Discourse Community Essay
Dorian Lavabre
Writing 2
MW 2:00-3:50
Discourse Community:
The American Mock Trial Association
The American Mock Trial Association (AMTA) is a foundation that holds annual undergraduate level mock trial competitions throughout the year. The AMTA has many of the features that represent a discourse community such as common goals throughout, intergroup communication, specific lexicon, literacy, and specific genres all of which are critical according to John Swales essay on discourse communities. Mock trials are imitations of lower court trials taken part by students in order to practice true court scenarios. Any undergraduate institution within the United States has the ability to register for the competition. The competition encompasses regional competitions where teams who do well, will then be moved to the national competition with about eight schools, and finally a championship between the two very best school. Both the regional and national tournaments are held everywhere throughout the nation and include 600 teams from 350 universities. In John Swales argument he claims that a discourse community has “a broadly agreed set of common public goals”. (471) The AMTA’s goal through court simulation is to teach students critical thinking skills, public speaking skills and for students to learn legal practices and procedures. (AMTA website) The universities and the students proceeding on the teams have a common goal to win the competition in order to receive recognition. Many of the teams are also made of students who hope to be future lawyers, and doing mock trial helps in showing their skills to law schools and law firm.
The AMTA has many levels of communication throughout the organization, which are essential to the community’s ability to function. These levels include individual team communication, communication between university teams, and the broad communication between the AMTA and its members. On the lowest level each university team comes together to organize their own practices and to develop their case. These teams may meet once a week to everyday of the week depending on what the group dynamic entails. At the individual university level, the various modes of communication used are faced to face contact, cellular devices and email. The communication between universities are done formally through email and then face to face during practice mock trials in preparation for the regional competition. During this stage of communication, the teams will share their ideas regarding the case but no specific details are shared in order to not give away key tactics that may be used during the actual competition. Lastly AMTA communicates with its members through mediated conversation, such as email, and newsletters. At this highest level, contact is less direct and the coordinators of AMTA do not have face to face contact until the final stages of the competition or ever. The main information that is passed on between the members of the AMTA are dialogues concerning the case and rules. This serves to insure that everyone gets a fair chance during competition. The actual competition is held in a real courthouse, which brings a sense of authenticity to the competition that is not felt when teams are meeting at their respective schools. Teams meet officially only six times over the course of the entire competition.
In a mock trial competition, primarily law jargon must be used in order to sound like a competent member. Speaking in a manner that is less formal would be considered very taboo and slang not pertaining to the case is inexcusable. For example, when speaking to the judge overseeing the case one would never great the judge by using the informal greeting “sup’, “wassup” or “what's good”. Instead the correct greeting would be “Hello your Honor”, the judge is always referred to as “your honor”. Specific law jargon such as objections are expected to be known by all the members of a mock trial team. This common lexicon among the entire mock trial community serves a purpose of educating students about legal terms they will encounter during their careers as lawyers.
A mock trial team is not like a sports team that may have a junior varsity and varsity, as soon as a person joins a mock trial team he or she is fully immersed into the competition. Mock Trial teams have multiple members with varying degrees of skill. It is up to the older members to teach the younger teammates everything they need to know to be successful. A team consists of two to three lawyers, up to eight witnesses, one court clerk, and one-time keeper and these positions are ranked respectively. The timekeeper is usually the newest member of the group and often takes that position to study court etiquette and court proceedings. The clerk is also a new member and his role is to mainly observe and learn. The witnesses are more experienced team members who study the in great detail and have a very good understanding of court proceeding and etiquette. The person playing the witness is vital to the team and may take a leadership role within the group. Lastly the lawyers are the most familiar with all parts of the case and mock trial system these are the people who are the best on the team. This ranking between novice and expert members, is important for the team because it allows growth and makes sure that everyone is prepared.
AMTA members are skilled in many different forms of literacy. A mock trial member develops the ability to read text on many levels as a response to how one must think about a case on many levels. A case is never black and with, it is always filled with grey area, finding the truth in the grey area is the challenge that faces competitors. Good public speaking skills are also required of a mock trial team member in order to be understood when giving the case. Members must also be able to read the energy of the room in order to best tell their argument. If a lawyer is discussing a sensitive matter of the case it is important that his emotions reflect how a real life lawyer may align his emotions. The ability to read the energy in a room also has much to do with the ability to read body language. In order to tell when a witness is becoming frustrated or feels uncomfortable. It is only when one becomes proficient in reading, speaking, and the analysis of body language that a person in mock trial can be considered literate.
Along with the different forms of literacy, the various rhetorical needs of this discourse community means that various genres were devised specifically for the competition. There are two essential genres made specifically for the mock trial competition. One of the most important genres used by the mock trial community is the case packet, which holds everything a member needs to participate in the competition. The case packet contains rules, procedures, an objection list, witness statements, and much more pertinent information. Without the case packet holding a mock trial competition would not be possible. Another genre devised for the mock trial competition is the roster in which all of the schools are placed. The roster does not have the school's name, but instead each school is assigned a number this is for the purpose of keeping anonymity. The roster also has room numbers for where each pair of schools will meet.
A fundamental text in particular for any mock trial competition is the witness statement. This is the foundation by which a case is built. The witness statement is found within a larger case packet which holds all of the information a mock trial team may use throughout the trial. Such as competition rules, learning objectives, preparatory reference cases, and pretrial motions. A witness statement is a personal recollection, by a fictional character, of the events which took place during an investigation preceding the trial. These statements are the only things by which the competitors can ultimately argue a defendant's guilt or innocence. A case is made or broken by how the teams interpret the information provided in the witness statements. The genre is centered around providing detailed information to the members of a mock trial team while still allowing enough objectivity to inspire critical thinking. In analyzing the form and context in which these witness statements are used one can see how a witness statement according to Dirk is the perfect tool to help “people get things done” which is why a genre is considered a genre. (255) A genre is a text, created when a specific rhetorical need must be met, it conforms to the contextual necessities of those using it over time. As Miller explains a genre is “typified rhetorical actions based in recurrent situations” (159) thus the witness statement over time has been developed to most benefit the member of a mock trial team. In other words, a genre first begins broadly and over time specifies and finds its niche within a particular discourse community.
The importance of the witness statement as a genre cannot be understated. Upon the first gathering of teammates, the group will sit, read, and analyze the witness statements and form positions on the case in which circumstantial evidence and direct evidence is found. The text is then used during the totality of the competition as a reference by everyone participating. The structure of the genre of the witness statement, is important because it is developed to be as usable to the mock trial competition as possible.
All witness statements are formatted in the same way with no variation. A witness statement includes a large bolded title which identifies whether the character is pro-defense or pro-prosecution, the character's name and occupation follows. The body of the text is written in first person in order to insure that a testimony is not being skewed by false interpretation. The first paragraph of all witness statements contain an introduction of a witness's name, age, occupation, and other credentials. This aids those who are playing the witnesses in the trial to develop an accurate representation of the character during the trial. The introduction paragraph also serves to qualify witnesses. The witness statement is also always written chronologically in order to tell the story accurately and without confusion. Usually the statement begins a day before the crime, and recalls all of the pertinent information the leads to the crime. Lastly a witness statement contains numbers running down the side of the page. These numbers start at one and run down the page consecutively. These numbers function as a point of reference for where a particular thing is said. If a witness says something inaccurate these numbers are important for guiding everyone in the court to where that particular thing was said.
The function of a witness statement is to aid in developing a case for the prosecution and defense. The witness statements have three different functional types, the expert witness, the character witness, and the eye witness. The expert witness provides opinion regarding trivial evidence based on quantifiable evidence. The character witness aids in forming circumstantial grounds for a defendant's innocence or guilt. An eye witness functions as a source for direct evidence in the case. Regardless of the type of witness it is important that all of the characters are written in a way that no one witness has more influence for the prosecution or defense. If one were to take a witness statement from an actual court case, there would be no way to control how the one witness would influence a case.
A witness statement is important in insuring that a case is interesting, unbiased, and allows for competition. A member can interpret a witness statement in any way he or she deems accurate, and base an entire argument on the storyline that he or she puts together. Which aids in fulfilling the discourse communities goal of inspiring critical thinkers. Because witness statements are written in the middle ground the amount of different ways one can prove guilt or innocence is vast. The member then must accurately speak about his argument and persuade the court to rule it his or her favor, which he or she is able to do because a mock trial member values good public speaking skills. The universal form and function of the witness statement stand by the value of justice and law within the mock trial discourse community.














