'On trial': tutor as silent witness

In this article from the Autumn 2007 issue of Directions Kirsten Hardie describes the use of mock trials to develop creative learning experiences in a new context. Kirsten, a National Teaching Fellow, teaches graphic design at The Arts Institute at Bournemouth. She is keen to develop collaborative activities with law teachers – contact her on e-mail: khardie@aib.ac.uk.

It is probably an uncommon occurrence for graphic design students to consider the practice of law. The relationship of design and law can however be evidenced in two ways – through the work of graphic designers, who create a corporate image for law firms, and through the advice and representation provided by legal practitioners for designers seeking legal protection for their work. Thus an established professional relationship already exists between the two distinctly different disciplines.

Law offers interesting opportunities for design students to learn from and through, such as the study of specific legal issues in the development of their own professional knowledge. The methods and processes of the practice of law are (very) generally understood through law’s diverse presence and portrayal in popular culture. Legal practice is made public, popular and attractive through the media – from the BBC news and Judge John Deed to the books of John Grisham, the practice of law is in part revealed. I have capitalised on my students’ familiarity with law’s popular depiction, transferring my students’ prior experiences and passive consumption of films and TV programmes to their studies as a context and vehicle for active learning relevant to their own discipline.

The ’On trial’ approach

To support the development of graphic design students as specialist creative practitioners who learn by doing, teaching must create ‘doing’ opportunities across the curriculum, both within and through combined practical and theoretical study. It can however be a challenge to engage practically and vocationally orientated students in the theoretical study of their specialism. The ‘On trial’ approach addresses this using the concept of the film/TV courtroom drama, with the courtroom as the context and vehicle to liberate and make deep learning more dynamic through enhanced teamwork, debate and presentation. ‘On trial’ moves away from traditional seminar or group presentations, using role play as a mechanism to release students from expected learning activities and to encourage them to be creative.

The approach consists of a student centred, problem-based activity, undertaken by all students across a course (for example 70+ first year graphic design students). One activity I set is centred around the 1964 First Things First manifesto by Ken Garland, and its revival in the First Things First 2000 manifesto. The manifestos promote the consideration of designers working ethically and the notion of design responsibilities – key issues relevant to the contemporary global warming and sustainability debates and developments.

Students are requested to defend and prosecute the manifestos in a mock court, undertaking key roles in relation to the nuances of court proceedings and their preferred learning styles. Thus roles of court reporter, film crew, press reporter and photographer work alongside those of witness, jury etc. To address the group size and ensure wider opportunities, the number of judges exceeds that of a formal court, making for lively and entertaining moments. In this way students actively research, critically analyse and reflect upon key issues relevant to their practice in a fun yet serious way. Related assessment activity – an essay submitted after the event – benefits from the shared experiences and group discussion of the trial.

Teaching without talking: tutor as silent witness

’On trial’ follows the teaching approach advocated by Donald Finkel in his book Teaching with your mouth shut (2000). Finkel advocates student centred learning where the student voice is amplified and the tutor is quiet. Thus ‘On trial’ positions the teacher as a coach who sets the problem, offers ground rules and guidance, and then steps back. The teacher becomes a silent witness and the students take centre stage.

The students are encouraged to watch classic courtroom dramas to gain an appreciation of space, movement, the pace and articulation of argument, non-verbal communication etc, and to explore creative ways of presenting convincing arguments and evidence – to operate within the format and formality of a law court and to apply their skills as graphic communicators. Many assume their roles with remarkable confidence and surprising accuracy – the courtroom strut and banter becomes evident, and helps some of the more shy students to adopt an approach that allows them to present in a way they perhaps would never have considered before. However, for some students the ordeal of role play in the trial context can be horrifying, so roles for participation in the proceedings without open showmanship are necessary. Ultimately the students learn to reflect and reason objectively, to consider and interrogate ideas, to evaluate critically and to make reasonable decisions. They present their cases using a variety of techniques – visuals as exhibits to evidence and illustrate their arguments, and on occasion film footage and interviews with designers to add professional weight to their case.

Following my paper on the ‘On trial’ approach at Learning in Law Annual Conference 2007 I have established collaborative development opportunities with law colleagues Gary Watt (University of Warwick) and Alisdair Gillespie (De Montfort University). Alisdair worked with my students in preparation for their 2007 ‘On trial’ event, encouraging them to consider the format, protocols and procedures of a court and legal systems in greater depth and to learn the nuances of the language and roles.

A further development in 2007 saw the participation in the trial of the manifesto author Ken Garland. The involvement of the core primary source meant that the students had to develop a more professional and in-depth approach to their defence and prosecution work. Calling Garland, fellow students and staff from across their course and beyond to the witness stand created exciting moments, as the students battled to win their case. Evidence was drawn from a wealth of designers internationally, who generously provided comments, observations and advice – some unique primary research was secured. The event was viewed by a gallery of students and staff from wider courses and institutions, and proved to be quite an afternoon – a learning experience for all involved.

Further reading

• Hardie K (2007) ‘‘On trial’: teaching without talking: teacher as silent witness’ in Art, Design and Communication in Higher Education 5(3):213-226

Last Modified: 9 July 2010