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“‘No fair!’ said Jessie. She pointed to the four chocolate chip cookies that her brother, Evan, was stuffing into a Ziploc bag.”
Jessie angrily notes that if Evan takes four cookies of the six in the jar, she will only receive two. This opening conversation alludes to the important and recurring theme: Justice and Fairness, around which the events of the story center. It also illustrates how Jessie focuses on small details, a trait that will lead her to feel over-confident in the trial she orchestrates.
“Jessie knew that Yom Kippur was a very serious Jewish holiday. She couldn’t remember what it was. But it was definitely serious. You were not supposed to write the word par-tay! after Yom Kippur.”
Jessie’s irritation at the word “par-tay” written on her lunch calendar characterizes her as a very serious character, skeptical of playfulness or silliness. This serious attitude influences her decision to create a courtroom and put a fellow fourth grader on trial. While well-intentioned, her seriousness sometimes complicates situations in the story.
“She had already noticed that most of the fourth grade girls didn’t carry backpacks. They carried their books and binders and water bottles and lunches in slouchy mailbags. Jessie thought those bags with stupid, the way they banged against your knees and dug into your shoulder. Backpacks were more practical.”
Jessie’s preference for a backpack over the more fashionable mailbag further characterizes her as sensible and practical. That she puts that much thought into her choice also hints at her desire to control every situation. A sensible backpack won’t slap against her; it allows her to be in control of her belongings in a way that does not injure or annoy her.
“As far as Jessie was concerned, Scott Spencer was a faker and a fraud. He was always doing something he wasn’t supposed to be behind the teacher’s back, and he never got caught.”
Jessie’s pre-existing resentment of Scott is made clear. She has observed Scott’s behavior, assessed his character, and already decided his guilt, all before designing a trial that will support her preconceived notions.
“Scott Spencer got an Xbox 2020. Why do you think he got the money for that?”
Jessie’s note to her brother Evan casts suspicion on Scott and sets the novel’s events in motion, inspiring Jessie to organize the court case. Everything that follows is based on the assumption implied here: Scott bought the Xbox with stolen money. The only problem, as revealed later, is the assumption is incorrect.
“Evan crushed the note in his hand. Suddenly he didn’t feel like laughing and joking around with his friends. Suddenly he wanted to punch his fist through the wall.”
Evan is characterized as angry and sometimes violent. His extreme reaction to Jessie’s note foreshadows Evan’s violence later when he faces off against Scott on the basketball court after the trial. He’s a young man with a short fuse, and here it is likely fed by his jealousy of a peer who seems to want for nothing.
“Evan wanted Revenge.”
Evan’s intense anger at Scott is evident. The desire for revenge is motivated by Scott bragging about how he purchased the Xbox with his own money. Evan’s feelings are a mix of jealousy (Scott has an Xbox and he doesn’t), resentment (Scott may have used his money to buy the Xbox), and old-fashioned anger (Scott is an annoying braggart). This rage will culminate in the basketball game after the trial, during which Evan intentionally injures Scott, an act that leads Evan to regret, remorse, and then reconciliation.
“Jessie had a lot of thinking to do. Not just about rules and recess. But about how unfair it was that Scott always escaped punishment—and what she could do to change that.”
Unlike her hot-headed brother, Jessie is cool, calculating, and meticulous. Her motivation is to bring Scott to justice. His guilt is assumed based on his previous rule-breaking at school. Jessie’s desired outcome influences how she creates the court and trial that will enact “justice.”
“‘Jessie showed me that. She is a math genius, huh?’
Evan didn’t say anything. Having a sister who is smart enough to skip a whole grade was like having a best friend who was a basketball star. It made you look bad by comparison.”
Jessie skipping a grade causes some tension in her and Evan’s relationship. Already the jealous type, Evan feels inadequate next to her intellectual achievements.
“I’m serving you a warrant for your arrest.”
Jessie’s trial gets underway when she serves Scott a warrant for his arrest. Jessie has devised a construct—a playground courtroom with assigned student roles—to bring Scott to justice. Within this construct, Jessie imagines herself reigning supreme. Although she does not assign herself the role of judge, she believes she is clearly in control of Scott’s fate. Because her expectations come crashing down once the trial begins, the serving of the warrant is a high point for Jessie in the novel.
“Scott Spencer, you are hereby charged with the crime of stealing $208 from the pocket of Evan Treski’s shorts on September 5th of this year.”
Jessie researches legal processes to ensure that her language is consistent with that used in American courts. This adds legitimacy to the trial and allows her to appear smarter than the average fourth grader, which she likely is.
“If you are found guilty, your punishment will be that you have to give your new Xbox 2020 to Evan Treski.”
Jessie stipulates that if Scott loses, Evan must be given the Xbox. This adds suspense to the trial, as it increases the consequences if Scott is found guilty.
“If Scott Spencer is found not guilty in a court of law of the crime of stealing $208 from the pocket of Evan Treski’s shorts on September 5th of this year, Evan and Jessie trust he will stand up in Morning Meeting on Monday and will tell the entire class that Scott Spencer did not steal $208 from the pocket of Evan Treski shorts on September 5th of this year, and they will apologize to him for telling lies.”
If Scott is found not guilty, Jessie and Evan must stand up in front of the entire class, an event that would be humiliating for them both. This adds suspense to the trial, as all the children have significant consequences for losing.
“‘Good,’ said Jessie. ‘Defend yourself.’”
If Jessie were genuinely motivated to achieve a fair trial, she would insist that Scott have a lawyer to represent him. However, Jessie is more concerned with her notion of justice, which has already determined that Scott is guilty. She has no regard for actual fairness because if she did, she would ensure that Scott had good representation. Her main concerns are the spectacle of the trial and finding Scott guilty in front of all the students.
“He stared at Paul and then Ryan with an expression that said, “Traitor!” but neither one of them said anything in return. Finally, Evan said quietly, “I can’t believe you’re going to his house.”
Evan is angry at his friends’ disloyalty for spending time with Scott and playing on his new Xbox, which Evan believes Scott bought with Evan’s money. He feels betrayed by their decision and angry that they are not standing with him against Scott. It’s a lonely moment for Evan. Before, he was angry at Scott, a classmate who wasn’t a friend, but now he finds himself angry at two friends.
“She’s written out index cards for David Kirkorian that told him exactly what he was supposed to say during the trial.”
Jessie believes that with extensive preparation, she can control the outcome of the trial. One part of her preparation is selecting the judge and writing the script for him. Later, she learns an important lesson that she should not have imposed her agenda upon the trial and that she can’t control the actions of everyone around her.
“‘Scott doesn’t have a lawyer,’ she said. ‘The sides aren’t even, so it’s really not, you know, fair. I mean, to Scott.’”
Megan correctly points out that the trial is inherently unfair because Scott does not have a lawyer to represent him, foreshadowing her decision to volunteer during the trial to represent Scott. She does not share Jessie’s vendetta, so she is more clearheaded in her views of justice and fairness.
“Evan watched as Megan handled the ball, watching the way her ponytail bounced back and forth and her bracelets danced up and down her arm.”
Evan’s attraction to Megan is made clear in his fixation on her appearance. He is a young boy with a crush, noticing every detail about the object of his affection.
“Jessie called up the witnesses one by one, and each boy said the same thing: Scott had gone into the house to use the bathroom, came out a while later dressed, and then rushed out the door. Hearing the story five times made it seem like it was the absolute truth.”
At first, the trial seems as if it will go in Jessie and Evan’s favor. Scott’s behavior on the 5th of September was definitely suspicious, and the boy’s testimonies are consistent. At this point, the reader could safely bet that Scott will be found guilty.
“‘I took it from your lockbox,’ said Evan, looking at her like he wanted to squash her like a bug.”
Evan is forced to admit that he stole the money from Jessie in the first place, which makes a black-and-white case a lot grayer. The case is now about Scott stealing money that Evan stole (or borrowed) from his sister. This detail, which followed Evan’s classmates demanding to know why he had so much money, makes a turning point in the case because it represents a topic Jessie wanted to avoid and shows that she is losing control of her trial.
“‘Was that my money, too?’ Megan asked. She looked straight at Evan. ‘Was half of that $208 mine from the lemonade stand?’”
This is Evan’s second humiliating trial moment, occurring right after he admitted taking money from his sister’s lockbox. This one is more painful because it reveals that he betrayed Megan, the girl he likes, by losing her money as well as his. Evan didn’t ask Jessie to orchestrate the trial, but he went along with her plans. Now, he is paying the price by facing humiliation on the witness stand. These embarrassing moments will feed the rage to come, and that anger will lead to a turning point, where Evan will find a path to empathy, compassion, and communication.
“Everyone in the courtroom stared at Jessie. And all Jessie could think was that she had just told a lie in court. And everyone knew it.”
Jessie is proud to be viewed as fair and principled. Thus, she is embarrassed and ashamed when her classmates recognize that she has lied in court. The veil has been pulled back. Everyone can now see that her determination to find Scott guilty has clouded her judgment and led her to make poor choices.
“‘That would be me.’ Megan stood up from the audience and walked to the front of the courtroom.”
This is Megan’s turning point when she moves from audience to trial participant. She had already noted that the trial, as devised by Jessie, was imbalanced and unfair to Scott. She also has just learned that her money, taken by Evan from Jessie’s lockbox, had been stolen. Despite Scott’s possible involvement, Megan’s integrity leads her to volunteer to represent him. She exhibits actual fairness and true justice at this moment.
“I’m sorry about the basketball game yesterday and the trial and everything. Look, you say you didn’t take the money, and that means you didn’t take the money. And I’m sorry I made such a big deal out of it and that I was such a jack.”
Evan decides to apologize to Scott, and his kindness motivates Scott to admit that he did steal the money. The boys apologize to each other. Davies suggests compassionate communication is better for solving disputes than angry accusations and violent encounters. At the end of the story, both boys have an opportunity to start over with each other and rebuild their reputations with their peers.
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By Jacqueline Davies