Picking up where Shakespeare left off…
What if Richard III had to stand trial for war crimes? What if Brutus were charged with Caesar’s murder? How would they fare in our current legal system?
Our previous mock trials have seen as the defendant (see more details below):
- Hamlet
- Prospero
- Richard III
- Brutus
Inspired by the efforts of former Supreme Court Justice Anthony Kennedy, the Society occasionally stages mock trials of Shakespearean characters for a greater appreciation of the plays through the device of courtroom drama. By this process, a chosen play is essentially taken apart, and its events reconstructed according to two differing viewpoints, the prosecution and the defense. For these scripted proceedings, we recruit real-life attorneys and seek to adhere as much as possible to the recognized rules of evidence and to current trial practices. Local actors play the roles of key witnesses, their testimony drawn largely from the texts of the plays, with the actors maintaining Elizabethan grammar throughout.
We thank all the lawyers and actors for participating in these efforts.
The Kingdom of Denmark against Hamlet
September 12, 2016: Mother Rosalie Hill Hall, University of San Diego
For our first trial, in September 2016, Prince Hamlet was prosecuted for the murder of the courtier Polonius in Act III. Queen Gertrude was called as the eyewitness to the killing committed by her son in her bedchamber. Also, Hamlet’s uncle, King Claudius described his nephew’s strange behavior leading up to the killing. And at the end, the defendant himself took the stand to explain how he felt threatened in Elsinore Castle and how, upon hearing someone shouting behind the curtain, he naturally assumed his mother had lured him there to be killed by his usurping uncle. Consequently, he argued that he had acted in reasonable self-defense.
- Hamlet ~ Andrew Gumm
- Claudius ~ Steve Jensen
- Gertrude ~ Susan Stratton
- Horatio ~ Samuel Young
- Rosencrantz ~ Mark C. Petrich
- Balthasar ~ Susan Benninghoff
- Presiding Judge ~ Larry A. Burns, U.S. District Court Judge
- Prosecutor ~ Anne Perry, Assistant United States Attorney
- Defense Attorney ~ Jan E. Ronis, Esq.
- Court Clerk ~ Thomas Haine, Esq.
- Director ~ Thomas Haine, Esq.
- Playwright ~ Gordon L. Gidlund, Esq.
The Kingdom of Naples against Prospero
September 10, 2017: Moot Courtroom, Thomas Jefferson School of Law
In September 2017, we chose The Tempest as our matter in controversy. We began with the premise that after the return to civilization, Prospero is accused of employing sorcery to intercept King Alonso’s ship and of mentally torturing the survivors while stranded on the island. Specific charges are brought for piracy, witchcraft, and false imprisonment. The former Duke, though, claimed the defense of necessity in seeking to escape the island with his daughter, a situation those prosecuting him caused in the first place by exiling him. Caliban and Ferdinand were called as witnesses to the brutality of Prospero. Miranda and Prospero testified to the desperate straits that they endured on the island. An expert witness was even called to distinguish white magic from black magic.
- Prospero ~ Jonathan McMurtry
- Caliban ~ Mark C. Petrich
- Antonio ~ Raymond Lynch
- Sidney St. John ~ Susan Benninghoff
- Miranda ~ Alexis Park
- Ferdinand ~ Thomas Block
- Presiding Judge ~ Bryan H. Wildenthal, Professor, Thomas Jefferson School of Law
- Prosecution Counsel ~ Anne Perry, Assistant United States Attorney
- Defense Counsel ~ Sam Bettwy, Adjunct Professor, Thomas Jefferson School of Law
- Court Clerk ~ Gordon L. Gidlund, Esq.
- Director ~ Thomas Haine, Esq.
- Playwright ~ Gordon L. Gidlund, Esq.
The Kingdom of England against Richard Plantagenet
September 23, 2018: The Veterans Museum at Balboa Park
In September 2018, our assumption was that King Richard III survived the Battle of Bosworth Field and was brought back to London to stand trial for the murders of various noblemen and of his two nephews in the Tower. Elizabeth Woodville and Lord Stanley testified to the defendant’s fiendish acts. The defense argued that Richard acted properly and expediently in executing traitors who sought to initiate a coup d’état against him, the rightful ruler. As to his nephews, he disclaimed any knowledge of their ultimate fate and pointed instead to an alternative suspect in the person of King Henry VII, who possessed both motive and opportunity to eliminate the rival Yorkist claimants.
- Richard Plantagenet ~ Josh Freeman
- Lord Thomas Stanley ~ Darryl Woodson
- Sir James Tyrrel ~ Adam Gilmore
- Elizabeth Woodville ~ Susan Benninghoff
- Sir Edmund Shaw ~ Martin White
- Richard Ratcliffe ~ Alexis Park
- Presiding Judge ~ Bryan H. Wildenthal, Professor, Thomas Jefferson School of Law
- Prosecution Counsel ~ Gordon L. Gidlund, Esq.
- Defense Counsel ~ Sam Bettwy, Adjunct Professor, Thomas Jefferson School of Law
- Court Clerk ~ Claire White
- Director ~ Darryl Woodson
- Playwright ~ Gordon L. Gidlund, Esq.
The Court-Martial of Brutus
November 7, 2021: Winn Room, Coronado Public Library
After a hiatus of two years, we resumed in November 2021 with The Court-Martial of Brutus. Our premise being that Brutus was captured alive at the Battle of Philippi, and on the orders of the Second Triumvirate, he was tried by a military tribunal convened in the field (à la Guantanamo) for his role in the conspiracy and assassination of Julius Caesar. Brutus pled not guilty by reason of temporary insanity due to psychological manipulation by Cassius and the prevailing mass hysteria of the time. A noted doctor of infected minds offered his diagnosis of the defendant’s mental state on the Ides of March.
- Brutus ~ Josh Freeman
- Calphurnia ~ Susan Benninghoff
- Casca ~ Kevin Manley
- Mark Antony ~ Michael Rodriguez
- Themison of Laodicea ~ Bill Glaser
- Presiding Judge ~ Bryan H. Wildenthal, Professor, Thomas Jefferson School of Law
- Prosecution Counsel ~ Sam Bettwy, Adjunct Professor, Thomas Jefferson School of Law
- Defense Counsel ~ Ashley Engelman
- Court Clerk ~ Gordon L. Gidlund, Esq.
- Director ~ Gordon L. Gidlund, Esq.
- Playwright ~ Gordon L. Gidlund, Esq.
For the future, we intend to mine other Shakespeare plays. Eventually, we may seek to hold Iago liable for the intentional infliction of emotion distress on Othello. Shylock may sue Portia for tortious interference with contract and abuse of process.
We certainly welcome any attorneys or court buffs who wish to be involved in these projects. If you are so intrigued, please contact Gordon Gidlund, our Director of Mock Trials, at gordon@sdshakespeare.org.