The Scarlet Letter Trial: Who is the guiltiest sinner?

To complete our study of The Scarlet Letter, each student will be assigned to a legal team that will be responsible for preparing a defense for its client that is based on evidence derived from the text. Each team will play the roles of the accused, his/her attorneys, and any witnesses who are called. Plus each team will present evidence that will benefit the client and prove the other defendants guiltier or more sinful. Although some dramatic license will be allowed, most of the testimony and evidence MUST be text-based. Witnesses should be other characters from the novel that might shed some light on the situation. The defendant, the attorneys, and any witnesses should be costumed appropriately. Costumes and props are required. Props may take the form of articles of evidence.

Students not assigned to a legal team will be part of the judicial team. The judicial team must establish a legal atmosphere in the classroom through costumes, props, decorations, etc. They must conduct the proceedings appropriately, maintain order in the court, and treat the defendants fairly and impartially (especially in sustaining and overruling objections). The (written) decision each magistrate reaches at the conclusion of the trial must be based on the evidence presented by the legal teams. The judgesmust take notes during the testimony to assist them in determining their verdict. This team must devise a creative and appropriate punishment for the character who is found guiltiest. Preparation for this team will also include establishing criteria on which they will judge the defendants.

Trial Proceedings

Day 1

  1. opening statement by legal counsel for Hester Prynne (3 minutes)
  2. opening statement by legal counsel for Roger Chillingworth (3 minutes)
  3. opening statement by legal counsel for Arthur Dimmesdale (3 minutes)
  4. questioning of Hester Prynne by her legal counsel (3 minutes)
  5. testimony of witnesses in Prynne’s behalf (4)
  6. cross examination of Prynne (or any of this team’s witnesses) by Chillingworth’s team (4)
  7. cross examination of Prynne (or any of this team’s witnesses) by Dimmesdale’s team (4)
  8. questioning of Roger Chillingworth by his legal (3)
  9. testimony of witnesses in Chillingworth’s behalf (4)
  10. cross examination of Chillingworth (or any of this team’s witnesses) by Prynne’s team (4)
  11. cross examination of Chillingworth (or any of this team’s witnesses) by Dimmesdale’s team (4)

Day 2

12. questioning of Arthur Dimmesdale by his legal counsel (3)

  1. testimony of witnesses in Dimmesdale’s behalf (4)
  2. cross examination of Dimmesdale (or any of this team’s witnesses) by Chillingworth’s team (4)
  3. cross examination of Dimmesdale (or any of this team’s witnesses) by Prynne’s team (4)
  4. preparation for rebuttal and closing argument (time based on teacher discretion)

(Most of the rebuttal is prepared ahead of time but should be adjusted during the prep time to counter arguments other teams have made during the trial.)

  1. rebuttal and closing argument for legal team of Hester Prynne (3)
  2. rebuttal and closing argument for legal team of Roger Chillingworth (3)
  3. rebuttal and closing argument for legal team of Arthur Dimmesdale (3)
  4. judges retire to their “chambers” to determine verdict

Day 3

  1. judges present their written verdict to the class (each one separately according to their own notes; lead magistrate will conclude with the final decision & announcement of punishment)
  2. punishment of worst sinner

***Be familiar with the order; the minutes listed are a maximum time limit, including any time wasted figuring out what to do during the trial.

The following courtroom rules will apply:

  1. Each team may ask for only two 45-second recesses during the course of the entire trial.
  2. Witnesses will be sworn in by judges on a scarlet letter A (created by the judicial team) and will promise “to tell the whole truth so help me Hawthorne.”
  3. Each legal team will be allowed THREE objections during the course of the trial. Use these wisely. The judges will confer and sustain or overrule the objection.
  4. Only one attorney on a team will speak at a time. Ask for a recess if needed.
  5. All testimony and evidence must be classroom appropriate. Do not forget that the best evidence will be based on the text!

Assessment

Each student will be given an individual grade based upon the assigned role and a group grade based upon the group’s performance. These grades will be averaged and they will count as a major grade.

Individual Responsibilities: Each individual must complete the following depending upon their assigned role. Failure to follow directions will result in a deduction of points from your individual grade.

Opening and Closing Statements

  • This applies to attorneys assigned to give these statements.
  • Three minutes in length – maximum (Closing – plan about 2 minutes & allow time to add for the rebuttal)
  • Include at least three rhetorical devices. Highlight and label in the margin.
  • Must be typed and double-spaced. Include a heading with the following information: your name and period, legal team, and specific role in the trial.
  • Submit at the end of the day on which you present.

Witness Preparation

  • This applies to clients (Hester, Dimmesdale, and Chillingworth), the witnesses who are called in their defense, the attorneys who question or cross-examine the clients, and the attorneys who question the witnesses.
  • Attorneys are responsible for writing the questions.
  • A witness list must be prepared by each team and presented to the magistrates by the 2nd day of planning.
  • Witnesses are responsible for writing their answers to their attorney’s questions. Each of you must submit separate work. Yes, this means you must collaborate and plan during class preparation time. I want you to work together, but I also want you to be responsible for your part of the work.
  • Must be typed and double-spaced. (Include a heading with the following information: your name and period, legal team and role(s) in the trial. Those in this category must turn in the questions & the answers. For those doing questions for cross-examination, you should include what your projection of what you expect/hope the answers to be to those questions.)
  • Each individual must also submit a paragraph (8-11 sentences) explaining how these questions further the team’s argument.
  • Submit at the end of the day on which you present.

Magistrates

  • Magistrates must present possible punishments to me for approval by end of planning days.
  • Each magistrate must submit a typed, double-spaced explanation of his/her verdict and how he/she reached it. Consider this a justification of the evidence and arguments presented. Include details from all three teams’ presented evidence in order to justify your decision. Length equals 2 double-spaced, typed pages.
  • Use three rhetorical devices when crafting your decision. Highlight and label each device in the margin of your paper.
  • Include a heading with the following information: your name, period, and any special role you played as magistrate. You work is due on Verdict Day.

Trial Schedule

Preparation Day 1: partial days– Thursday, Dec. 8 & Monday, Dec. 12

Preparation Day 2: partial days – Wednesday, Dec. 14 & Thursday, Dec. 15

Preparation Day 3: Friday, Dec. 16

Possible 4th Preparation Day: Tuesday, Jan. 3

Trial Day 1: Wednesday Jan. 4

Trial Day 2: Thursday, Jan. 5

Verdict/Punishment Day: Friday, Jan. 6

***The possible 4th planning day will depend on your work ethic, focus, and dedication during the first three team planning days.

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Application:

Before assigning groups, I would like your input. Obviously not all requests can be fulfilled, but I will do the best I can to honor one of your preferences. Please write a brief statement outlining which team you would like to be on, your reasons why, and what strengths you believe you would bring to this team or scheduling difficulties. Then, in a separate paragraph, repeat the process for your second choice. When you are finished, turn it in to me by Tuesday, 12-6. (Those wishing to be one of the three main characters must be willing to undergo the punishment decided by the magistrates; in other words, you must have a sense of humor and not be too self-conscious.)