Using role play for learning
This page, taken from the tutor version of Law in action: learning through scripted role plays provides an explanation of the purpose and educational benefits behind using role plays for learning, with suggestions for introducing them in the classroom.
On this page: learning outcomes and assessment | the role of the tutor | developing knowledge, skills and understanding | ethics and professional responsibility
What is scripted role play?
Imagine writing down the words that might be said in a court case – from the initial calling of the case to the final decision and reasoning of the court. There would be various participants – the court clerk, the magistrates, lawyers for prosecution and (probably) defence, and the defendant him or herself. If you did record the whole scenario, you would have a script. It is this concept we have adopted, creating a set of scripts covering a range of criminal proceedings in the magistrates court.
The scripts can be used as teaching and learning material. The process works like this. A group of participants is asked to act out the proceedings. The students are allocated roles by the tutor, or are invited to choose who they want to be in the proceedings. Some make tough magistrates!
This resource contains eight role plays, five scripted and three semi-scripted.
In the fully scripted role plays every word is provided – all the ‘actors’ have to do is to read their lines. The tutor explains what is to happen and calls out the number of each person in order of their role. The action can be stopped at any time, so that relevant issues can be discussed. At the end of the script the possible and actual outcomes can be debated. The role play can then be re-run with the same or different actors. These role plays are ideally suited to people who are unfamiliar with the workings of the court. They also provide a confidence boosting start to more experienced students – allowing them to get the feel for advocacy in a carefully structured way.
In the semi-scripted role plays key parts of the script are given, providing a framework for student presentation. Selected participants are asked to conduct their own research and prepare their own material, and at the appropriate moment in the script to make their contribution. This might be in the form of an application for bail, a plea in mitigation, or an announcement of the sentence to be imposed by the court.
The scripts can be downloaded from the role plays folder in three formats:
- as traditional play scripts, with a number of actors’ lines appearing on the same page
- tutor scripts
- student scripts
The tutor and students scripts are unique in that each actor’s lines are set out on separate, numbered, pages, so there should be no confusion as to who says what and when. No one has to learn their lines! Using the different types of script allows the tutor to introduce the format, personnel and general procedural issues in the magistrates court whilst also enabling him or her to focus on particular tasks, for example the examination of witnesses.
The availability of the fully and semi-scripted role plays provides considerable flexibility for the tutor and participating group. Not only can the scripts be used according to the needs of the participants, but each script can also be re-run, in whole or part, to go over material the tutor wants the group to focus on. Reliving the experience adds another element of realism, as anyone who visits a court in action will no doubt see – even on the same facts no one court may hear the same arguments or reach the same decisions.
Repeating exercises, either with the same participants or with others, enables everyone to take part in and then reflect on the processes involved. It also allows for learning in an incremental way – this is what happened the first time around, these are the issues that we need to discuss, and this is how it might be dealt with in any re-run.
The scripts are fictitious, but are inevitably based on an amalgam of our previous experiences as magistrate and advocate. As realistic as we think they are, the role plays are, of course, not the real thing. Therefore they can be re-enacted at will.
We have checked the scripts for authenticity with senior court staff and practising lawyers, and have piloted them in schools, universities and community settings. We are confident that the scripts are legally accurate (at least as at the date of publication – remember that the law is not a static thing – it changes through legislation and case law). We also believe that the scenarios provided realistically represent what happens on a daily basis in courts across the country. From the reaction of those pupils, teachers, parents, students, lecturers and prisoners who have taken part in the testing of the scripts, we think they are an invaluable aid to learning what goes on in the magistrates court. Judging by participants’ responses using the role plays also seems to be good fun – and who said that learning shouldn’t be?!
Why use scripted role play?
A great deal has been written about using role play as a teaching and learning methodology (see for example Brandes & Ginnis, 1986). Its reported success is in part to do with the realism of the experience. The scripts themselves are intended to capture that sense of reality. This can be enhanced if the role play is conducted in appropriate surroundings – ideally the courtroom itself. Once on their feet the ‘lawyers’ and other participants in the action, from court usher to witness, quickly assume an accurate representation of the role that they fill.
It is a common response from participants, particularly those that have seen the inside of a court (we strongly recommend that a court visit be arranged during the period when the role play sessions are due to take place), that the role plays feel like real court proceedings. We have on occasions used real magistrates and clerks, and they too felt that the proceedings were much like the real thing.
Using role play also brings another factor into the reckoning. If people are asked to assume responsibility for a part in any production it is likely that they will take the responsibility seriously, as their contribution, both individually and collectively, is vital to the success of the venture. It is a common experience of those who engage in clinical or hands-on education methods that participants generally warm to taking an active part in the learning process – the fact of participation improves the level of motivation (for student perceptions see Brayne, Duncan & Grimes, 1998, chapter 4 and p266). If one of the aims of education is to enhance the student experience and build on capacity for self learning, then our experience suggests that role play may contribute positively to this process.
How are the scripted role plays carried out?
The person organising the session explains how the role play will be conducted, ensuring that each role identified in the script is filled. Every contribution is numbered in chronological order. The usher calls on each case (number 1). The court clerk identifies the defendant and if relevant puts the charges (number 2), and so on. One person may have more than one oral contribution. As each contribution is numbered sequentially, the tutor (or other person responsible for organisating the session) simply calls out each number in turn. The person allocated that number reads out their script.
Even when using participants who are totally unfamiliar with the law and courts, providing they are able to read the words on the script, the ‘hearing’ should run smoothly – the tutor calls out the numbers and the ‘actors’ do the rest.
‘Stage directions’ are included in all the scripts, in the form of notes to assist the actors in playing their roles. If these are followed the action will unfold as if for real.
If the fully scripted role play is used nothing more is necessary (save for the insertion of the actors’ own names at certain points – these are indicated in the scripts), at least until the end of that particular court hearing is reached. At the conclusion of each case there is ample opportunity for non-scripted decision making and discussion.
If the semi-scripted role play is used some preparatory work will be needed to get to the point where there is in effect a full script – enabling the role play to unfold. The students have to be asked (individually or as a group) to go off and prepare their part(s) of the script. This may be to apply for (or to oppose) bail. It may be to present the facts to the court on a guilty plea or to do a plea in mitigation. It may involve examining witnesses or sentencing a defendant. This inevitably means that the students have to carry out some applied research and discussion with tutors and colleagues. Feedback – one of the fundamental features of good interactive learning – should be given to assist the students in undertaking the allotted tasks and to help the thinking or reflective process.
The use of the fully scripted role plays to kick off proceedings proved invaluable in the piloting of the scripts. This gives the students the chance to have a go and feel what it is like to ‘appear’ in court. The semi-scripted role plays can build on the students’ previous experience. With a little imagination and a modicum of work tutors and students could use a fully scripted role play (such as a bail application) that might then become semi-scripted for later hearings, for example the trial.
A case can be played out as a first appearance, with an application for bail and an adjournment for disclosure followed by further hearings, leading to a guilty plea and sentencing or trial. Different groups of students can be allocated to the prosecution and defence, so they can become involved in the case as it progresses. Role play can also be tied into other studies. It can for example be used when the class is discussing arrest, detention, evidence or sentencing elsewhere on the syllabus.
Regardless of whether fully or semi-scripted role play is used there are distinct learning opportunities following on from the role play itself. The tutor can initiate a discussion on what happened at the ‘hearing’. Participants will no doubt discover that different options and outcomes are possible. This may give rise to a detailed exchange on when, for example, bail can be refused or under what circumstances a person can (or ought) to be imprisoned. It might lead to a consideration of what a lawyer’s role is when appearing for the prosecution or defence. What can the lawyer properly say to the court in pursuing his or her objectives? What role do the court officials have in the conduct of proceedings, and are they accountable (and if so, how) for their actions? After such informed debate the role play could be re-run.
We suggest that this approach to learning is likely to be seen by participants as more interesting than a lecture on the criminal justice process, and, without intending to denigrate lecturing staff, perhaps more instructive as a result.
Visiting the court
When the role plays given here were first devised they were used for school visits, held at the local magistrates court. Students were given a brief introductory talk from court officials and then were asked to act out a couple of the role plays. Immediately following this the group was taken into the real court where they watched proceedings. Finally, a plenary session was held where participants could discuss the day’s experiences. Feedback was inevitably very positive – running the role plays in the court appeared to provide an additional dimension of realism and interest.
Whilst local courts are usually only too willing to host such events (subject to careful advance planning and the demands on court space and officers), we recognise that it may not always be possible to run role plays in conjunction with court sittings. Also, if the role play method of learning is to be used on a frequent basis, using the court may simply be impractical.
We want to emphasise that a visit to the court is an important component in the learning process and features strongly in our role play methodology. It reinforces the learning experience, and should, whereever possible, be built into the role play programme. The role plays given here are self standing, and the scripts work independently from each other, but a visit to the court, either before and/or after the event, will give the role play more resonance and provide much needed material for reflection.
In our experience magistrates and their staff are both willing and able to accommodate such visits. The Magistrates’ Association is keen to promote the work of the court and has established the Magistrates in the Community (MIC) Project. This initiative has the specific objective of raising awareness of the work of the court, and tailors neatly into the concept of learning through role play.
In any event the courts are, unless otherwise indicated, places that are open to the public, and anyone over the age of 14 is free to sit in the adult court and observe. As a matter of courtesy and to foster links with the court, advance notice of a visit should be given. The Clerk to the Justices at each court is the person to contact. Details are available in the telephone directory or via the HMCS CourtFinder.
Learning outcomes and assessment
Over recent years legal educators have made a great deal of progress in defining what it is that students are expected to learn and how this can be measured. Central to this is the concept of learning outcomes. In using the role plays it is important to be clear on what is expected of the participants – the exact detail will of course depend on the context in which the role play is used.
For example, if a scripted role play is run at an open day to attract potential students the outcome in learning terms will perhaps be limited to giving the participants a glimpse of what the criminal justice process is about, and, importantly, to showing that the law school is committed to interactive teaching methods. Performances at the session will be not be assessed (although the participants and any audience may form their own views of its worth).
By contrast, role play might be used on a third year law degree module in which students are required to demonstrate their understanding of sentencing options and policy, with those passing sentence in the role play assessed on the sentence handed down and the reasons given for it.
The learning outcomes in each instance need to be clear to both tutor and student, as should the means of and criteria used for any assessment. Consider the possibilities in the table below:
| Task | Learning Outcomes | Assessment |
| Bail Application (LLB Degree: Criminal Procedure Module) |
|
graded on scale of A-F (A-E = pass, A being highest grade, F = fail) on oral presentation and skeleton (written) argument, each comprising 50% of marks (detailed criteria for each provided by tutor) |
| Practical Legal Research – On Right To Public Funding (‘Legal Aid’) (Legal Practice Course: Skills Assessment) |
|
assessed as competent/not yet competent – must be assessed competent in each outcome for overall pass, must score 50% or above in each outcome to be adjudged competent (detailed criteria provided by tutor) |
| What Is The Function And Role Of The Magistrates Court? (National Curriculum: Citizenship) |
|
assessed by essay written following participation in the role play – essay maked out of 20 (pass mark 12) (assessment scheme and model answer provided to all tutors) |
Table: suggested learning outcomes and assessment criteria for tasks
When using the role plays given here we suggest that tutors first document the learning outcomes they intend (or have) to achieve, and then consider how they will know whether, and to what extent, these outcomes have been attained.
Space is given at the beginning of the tutor scripts for the inclusion of the outcomes and any assessment to be used. Assessment will not be relevant in each and every role play. Where it is, the form of assessment and the basis for it may already be determined by the school, college or university concerned. Where it is not, we suggest that tutors consider whether assessment would be helpful (not necessarily in terms of grading students, but in order to give structured feedback to the students and to allow the tutors to evaluate the success of using role play as a learning tool).
There are many possible learning outcomes that could be incorporated within the role play framework. These include demonstrating an understanding of, or competency in:
- the criminal process as a whole
- the skills of the lawyer in general and advocate in particular (interviewing, carrying out legal research, making submissions, conducting examination in chief and cross examination)
- ethics and professional responsibility
- the extent to which the Human Rights Act 1998 impacts on proceedings
- research skills
- sentencing practice
- the law of theft
- communication skills
- team work
So far as assessment is concerned, there are similarly many different approaches, which may use one or more of the following:
- oral presentation
- notes of submission or skeleton argument
- essay analysing the content and outcome of the role play
- examination (seen or unseen, closed book or open book, multiple choice or standard format (for example, answer three from five)) based on the content of the role play sessions (unless feedback is given we feel this form of assessment has limited educational value – pigs do not get fat through weighing!)
- file maintained by the team acting for the prosecution or defence
- reflective journal written by the students as the case progresses
- portfolio of work prepared by the students in relation to the case
Assessment also raises the issue of who assesses what. Should, for example, self and peer (student generated) assessment be taken into account? Should students be given individual marks or grades, or are the efforts of the team as a whole to be assessed? These are clearly issues that need clarification in each case.
The possibilities are many and varied. It is important to remember that whatever the purpose of the session (the designed outcome), it should be clearly understood by both tutor and student. There is a greater chance of reaching the anticipated target if everyone understands at the outset what they are working towards and how that progress can be monitored.
The role of the tutor
The tutor has a varied role. He or she is primarily a facilitator – enabling, perhaps even empowering, the students to take an active role in their learning. The tutor scripts contain the words to be used in the role play plus a commentary, enabling the tutor to interject at relevant points (either during or after the role play) to focus discussion on particular areas of concern.
The tutor is also there to make sure the role play works. The scripts can operate effectively in a wide variety of circumstances and settings, however the tutor should be familiar with the role play methodology so that it can be clearly explained to the participants. It is not necessary to be a qualified lawyer or a person experienced in proceedings before the court, although when dealing with practical and technical issues a degree of expertise may be needed. This is where the learning outcomes emerge again. If the purpose of using the role play is, for example, to conduct a detailed analysis of the rules of evidence, then someone experienced in this aspect of law and procedure will be required.
Enough issues are likely to be flagged up in just one scripted scenario to give tremendous scope for discussion on a wide range of matters. If the tutor comes across questions that he or she has no immediate answer to, others may be able to help. In the pilot phase we used several different people with particular areas of expertise to contribute to discussions. Tutors may well find that local practitioners, magistrates, judges, police officers and others are willing to come into the classroom to give their account of proceedings. Having these additional participants adds to the experience and the sense of relevance and importance of what is happening.
Developing knowledge, skills and understanding
Using scripted role play brings into focus distinct learning opportunities. The extent to which tutors use the material to serve one or more purposes will depend on the learning outcomes that have been set. Our experience suggests that specific knowledge areas can be addressed. Can someone be found guilty if he or she didn’t intend to bring about the consequences of the action in question? What is ‘public funding’ (formerly Legal Aid)? How can you become a magistrate? What is a ‘fair trial’? When can a person be sent to prison? Questions such as these address fundamental legal principles and rules. The role plays have been designed to allow students to discuss, and in some cases to research and prepare, answers to the legal issues raised. In this way the participants’ knowledge of specific and substantive laws should grow.
But role play is about more than just what the law says. The students we worked with found that they encounter a range of skills, some very relevant to a legal context (for example interviewing, research, advocacy and drafting) and others that may have more general application (communication, time management, team work and problem solving). These skills, most if not all of which are transferable to other working situations, are addressed head on in the role plays.
Students say that in acting out these cases they think about how they present what they do and say (even if this does not occur to them the first time round in the fully scripted scenario). A frequent comment is that their confidence has improved. They find working with others a valuable experience and they manage their time more efficiently. Role play provides an opportunity to work on these important life skills, and, if used sequentially, give the chance for participants to reflect on this and increase their skills levels across the board.
This may lead to what, in educational circles, has been termed ‘deep learning’ (Le Brun & Johnstone, 1994). Filling someone’s mind with facts and figures that they may (or may not) be able to regurgitate in an examination one day (but might well forget the next) does not fit this model. Enabling students to take ideas, play with them and apply them in a variety of different circumstances is more likely to foster levels of understanding that are more sophisticated and may be retained in the longer term. Using direct experience of a situation and process, as required in the role plays, provides an environment for reflective learning – one where the student is introduced to the discipline of critical analysis even in relation to what may appear to be simple concepts and straightforward processes. Getting students at whatever level of study to ask constructive but searching questions is surely one of the principal objectives of education?
Ethics and professional responsibility
One further matter must be raised. Anyone observing what happens in the criminal courts, let alone what happens in the wider world of law and practice, is likely at some point to question the moral and ethical basis on which law and the legal system may be said to be built. Balancing the rights of the individual with those of society poses many potentially difficult problems. In our primarily adversarial system, where lawyers fight corners and causes, significant issues fall to be discussed. How can a lawyer represent someone he or she thinks is guilty? Should a person who holds strong personal beliefs be allowed to use these as justification for actions that are defined as criminal? Should a child molester or rapist be treated in the same way as any other suspected offender? Is imprisonment (or any other form of punishment) morally tenable, and if so on what basis?
The work of the courts regularly throws up significant ethical and professional practice concerns. The role plays encourage discussion of some of these issues. For students engaged in study at the degree and vocational level the ethical dimension to law and practice is highly and obviously relevant, but others taking part in the role plays may rightly have views too. We will only get the lawyers and legal system we need if there is widespread debate and appreciation of the significance of law, lawyers and the legal process. Seeing law in action should prompt such a discussion.
Last Modified: 4 June 2010
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