Objective:
Students will participate in a mock trial. Students will argue and testify for and against slavery in the case of Dred Scott.
Procedure:
The teacher will distribute the facts of the Dred Scott case and a copy of the pre-Fourteenth Amendment Constitution. This information may be taken directly from the unit or the teacher may adapt what was written, for younger students. While arguing this case, students will not be aware of the courts findings. They must present arguments based on the facts presented.
Basically, students will line up on both sides of the slavery issue. Students who are arguing for slavery, must try to understand the thinking of those in the 17th, 18th and l9th century. Why were Africans enslaved anyway? What are the benefits of slavery? Hasn’t slavery saved the African from a life of Hedonism? Students should be given excepts from Uncle Tom’s Cabin or other books that show the thinking of people at that time.
Students who argue against slavery should try to feel the pain of an enslaved African-American. Students should read excerpts from “Incidents In The Life Of A Slave Girl” or other slave narratives that make the plight of the slave very clear.
Students will choose roles of Supreme Court Justices, attorney for the plaintiff, (Mr. Scott), defense attorney, bailiff, court stenographer, witnesses for the defense, witnesses for the prosecution, Mr. Scott, his wife, and two daughters.
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1) There will be opening arguments by both attorneys.
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In the opening argument, both attorneys will set forth what it is that they intend to prove. Students should be encouraged to strengthen these arguments by including references to the Constitution as it applies.
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2) The attorney for the plaintiff will call his witnesses and allow cross-examination by the defense attorney.
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During this portion of the trial, attorneys should be cautioned against badgering and leading the witness. The nine Justices will hear all arguments and render a majority decision. One should note that Justices may dissent, or vote in opposition, but it is the majority vote that counts.
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3) Dred Scott, his wife and children will be called to present their lives as slaves. They will also discuss what life was like for them living in a free territory, yet held as slaves.
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Students should be encouraged to really role play these parts. Students should be creatively within the limits of the facts. Although dialogue between Mr. Scott, his family, attorneys and owners are not included, students should create that dialogue in order to give a convincing and moving testimony. Once again, although creativity is a must, students must remain with the facts of the case.
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4) The lawyer for the defense will call his witnesses and allow for cross-examination.
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5) The Justices will render a decision.
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One Supreme Court Justice will read the ruling of the court. That ruling should include constitutional interpretation and legal precedent if it exists (did they rule that way because of the ruling of a previous case). In the event of a dissenting Justice or Justices, their views may be openly presented to the court. These dissenting Justices must use the Constitution to support their findings.
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6) The teacher will read the findings of the actual U.S. Supreme Court.
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7) Students will then be allowed an opportunity to discuss what they were feeling while role-playing. Students will be able to freely express their views of this case, and whether or not they would have ruled the way the court of that day ruled and why. Students will be asked to try to peer into the minds of the justices of that day.
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This particular outline may be used to role-play any of the cases presented in the unit. While an excellent way to get students to read and write, students must draw upon higher level thinking skills such as synthesis and evaluation. Students should be given ample time to research, interview and formulate opinions. The teacher should adjust the lesson plans to meet the abilities and needs of his/her students.
