Law Day 2011 Lesson: Boston Massacre, John Adams and Right to an Attorney.

Transcription

1 Law Day 2011 Lesson: Boston Massacre, John Adams and Right to an Attorney. This lesson is based on material from the Constitutional Rights Foundation USA, Bill of Rights In Action, Winter 1999 (16:1) Matters of Principle Delaware Civic Standards: Civic Standard Two 9-12b: Students will understand that the functioning of the government is a dynamic process which combines the formal balance of power incorporated into the Constitution with traditions, precedents, and interpretations which have evolved over the past 200 years. Essential Question: The right to counsel is provided in the Sixth Amendment of the Bill of Rights. Why has the right to an attorney become an essential right in our country? How does this right protect us in times of change? Note to teacher: If you have a 45 minute class, please have students read Student Handout One A: Reading on John Adams and the Boston Massacre prior to the Attorney s visit. If you have a 90 minute block schedule, you can have the students read the handout at the beginning of the class. The Visiting Attorney will review that Reading during his/her part of the lesson. The Visiting Attorney will need a Smart Board or Overhead Projector. Lesson Procedure for Visiting Attorney: 1. Start with the Focus Question Using Overhead/Projection One: 5 Minutes Question : How does the use of a word or words influence how you see an event? Tell students that they will be looking at the specifics of the Boston Massacre, and the legacy of John Adams and the right to counsel. As we look at these issues, think about these words: Notes for Discussion: Looking at these words/phrases: Massacre: We will be reading about the Boston Massacre: what does the word massacre imply? Definition: Massacre = the indiscriminate, cruel killing of many people. The right to an attorney: Do you think of Miranda warnings? Arrests of bad guys? You must be guilty if you need an attorney? The concept of innocent until proven guilty? Terrorist: Could the British think of the crowd/patriots as terrorists? Lynch Law: Adams speaks in the reading of his concern about a lynch law what

2 would that mean? Note: Lynching is punishing a person by mob action without a proper trial. We usually think of it as something that happened to blacks after the Civil War. 2. Review of Background Reading: 10 minutes Have Students place events in order using Student Handout One B. Go over correct answers from Answer Sheet. Briefly discuss the questions: How did the people in Boston feeling about the British soldiers? How did the British feel about the colonists? Why would this be considered a time of change? What danger did the colonists face? What could keep this from being a fair trial, and how does an attorney help keep a trial fair? 3. Pairs: Student Handout Two A and B. Use Overhead/Projection Two for definitions. 15 minutes Looking at both sides of an issue; what happened legally with the events and the trial of the Boston Massacre? a. Tell students that the Soldiers have been charged with Murder. Explain that the definition of Murder is The unlawful killing of a person with malice aforethought Discuss the term malice aforethought evil intent, thought out beforehand. They also can be found guilty of Manslaughter which is killing of a person without malice or premeditation, but during the commission of an illegal act. (Use Overhead Three for definitions.) Explain that all the soldiers could be charged with Murder, because they Aided in the offense. The Delaware Code Section 271 speaks to the Liability for the Actions of Another A person is guilty of an offense committed by another person when acting with the state of mind that is sufficient for commission of the offense, the person... aids, counsels or agrees or attempts to aid the other person in committing it. The indictment of the soldiers included that they were present, aiding, helping and abetting... to commit the felony. b. Break students into pairs. Give each pair a copy of Student Handout Two A and Two B. Ask each member of the pair to read A or B and to explain to their partner the points made on each side. They should then decide who they believe has the best arguments, the defense or the prosecution. Ask teams to present their positions and discuss whether they think the soldiers should be found guilty of murder or manslaughter, or found innocent. 4. Whole Group Discussion: 10 minutes a. Tell the students what happened in the trial. The following is from the Constitutional Rights Foundation USA s Lesson

3 After deliberating for about three hours, the jurors found all soldiers innocent of murder, but judged Pvts. Montgomery and Killroy guilty of manslaughter. Although these men were technically convicted of a capital offense, the court permitted them to make a special plea that reduced their penalty to branding on the thumb. b. Show Overhead/Projection Three and give out copies of same material as Student Handout Three. Have a different student read each of the quotes. Questions: Why did Adams say he thought the verdict was exactly right? Do you think you would be able to defend someone you think is guilty of a crime? Why do you think attorneys represent people who seem to be guilty of crimes? Would you want to try to defend yourself alone from a criminal charge like murder in court? Why do you think you would need an attorney? How does the right to counsel protect all of us in times of change and danger? (Police the police and the courts, not give into mob violence and lynching, particularly important when defendant comes from a group we dislike red coats, newly freed slaves, possible terrorists) 5. Summarizing Activity: To help students summarize today s learning, students should write on a piece of paper a answer. 5 minutes 3 things they learned 2 things they still have questions about 1 most important idea from the lesson

4 Reading Assignment for Students to complete Prior to Lesson

5 Student Handout One A: Reading on John Adams and the Boston Massacre This Reading is from a lesson developed by the Constitution Rights Foundation USA, Bill of Rights in Action, Winter 1999 (16:1): Matters of Principle and is used with their permission On March 5, 1770, British soldiers fired on a mob of colonists in Boston. This incident, known as the Boston Massacre, enraged American colonists. Yet John Adams, future second president of the United States and a cousin of Boston Patriot-leader Sam Adams, ended up defending a group of hated British soldiers at their trial. In the years leading up to the American Revolution, the British sought to establish firm control over their American colonies. In the British view, the colonies had prospered because British troops had protected Americans from the French, Spanish, and Indians. The king s chief minister proclaimed in Parliament in 1763, Great Britain protects America; America is bound to yield obedience. Parliament then set on a course of passing laws to control trade, stop smuggling, restrict settlements beyond the Appalachian Mountains, and raise revenue from the colonies. Historically, the colonies had experienced little control or interference by the British, so they considered these laws oppressive and began to resist. Much of the resistance took place in Boston. One target of American outrage was customs collectors, whose job was to stop smugglers and collect taxes. They sometimes conducted searches under writs of assistance. These were general warrants that allowed them to search any house for smuggled goods. When customs officials in 1768 seized John Hancock s ship on charges of smuggling wine, Boston mobs attacked them. The British government ordered two regiments of soldiers to occupy the town. About 700 British regulars marched with fixed bayonets into Boston. The people refused to take the troops into their homes, so units of soldiers were quartered in public buildings and warehouses.

6 The troops trained on Boston Common and stood guard in front of government offices, including the Customs House. The occupying army and the townspeople grew to hate each other. The soldiers, wearing distinctive red coats and armed with muskets and swords, intimidated the people with insults and threats. Boston workmen, sailors, and teenage apprentices cursed at the redcoats and challenged them to fistfights. Meanwhile, the Sons of Liberty, a radical Patriot organization led by Sam Adams, agitated for an end to military occupation. The Boston Massacre On Friday, March 2, 1770, an off-duty British soldier asked a group of Boston rope makers if there was any work. One of the rope makers replied there was. Go clean my outhouse he jeered. A fight broke out. The soldier was knocked about and then fled. But a little while later, the soldier returned with friends and a brawl erupted. One of the soldiers, Matthew Killroy, and one of the rope makers, Samuel Gray, would meet again soon in much bloodier circumstances. On the evening of Monday, March 5, a lone British sentry guarded the entrance to the Boston Custom House where officials collected import duties for the king. The sentry got into an argument with a barber s apprentice and swung his musket at him, hitting the boy on the head. Other apprentices gathered, daring the sentry to fight. Bloody lobster back! they yelled, taunting the soldier and his red coat. By about 9 p.m., the crowd around the Customs House steps had grown to about 50 to 100 people. Some began to throw snowballs and chunks of ice at the sentry. He loaded his musket. Fire, damn you, fire, you dare not fire! the crowd taunted. The sentry finally called for help when a group of about 25 American sailors arrived, yelling, whistling, and carrying wooden clubs. A tall, stout man named Crispus Attucks led this noisy band. Part Indian and black, Attucks pushed his way to the front of the crowd, club in hand. Captain Thomas Preston, officer of the guard, turned out a squad of six privates and a corporal. In the squad was Private Matthew Killroy, who had been involved in the rope-maker brawl. The soldiers marched with their

7 muskets and bayonets to the Customs House to join the beleaguered sentry. They lined up facing the crowd. The corporal then ordered the soldiers to load their muskets with two lead balls per gun. Capt. Preston stood behind his men. From people had now gathered. Lobsters! Bloody Backs! Fire! Why don t you fire? many shouted. Some threw snowballs, ice, oyster shells, and even lumps of coal at the soldiers. Crispus Attucks and others struck the soldiers musket barrels with sticks and clubs. Attucks yelled, Kill them! Kill them! Knock them over! Then someone from the back of the mob threw a club that hit Pvt. Montgomery, knocking him to the ground. Damn you, fire! someone shouted. Enraged, Montgomery, rose to his feet and fired his musket killing Crispus Attucks. Soon, most of the other soldiers were erratically firing into the mob. When Pvt. Killroy fired, rope-maker Samuel Gray fell dead. As the men began to reload, Capt. Preston ordered, Stop firing! Stop Firing! Five men lay dead in the bloody snow. Capt. Preston managed to march his men back to their barracks. Acting Governor Thomas Hutchinson, a strong Tory Loyalist, finally arrived to calm the people. Let the law have its course. On March 13, the colony s attorney general issued 13 indictments for murder. (Editor s Note: Captain Preston and the soldiers were to be tried separately) Captain Preston could not get anyone to defend him in court until a Tory merchant persuaded lawyer John Adams to do so. Although he was one of the Patriot leaders in Boston, the 35 year old Adams believed that it was vital that the British soldiers and their Captain receive fair trials. Adams believed that the cause for self-government would be damaged if Boston justice turned out to be little more than lynch law.

8 Student Handouts And Overheads/Projections in order of use in Lesson Please prepare 30 copies of each Student Handout

9 OVERHEAD/PROJECTION ONE: Focus Question How does the use of a word or words influence how you see an event? Boston Massacre: What does the use of the term massacre imply? What about the term terrorist? Could the British think of the crowd/patriots as terrorists? What about the term Lynch Law? It says in the reading that John Adams was worried about Boston justice being seen as little more than a lynch law? What did he mean?

10 Student Handout One B: Review of Background Reading Put the events listed in the correct order using numbers 1-10, with 1 first and 10 last: Captain Preston, a corporal and six privates, including Matthew Killroy, march to the Custom House. A sentry guarding the Custom House argues with an apprentice. The kings chief minister proclaimed, Great Britain protects America, America is bound to yield obedience. A crowd of people gather yelling, Fire, why don t you fire and throw snowballs and lumps of coal at the British Soldiers. The Sons of Liberty, a radical Patriot organization, agitate for an end to British military occupation. The colony s attorney general issues 13 indictments for murder. Off duty soldiers, including Matthew Killroy scuffle with rope-makers including Samuel Gray.

11 About 700 British regulars marched into town. Someone yells Fire and Montgomery fires is musket killing Attucks. Captain Preston orders the soldiers to stop firing. ANSWER SHEET FOR Student Handout One: Review of Background Reading Put the events listed in the correct order using numbers 1-10, with 1 first and 10 last: 6 Captain Preston, a corporal and six privates, including Matthew Killroy, march to the Custom House. 5 A sentry guarding the Custom House argues with an apprentice. 1 The kings chief minister proclaimed, Great Britain protects America, America is bound to yield obedience. 7 3 A crowd of people gather yelling, Fire, why don t you fire and throw snowballs and lumps of coal at the British Soldiers. The Sons of Liberty, a radical Patriot organization, agitate for an end to British military occupation. 10 The colony s attorney general issues 13 indictments for murder. 4 Off duty soldiers, including Matthew Killroy scuffle with rope-makers including Samuel Gray.

12 2 8 9 About 700 British regulars marched into town. Someone yells Fire and Montgomery fires is musket killing Attucks. Captain Preston orders the soldiers to stop firing. OVERHEAD/PROJECTION TWO: Definitions to use with Student Handout Two A and B Murder -- The unlawful killing of a person with malice aforethought Manslaughter -- killing of a person without malice or premeditation, but during the commission of an illegal act Liability for the Actions of Another (Aiding and Abetting) A person is guilty of an offense committed by another person when acting with the state of mind that is sufficient for commission of the offense, the person... aids, counsels or agrees or attempts to aid the other person in committing it...

13 Student Handout Two A Prosecution s Arguments in Trial of the Soldiers: 1. That it only had to prove that one of the soldiers fired with malice and the intent to kill. All soldiers would then be equally guilty of murder and would hang. 2. That after months of abuse from the town s people, all the soldiers had revenge in their hearts. In particular, a witness testified that one or two weeks before the shooting, Pvt. Killroy had said that he would never miss an opportunity, if he had one to fire on the inhabitants and that he had wanted to have an opportunity ever since he had landed After Pvt. Montgomery fired the first shot, Killroy had his opportunity and shot ropemaker Samuel Grey to death. 3. That witnesses testified as to military- civilian clashes such as the one at Gray s Ropewalk three days before the massacre. 4. That the soldiers had unlawfully assembled in front of the Customs House, loading their muskets with double shot, which enflamed the crowd. The soldiers opened fire without an order from Capt. Preston. They did this not to defend themselves, but out of malice. They sought revenge for all the insults they had suffered. 5. That in order to fire on civilians, the military needed an order of the civil magistrate, but they never called for one.

14 Student Handout Two B Defense s Arguments in Trial of the Soldiers: That the crowd was endangering the soldiers. There were insults, curses, threats and taunts. Physical objects were hurled upon the soldiers. That Dr. John Jefferies, who treated victim Patrick Carr for 10 days before he died, related that Carr, on his deathbed, said that he believed the soldiers fired to defend themselves and that he did not blame the man who shot him. That there was testimony about the people crying kill them! Kill them! Knock them over. That they were heaving snowballs, oyster shells, clubs and white birch sticks. Adams said that If an assault was made to endanger their lives, the law is clear, they had the right to kill in self-defense.

15 OVERHEAD/ PROJECTION THREE and Student Handout 3: Impact of Right to Counsel/Attorney Quote by John Adams The part I took in defense of Captain Preston and the Soldiers procured me anxiety and obloquy (widespread condemnation or abuse) enough. It was, however, one of the most gallant, generous, manly and disinterested actions of my whole life, and one of the best pieces of service I ever rendered my country. Judgment of Death against those soldiers would have been as foul a stain upon this country as the executions of the Quakers or the witches, anciently. As the evidence was, the verdict of the jury was exactly right Quote by William Foster Hopkins, Murder is My Business from ABA Lesson on Right to Counsel Criminal lawyers, it is said, police the police. Also we police the courts. Every time we try a person, we are trying and defending more than the accused. We re defending you, that lady down the street, and the Bill of Rights. But nonetheless, criminal lawyer are controversial figures. We try to get justice for the ones you or the newspapers have labeled bad. But we can sleep nights, because we re the ones who hold the state to the ground rules you and our legislators have established. We are the ones who see to it that society doesn t convict a person who shouldn t be convicted Quote from Counsel for Zacarias Moussaoui: charged with the 9/11 Attacks

16 An attorney is trained to put his feelings aside and to fight for the rights of even the most despicable defendants charged with the most heinous of crimes Following are duplicate copies of Overheads/Projection To use as transparencies with a projector or with a Smart Board

17 OVERHEAD/PROJECTION ONE: Focus Question How does the use of a word or words influence how you see an event? Boston Massacre: What does the use of the term massacre imply? What about the term terrorist? Could the British think of the crowd/patriots as terrorists? What about the term Lynch Law? It says in the reading that John Adams was worried about Boston justice being seen as little more than a lynch law? What did he mean?

18 OVERHEAD/PROJECTION TWO: Definitions to use with Student Handout Two A and B Murder --The unlawful killing of a person with malice aforethought Manslaughter -- killing of a person without malice or premeditation, but during the commission of an illegal act Liability for the Actions of Another (Aiding and Abetting) A person is guilty of an offense committed by another person when acting with the state of mind that is sufficient for commission of the offense, the person... aids, counsels or agrees or attempts to aid the other person in committing it...

19 OVERHEAD/PROJECTION THREE and Student Handout 3: Impact of Right to Counsel/Attorney Quote by John Adams The part I took in defense of Captain Preston and the Soldiers procured me anxiety and obloquy (widespread condemnation or abuse) enough. It was, however, one of the most gallant, generous, manly and disinterested actions of my whole life, and one of the best pieces of service I ever rendered my country. Judgment of Death against those soldiers would have been as foul a stain upon this country as the executions of the Quakers or the witches, anciently. As the evidence was, the verdict of the jury was exactly right Quote by William Foster Hopkins, Murder is My Business from ABA Lesson on Right to Counsel Criminal lawyers, it is said, police the police. Also we police the courts. Every time we try a person, we are trying and defending more than the accused. We re defending you, that lady down the street, and the Bill of Rights. But nonetheless, criminal lawyer are controversial figures. We try to get justice for the ones you or the newspapers have labeled bad. But we can sleep nights, because we re the ones who hold the state to the ground rules you and our legislators have established. We are the ones who see to it that society doesn t convict a person who shouldn t be convicted Quote from Counsel for Zacarias Moussaoui: charged with the 9/11 Attacks An attorney is trained to put his feelings aside and to fight for the rights of even the most despicable defendants charged with the most heinous of crimes