Trial by Jury: Still the Best Way

By David Wemple

Few large cities more thoroughly represent traditional, bedrock American values than Indianapolis, Indiana. And yet a recent courtroom trial in the northern suburb of Carmel ended with two decisions that most Americans would hardly expect to have come from the nation's heartland: The Palestinian people were awarded a state of their own and Jerusalem became an international city under protection of the United Nations.

The judge was real, the two consulting attorneys were real, and the 14 jurors were real. But this was a trial with a difference. It was a seniors' project for an international relations course at Carmel High School, and a unique experience for 25 soon-to-be-graduates.

Lee Lonzo, an attorney who also teaches the course, had read an educational journal article that suggested using a trial format to help teach "values" issues. "The article talked about things like environmental issues," he said in an interview, "but it seemed to e a perfect vehicle for teaching this course. A trial would be the ultimate exercise in argument and debate."

Preparing for the "trial" involved a lot of work, including finding a judge, two attorneys, and several jurors who were willing to give up at least a day of their time to be involved in the project. For some, transportation and boarding also had to be arranged.

But the students themselves—more eager to jump into the upcoming summer vacation than a Middle East quagmire—bore the final responsibility for doing research, conducting interviews, and preparing arguments for each party in the petition of The Palestinian People vs. The State of Israel. By all accounts, they met the challenge with outstanding results.

"I was very, very impressed by the way all of the students prepared for the trial," said Fred Musleh, president of the Indiana Chapter of the National Association of Arab Americans, and one of the expert witnesses contacted by the students to testify for each party. "Most people have little awareness of the world beyond their own community, much less of the Middle East. I even learned a few things that I hadn't known from their research!"

Preparing to defend one of the two parties involved, students were forced by the presence of real legal authorities and a courtroom setting to adhere to strict standards of civil procedure in presenting evidence, arguments, and testimony. It was a crash course not only in law, but in history and communications as well.

By May 11, 1987, the necessary research had been conducted, two expert witnesses had made their services available to each party, and it was time for the trial. Both teams of students presented their cases, and jurors were left to render their decisions based on the validity and force of the students' arguments. Their verdict: By a vote of 10-4, the Palestinian people were awarded a state of their own and, in an 11-3 vote, Jerusalem became an international city under UN protection.

It was a unique experience from which everyone walked away a little wiser. For students and jurors alike, there had been an intense exposure to many basic facts of which they had not been aware. According to Shelli Wilson, one of the students involved in defending the Palestinian side, "When we started, half of the students did not know where the Middle East was, and those who had heard of it associated it with terrorism." By the time their three-week experiment had ended, a great deal had been learned.

"I'm sure that it was one of the highlights of their high school careers," Lee Lonzo reflects, "and a lot of them will never look at the Middle East in quite the same way ever again." So impressed was he with the students' enthusiasm and efforts that he plans to repeat the "trial" in future classes.

David Wemple is a writer living in Albany, New York.