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Title: The Trial of the [18th] Century
Goal: To learn the details of the "Boston Massacre,"
and find that the true story of the event is very different from
the legend. They will also learn about life in occupied Boston.
In addition, the students will learn about our modern judicial
system through a mock trial.
Note: The actual trial was conducted in the British courtroom
tradition. However, the mock trial is modeled using modern American
courtroom procedures, which the students will be more familiar
with.
Grade level: This lesson is designed for the eighth grade.
Time: Allow 1 hour for preliminary writing, handing out parts,
and planning. Additonal planning can be done outside of class.
Allow 1 hour for the actual trial.
2 hours, total.
Standards: Civics & Government [Grade level 5-8]: I-B-2; III-E-1;
III-E-3
History (American) [Era 2] 3A; [Era 3] 1A
Objectives: 1) The students will participate in a mock trial modeled
after the trial of the five British soldiers following the Boston
Massacre in 1770 to find the actions of the soldiers justifiable
or not.
2) The students will write a brief paragraph on their thoughts
on the Boston Massacre and if they thought the verdicts were correct
or not, backing their statements up with good reasons and thinking.
Procedure:
1. The teacher will first ask the students what they already know
about the "Boston Massacre." The teacher should also
pass around a copy of Paul Revere's engraving of the Boston Massacre
and ask them if it matches their view of the event. Students should
write both responses down on a piece of paper, which the teacher
will collect.
2. The teacher should pass out to each student a brief, objective
account of the Boston Massacre, and let the students read it to
themselves.
Note: For the sake of the trial, it is important that the teacher
not inform the class of the real trial verdict of 1770 until the
very end of the lesson.
3. The teacher should then announce that the class will be having
a mock trial of the British soldiers. The teacher should read
the list of characters (defense lawyer, juror, etc - see attached
list), inform the students what is expected of each character,
and ask for volunteers for each part. If no one volunteers for
a part, the teacher should assign the parts. An explanation of
each part (also attached) should be given to each student as the
part is assigned
4. When each part is given out, allow the students to meet in
the following groups: a) jurors, b) the defense lawyer and witnesses,
and c) the prosecution lawyer and witnesses. Each group's task
is to plan out strategy for the trial.
a) The Jurors should decide how to determine if the soldiers are
guilty or not guilty, what they should look for in each side's
case, and what would define self defense on the part of the soldiers.
b) The defense should decide how they can prove that the soldiers'
actions were justified under the circumstances.
c) The prosecution should decide how they can prove that the soldiers'
actions were malicious and premeditated.
5. It is left to the teacher's discretion as to when the trial
will be held - whether it be the next class period or several
days later - depending on the progress of each group in formulating
a strategy.
6. On the day of the trial, the classroom should be arranged in
the familiar courtroom fashion - the judge's seat in the middle,
a witness seat, two tables for the prosecution and defense teams,
and a jury box.
7. The teacher ("judge") should call the courtroom to
order. The trial should go in the following order:
1) Prosecution opening statement
2) Defense opening statement
3) prosecution witnesses and defense cross-examinations
4) Defense witnesses and prosecution cross-examinations
5) Prosecution closing statement
6) Defense closing statement
8. The teacher/judge should then ask the jury to meet in a corner
of the room to decide the verdict. When this is decided, the jury
should report back and read the verdict.
9. As the trial is now over, the teacher should then ask the students
to re- arrange the desks in order that he/she can tell them the
actual aftermath of the trial (aftermath sheet is included).
10. The lesson should close with the teacher passing back the
papers the students wrote before the trial. The students are asked
to write another paragraph stating what they now know about the
Boston Massacre, if they think their verdict and/or the real verdict
was correct or not, and why.
Assessment: 75% should be teacher observation and participation
- whether or not the students were active participants in the
trial and pre- trial planning stages;
25% should be the final paragraphs written by the students. They
should not be graded on whether their answer was correct or not,
but if they had good reasoning behind their answer and showed
critical thinking.
Extensions: The students can be asked to "dress up"
for the event in period costumes befitting each of their characters.
This would allow the students to look up clothing during this
era, what kind of occupation wore what clothing, and why. Students
could also be asked to draw their own version of the Boston Massacre,
similar to Revere's engraving, based on their knowledge of the
events.
The Aftermath
All of the soldiers and Captain Preston were found not guilty
of murder. However, two of the soldiers (Kilroy and Montgomery)
were found guilty of manslaughter (that is to say, they were responsible
for someone's death, but that they hadn't intended to kill them).
The soldiers used a legal loophole called "benefit of clergy."
It was an old English practice to not punish clergymen. To find
out if a person really was a clergyman was for the person to read
from the Bible. In medieval days, only clergy could read, so it
was an adequate test. The law had gone unchanged, and both soldiers
could read. As a result, the soldiers were given a remarkably
light sentence: they were both branded on the thumb. They were
then released.
-Jury Instructions-
You have been chosen as a juror in the trial of the British soldiers
involved in the so-called "Boston Massacre." It is your
duty to find the soldiers guilty of murder, guilty of manslaughter,
or not guilty.
Guilty of Murder means that the soldiers were responsible for
the victim's death, and that they had intended on killing them
from the beginning.
Guilty of Manslaughter means that the soldiers were responsible
for the victim's death, but that the death was accidental.
Not guilty means that the soldiers acted justifiably under the
circumstances. and that they acted in self-defense.
The decision of the jury to find guilty of either manslaughter
or murder must be unanimous - you must all agree on guilty. If
you are not unanimous, you must find the soldiers not guilty.
List of Characters
Judge: The teacher
Prosecution lawyer:
Defense Lawyer:
Juror 1 (Head) Juror 2
Juror 3 Juror 4
Juror 5 Juror 6
Juror 7 Juror 8
Juror 9 Juror 10
Juror 11 Juror 12
Captain Preston
Pvt. Kilroy
Pvt. Montgomery
Ebenezer Brigham
Isabel Parker
Samuel Drowne
Daniel Calfe
William Green
Lydia McInnis
If more characters are needed for additional students, there may
be other, non-speaking soldiers, a bailiff, or additional lawyers.
If fewer parts are needed, students may double up on witness roles,
or reduce the number of jurors.