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Journal- May 9th

  • Do you believe the accused conspirators were guilty? Why or why not?
  • Do you believe the accused conspirators were given a fair trial? Why or why not?

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Lincoln’s Trial…�Civilian Style

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Essential Standards Addressed:

  • 6 defendants (accused conspirators) who faced a military trial in 1865 will now be put on trial in civilian court in connection with crimes associated with the Lincoln conspiracy. 2 defendants each day for 3 days.  
  • 12 jurors must be convinced unanimously beyond all reasonable doubt that the defendant is guilty to get a conviction
  • The burden of proof is in the hands of the prosecution
  • Students will be assigned to either prosecute or defend one of the 6 suspects in the Lincoln assassination conspiracy. All 6 accused will come from the defense team. The prosecution has the chance to have 1 witness testify against each defendant if they would like.

Trial Format:

  1. Understand point of view or perspective
  2. Create claim and cite evidence to support

Connections to Prior Unit:

  1. US Government- Bill of Rights- 6th amendment… Criminal Trial Rights

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Compelling Question: Would the conspirators have had the same trial results if they had been tried in civilian court rather than military court?

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Goal of the Prosecution: Prove beyond all reasonable doubt that each defendant is guilty of crimes accused of

�Goal of the Defense: Place DOUBT in the mind of 1 or more members of the jury regarding the crimes accused of.  You do NOT have to PROVE innocence.

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Roles of the Trial

Prosecution Team

Lawyers- Enaya Cheema, Rilyn Koester

  • Lewis Powell expert (1)
  • Lewis Powell Witness
  • Lewis Payne expert (2)
  • George Atzerodt expert (1)
  • George Atzerodt Witness
  • Mary Surratt expert (1)
  • Mary Surratt Witness
  • David Herold expert (1)
  • David Herold Witness
  • Dr. Samuel Mudd expert
  • Dr. Samuel Mudd Witness
  • Edman Spangler expert
  • Edman Spangler Witness

Defense Team

Lawyers- Mia Stecher, Lauren Mueller (p. 2, 4, 5, 8) Nico Vargas, Mason Stock (p. 1, 6)

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  • Lewis Powell
  • Powell Defense expert
  • Powell Defense expert (2)
  • George Atzerodt
  • Atzerodt Defense expert
  • Mary Surratt
  • Surratt Defense expert
  • Surratt Defense expert (2)
  • David Herold
  • Herold Defense expert
  • Dr. Samuel Mudd
  • Dr. Mudd Defense expert
  • Edman Spangler
  • Edman Spangler expert

***Highlighted roles are required positions to be filled***

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Steps with Each Defendant

  1. Persecution delivers opening statement. Defense follows
  2. Prosecution questions witness. Physical evidence may be presented to the judge to be read to jury.
  3. Defense team cross examines. Physical evidence may be presented to the judge to be read to jury.
  4. Prosecution will have 1 minute for redirect
  5. Defense will have 1 minute for recross
  6. Prosecution may choose to have their own witness testify. Defense will cross examine. Each side has up to 2 minutes to question witnesses (witness must be presented to judge by Wednesday,, May 14)
  7. Jurors discuss whether they decide guilty or not guilty for EACH charge and explain
  8. Jurors will read the verdict for each charge
  9. If time allows jurors may explain why they voted the way they did

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Assignment

All students must submit a graphic organizer including 1 page summarizing why your assigned suspect is either GUILTY (prosecution) or NOT GUILTY (defense) for each charge plus at least 3 key reasons why and as much evidence as you can find to support your reasons. This should be turned in on Google Classroom and shared with YOUR side’s lawyers.

DUE by the start of class on THURSDAY (May 15th)

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The lawyers need this to help build their main arguments for each suspect. (15 Pts.)

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Accused Individuals

Edmund Spangler

David Herold

Mary Surratt

Samuel Mudd

George Atzerodt

Lewis Powell

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David Herold

Charges

  • Conspiracy to murder President Lincoln
  • Aiding and abetting a felon

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  • Witness – William Miller Clarke

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George Atzerodt

Charges

  • Conspiracy to murder President Lincoln
  • Conspiring to murder Vice-President Andrew Johnson

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  • Witness – Zachariah Gemmill

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Samuel Mudd

Charges

  • Conspiracy to murder President Lincoln
  • Aiding and abetting fugitives

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  • Witness – John F. Hardy

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Lewis Powell

Charges

  • Attempted murder on William H. Seward (Secretary of State)
  • Assault on Frederick Seward, Fanny Seward, Nurse Robinson, Gus Seward
  • Conspiracy to murder President Lincoln
  • Witness – Dr. Joseph K. Barnes

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Mary Surratt

Charges

  • Conspiracy to murder President Lincoln

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  • Witness – Richard Smoot

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Edman Spangler

Charges

  • Aiding and abetting a felon
  • Witness – John Miles

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Schedule:

  • Monday, May 5-Wednesday, May 7: Provide background of Lincoln’s assassination (CSI activity) and results of conspiracy trial
  • Thursday, May 8 - Watch National Geographic The Conspirator; The Plot to Kill Lincoln
  • Friday, May 9- Finish film and preview project…begin selection of sides and roles. Assign graphic organizer
  • Monday, May 12-Thursday, May 15- Research evidence, prepare arguments, fill in Graphic Organizer, print evidence, communicate with lawyers, prepare for counter-claims
  • Wednesday, May 14- Prosecution witnesses presented by ½ way through period
  • Thursday, May 15- Graphic organizers due with reasons, evidence,and summary
  • Friday, May 16- Graphic Organizer due: Trial preparation- rehearse with lawyers what will be asked and anticipated questions from the other side. Split with teams.
  • Monday, May 19-Wednesday, May 21- Civilian Trial of 6 defendants

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Links to Investigative Resources