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It’s Your Witness

Grade Level: Middle 

Grade Level: Middle and High School 

Overview:

This lesson examines the role of the attorney in court. This strategy can be used as a social studies unit on the Bill of Rights, the judicial system, and/or courtroom procedures. The purpose of this activity is to help students understand the role of the lawyer in a trial and the way that he or she uses questions to prove a case. One of the most difficult elements of a trial for students to understand is the questioning of witnesses.

Time Needed: 

1 class period 

Objectives

During your session, students will:

  • Discuss the role of a lawyer during a trial
  • Explore how lawyers use questions to prove their cases 
  • Practice questioning witnesses 

Materials Needed: 

It’s Your Witness Handout 

Procedure

  1. Introduction/Definitions: 
    1. Ask students to define conflict and give examples. Encourage examples which are both civil and criminal. Write these on the board (theft, assault, child abuse, damage to property, divorce, car accident).
    2. Ask students to imagine that they lived thousands of years ago when there were no formal governments. If, for example, you had a warm deerskin jacket, what would happen if someone stole it while you were sleeping by the campfire? Discuss with students the “might is right” concept. Discuss with students the evolution of justice via medieval practices, trial by ordeal, and the Star Chamber.
    3. Explain that today in order to ensure justice for all, we have a legal system which guarantees due process for all. Our present system uses the adversary system to determine truth and fairness. Describe the role of the attorney, including the right to counsel and the responsibility of counsel to his/her clients.
  2. It’s Your Witness Simulation  – The purpose of this activity is to help students understand the role of the lawyer in a trial and the way that he or she uses questions to prove a case. One of the most difficult elements of a trial for students to understand is the questioning of witnesses.
    1. Select one witness, two prosecutors, and two defense lawyers.
    2. Give each a copy of the handout.
    3. Allow the attorneys 10 or 15 minutes to write their questions. (The number of questions may be increased.)
    4. Write the four elements of the crime on the board. Tell the rest of the class they are the jury. Tell them that the evidence elicited by the prosecutor must prove “beyond a reasonable doubt” that Mr. A killed Mr. B and that they will have to deliberate and vote after the evidence is given.
    5. Proceed with the questioning.
    6. Have the jury deliberate and reach a majority decision.
    7. Discuss the purpose and use of questions by the lawyers in a trial.
    8. Discuss the term “adversary” and tell students that our legal system is called an “adversary system.”
    9. Evaluate the adversary system as a means of ensuring justice.

Excerpted from “Law in the Lone Star State,” available from the State Bar of Texas.