
citizens we are talking about. I have the papers to prove it!

Judge: I will allow the admission of both the warrant for the arrest of the Jacksons
as fugitive slaves, which will be entered as Exhibit A, as well as the Free Papers,
issued by this court, which will be entered as Exhibit B.

The Court will take a recess so that both sides have time to study these two Exhibits.
Court will reconvene tomorrow, at the same time, 9:00 am. Court dismissed.
STOP READ THROUGH

Recess:

Class studies and analyzes the two documents: the Warrant and the Free Papers.

Do they both appear to be authentic? Why or why not?

What additional questions need to be asked?

What needs to be analyzed about each document?

How does the Fugitive Slave Act apply to this situation? (use handout on the law)

What will it take to convict Cut Eye of kidnapping?

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What will it take to prove Cut Eye innocent of kidnapping?

Do you need to change the final arguments your group decided upon?

Is there more you wish to add to your closing argument now that new evidence has
surfaced.

Court Reconvenes:

Judge: Yesterday, just before we broke for the day, new evidence was brought to the
attention of the Court and counsel. Counsel has had time to review the evidence and
it will be admitted. Exhibit A is a Warrant for the arrest of the Jacksons’ as fugitive
slaves; The Free Papers for the Jackson family are marked as Exhibit B. Please note
that the Free Papers were issued approximately six months before this trial began.
The decision must be made as to what “evidentiary weight” each Exhibit should be
given.

Prosecuting Attorney, call your next witness, but I remind you, that as African
Americans, none of the Jackson’s may testify.

Prosecuting Attorney: Your honor, with the admission of the evidence, the
Prosecution rests.

Judge: Does the defense intend to call any witnesses, or does the defense also rest?

Cut Eye Higgins: (Before the Defense Attorney can answer) I want to tell my side,
let me settle this.

Defense Attorney: (Shakes his head) Cut Eye, sit down!

Judge: Mr. Higgins, you have the right NOT to testify, Sir.

Cut Eye Higgins: I wanna testify.

Judge: It is your choice sir. Take the stand.

Prosecuting Attorney: Mr. Higgins, I am showing you what has been admitted as
Exhibit A. From which state courthouse did you get this warrant to arrest the
Jackson family as fugitive slaves?

Students: More questions?

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Cut Eye Higgins: What does that matter? I got it didn’t I? Look, I know about the
Fugitive Slave Act. Slaves can’t escape thinkin I won’t find ‘em. I can get a good sum
of money fer each one of ‘em. I got a whole truckload and I’m leavin’ tomorra. I’ll be
gettin that boy of theirs too ~ you bet I will.

Prosecuting Attorney: No further questions, your Honor.

Judge: Do wish to cross-examine the witness, Defense Attorney?

Defense Attorney: No further questions, your Honor.

Judge: I will now hear the lawyers closing arguments. What the lawyers say is in
closing arguments is not evidence, only what has been heard during the trial, or the
exhibits that were admitted is evidence. Having said that, Prosecution, you may
present your closing arguments.

Prosecuting Attorney: (Addresses the jury) Student arguments from essays will be
used here.

Judge: Defense Attorney, your closing arguments, please.

Defense Attorney: My client has been unjustly accused of kidnapping. Yes, the
Jackson’s who are fugitive slaves, were taken into custody. Exhibit A is the proof
you need that my client had the legal authority to do so. The prosecution has the
burden of proof, and has not proven beyond a seasonable doubt that the Jackson
family was kidnapped. I am asking you to find my client not guilty.
(Or have a student written final argument)

Judge:

Ladies and Gentlemen, I am going to read the law that will be followed as I decide
this case. Decisions must be made by looking at the facts of the case, and then, by
analyzing the laws of our Constitution. The rule of law must be followed.

In order to prove the charge that Cut Eye Higgins is guilty of kidnapping, the
prosecutor must have proven beyond a reasonable doubt that Cut Eye Higgins
moved any one of the Jacksons’ a substantial distance, using force or fear, and
without their consent.

In addition, it must be found that 1) the Jacksons were not fugitive slaves, 2) and
that Cut Eye was aware of this fact when he took them forcefully.

The jury will begin deliberation.

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