Grades 4-6: Due Process Freedoms

Dramatization of Salem Witch Trial
by Elizabeth Chorak

A simple play and follow-up activities can provide elementary students with an opportunity to compare fair and unfair trials. This lesson will work best using a local lawyer as a resource person. It leads logically into a discussion of why we have certain fair trial (or due process) protections under the Constitution and the Bill of Rights.

Preparation

  1. Provide the lawyer with a copy of the lesson prior to his or her visit.
  2. Obtain sufficient copies of the play to make one available for each student.
  3. Review background information on the period and the prevailing customs prior to the lesson.

Class Activity

  1. Select students for each part and have them stand in front of the class.
  2. Allow the students a few minutes to read their parts and plan their presentation.
  3. Read the story introduction to the class.
  4. Introduce students to the class as their characters (i.e. as Mr. Goodwin, Rachel, Judge Smith).

Play

Story Introduction: A long time ago, before we had television, cars, or even electricity, some people believed in witches. A witch was any person who had special evil powers. In the town of Salem, Massachusetts, there was a law against witches. If someone said another person was a witch, that person was brought to court and tried. If found guilty, he or she was usually hanged or burned. Here is a story about one of those trials.

Narrator: There was a family by the name of Goodwin. The family included Mr. and Mrs. Goodwin and their two children: Rachel and Michael. They had a servant named Sarah.

Mr. Goodwin: "Sarah, two loaves of bread disappeared from the kitchen yesterday."

Mrs. Goodwin: "We think you stole it, Sarah."

Sarah: "I did not steal it. You don't trust me. I curse you and your children. You will suffer for saying this.

Narrator: A few months later, the Goodwins noticed their children were acting strangely and couldn't speak.

(Rachel and Michael walk around in circles, wave their arms like birds and make strange noises.)

Mr. Goodwin: "Sarah, you did this. You are a witch. You cursed our family.
Mrs. Goodwin: "Let's ask our friend Judge Smith to put her on trial."
(The Goodwins grab Sarah and take her to Judge Smith.)
Mr. Goodwin: "Sarah is our servant and she cursed our children and now they can't speak and are acting strangely."
Judge Smith: Is she a witch?"
Mrs. Goodwin: "Yes."
Judge Smith: "Then she must be punished. I know you are good people and wouldn't lie, and I don't believe this woman Sarah, so I believe you. She is guilty and I sentence her to die."

Follow-up
The teacher and lawyer direct the following questions to the students for group discussion:

  1. Do you think Sarah had a fair trial? If not, why? (Make a list on the chalkboard of the students' responses).
  2. What do you think should have happened in this trial to make it fair? (Refer to unfair things on the board).

The teacher and lawyer lead a short discussion on the guarantees under the U.S. Constitution for a fair trial. (Refer to class discussion on fair and unfair trials.)

  • Amendment V: No person shall be held to answer for a capital or otherwise infamous crime, unless on a presentment of indictment of a Grand Jury;... nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law...;
  • Amendment VI: In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed;... and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have theAssistance of Counsel for his defense.
  • Amendment VII: In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and not fact tried by a jury, shall be otherwise reexamined in any Court of the United States, than according to the rules of the common law.
  • Amendment VIII: Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
  • Amendment XIV: Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Conclusion
Do you think Sarah was guilty? Why or why not? Tell the class that they are going to be divided into three groups (of no more than five students) to discuss the question of guilt or innocence as follows:

  1. Group one will be the "judge" group and will have to decide if Sarah is guilty or not based on the presentations from the other groups.
  2. Group two will make a list of the reasons why they think Sarah is guilty. They will select one person as recorder to write the list and one to present their reasons to the judge.
  3. Group three will make a list of the reasons why they think Sarah is not guilty. They will also have a spokesperson and a recorder.
  4. Repeat groups two and three for larger classes, if necessary. All groups will present their reasons for guilt or innocence to the judge.
  5. While the other groups are working, the judge group should think of questions to ask the groups regarding Sarah and the Goodwins.
  6. The judge group will listen to all presentations and ask each group questions. They will discuss the case openly, so the class may observe their reasoning, and vote on whether Sarah is guilty or innocent.
  7. After explaining the instructions, designate the groups. Insure that a recorder and a spokesperson are appointed and begin the activity. Following the decision of the judge group, ask if the class agrees or not? Discuss why or why not. Was the judge group decision fair? Were the group members impartial? Did they listen to what everyone had to say?

The lawyer could discuss procedures in the court system in reference to the activity. Would lawyers develop the same arguments? How would they present them to the judge? How would the judge respond?Additional lessons could follow on the Constitution, Bill of Rights, or the judicial system.

Elizabeth Chorak is a program director for Street Law. This activity is adapted from "Educating for Citizenship, Level 4", Aspen Systems, 1982.