Witnesses

Witnesses' Assignment Before Trial

The witnesses are the jigsaw pieces that the lawyers need to put together in order for the jury to see a completed puzzle. Here is what I have learned in order to make the best out of a witness-lawyer team.

Assign lawyers and witnesses (both sides because of cross-examination). A defense lawyer will have at least one defense witness to question as well as one prosecution witness to cross-examine. Each lawyer will meet with their witnesses from their own team and from the other side. In order for these meetings to be efficient and effective, lawyers and witnesses need to have a few tasks completed.

1. Witnesses first need to start by understanding what happened at Harpers Ferry. Have them start by reading the Smithsonian summary and the other background resources. Then, they should research their assigned witness to find out where they fit into the grand scheme of the events. Use the links I have provided, but keep in mind that the language in the primary sources is from 1859, so it can be difficult for students to break down. I have my students try to break it down with a partner on their team first before I help, but I do have to work 1-1 with certain witnesses more than others. If you can have an aide or another educator in the room to help manage the rest of the students while you do this, I highly recommend it.

2. Witnesses need to create a Witness Statement that details exactly what they saw, what they did, etc. during the events of Harpers Ferry. You must stress that they can only testify on the facts of the case, meaning they cannot exaggerate, assume, guess, or lie on the stand. Believe me, they get invested and they want to win the case for their side...talk to them about this beforehand so there are no issues on the day of trial. The Witness Statement will be very helpful for their lawyers, so make sure it is detailed and that the witnesses know it forwards and backwards.

3. Once the witnesses know their part in the bigger story of Harpers Ferry, have them create questions they think their lawyer and the other side will ask them on the stand. I have the witnesses on a team partner up and question each other. Once the lawyers are ready, have them team up with their assigned witness and review the Witness Statement and possible questions. Each lawyer-witness team should figure out the strengths and weaknesses of the witness's statement. What does the team want to emphasize on the stand? What do they want to avoid? How should the witness answer on cross-examination?

4. An issue for you to consider - In real court, the prosecution and defense have equal access to evidence submitted in court. There is no evidence in this mock trial, only witness testimony. (If you want to add in an evidence element, go for it!) That leaves you with a decision to give both teams equal access to witness testimony. Should the defense lawyers have all the links and documents of the prosecution witnesses from the get go? It's your decision. What I have found is the best way for my group of students is to withhold the other side's testimonies until a few days before the trial. There are a few reasons for this. First, the defense lawyers need to focus on their own defense witnesses first and foremost. Don't overload them with the temptation to peek at the other side's line up. Secondly, it feels like a reward or a big clue reveal for the lawyers when they get their hands on the other team's lineup and testimonies just a few days before they go to trial. It is your decision how you want to present the material, but whatever you do, only give access to the witness testimony links and documents to the lawyers and witnesses - the jury, news reporters, judges and bailiff should not be reading it before court.