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Teaching with Trials

Using Digital Humanities to Flip the Humanities Classroom

ADAM CLULOW

University of Texas at Austin

BERNARD Z. KEO

Monash University

SAMUEL HOREWOOD

Duke University

THE PROCESS OF STAGING MOCK trials is a familiar element of most law school classrooms. Based on extensive research either on real or hypothetical cases, teams of students present arguments and evidence before a panel of judges. Such exercises are incorporated into legal curricula in universities across the world, and there are a range of domestic and international events that allow students to compete directly with each other in this format. This model is far less common in the humanities classroom, even though it presents valuable opportunities to facilitate student engagement with a range of sources and to promote interactive learning.

Beginning in 2017, we experimented with a new model for the flipped humanities classroom that we called Teaching with Trials. It was designed to create a mechanism for structured research, debate, and engagement by pairing a digital humanities platform with a three-week mock trial exercise. Students were challenged to work through large quantities of seventeenth-century primary source material online before taking on one of four roles—as members of a prosecution or defense legal team, witnesses, researchers, or judges—in a comprehensive restaging of a historical trial. Although the model is relatively new, it has so far produced outstanding results, generating a high degree of engagement while improving learning outcomes for students.

THE CASE

Our initial experiment with this format was constructed around a famous, and still controversial, seventeenth-century case, the Amboyna Conspiracy Trial.1 This commenced on February 23, 1623, when a Japanese mercenary called Shichizō, in the employ of the Dutch East India Company (Vereenigde Oost-Indische Compagnie or VOC), was arrested for asking questions about the defenses of one of the company’s forts on the island of Ambon (often referred to as Amboyna in this period) in modern-day Indonesia. When he failed to provide an adequate explanation, he was tortured using a technique we now know as waterboarding. The result was a confession that Shichizō had joined a plot orchestrated by a group of English merchants to seize control of the fortification and, ultimately, to rip the spice-rich island from the company’s grasp. Armed with this information, the VOC governor proceeded to arrest, interrogate, and torture the remaining ten Japanese mercenaries in the garrison, all of whom eventually admitted to their involvement in the plot. A few days later, the governor’s attention turned to the English. Under torture, they too confessed to a conspiracy aimed at seizing the fort and ejecting the Dutch from Ambon. On March 9, an improvised tribunal of VOC employees convened to render judgment on the conspirators. The result was an emphatic guilty verdict, and, shortly thereafter, ten English merchants and ten Japanese mercenaries were executed in the public square outside the fortress.

The Amboyna case became immediately and immensely controversial. When news of what had happened reached London at the end of May 1624, it sparked outrage from the directors of the English East India Company, the king, and, by all accounts, the general public. Passions were further inflamed by the publication of a slew of incendiary pamphlets produced by both sides that sought to either damn the Dutch as bloody tyrants or condemn the English as faithless traitors. The result was that, despite occurring thousands of miles away in an unfamiliar part of the world, the trial on Amboyna swiftly escalated to become one of the most famous legal cases of its age and the subject of a long-running dispute between the Dutch and English governments, which clashed bitterly over the twin issues of blame and compensation.

The controversies produced by Amboyna combined to generate a sprawling archive that runs to more than five thousand pages of original documents scattered across the British Library in London, the National Archives in Kew, and the Nationaal Archief in The Hague. Despite this vast trove of materials, there is as yet no consensus as to what actually happened on Amboyna. For close to four centuries, scholars have debated whether there was in fact a plot to seize control of the castle and, hence, if the English merchants and Japanese mercenaries on Amboyna were innocent or guilty of the charges against them. After years of wrestling with these questions, we decided to try a different approach to the Amboyna case by turning it into an interactive classroom exercise designed to generate student engagement.

AMBOYNA ONLINE

Inspired by the public reaction to the groundbreaking podcast Serial, which had succeeded in drawing unprecedented attention to a previously obscure murder case, we decided to put the case online. We created a new digital humanities platform, the Amboyna Conspiracy Trial (www.amboyna.org) with the Roy Rosenzweig Center for History and New Media at George Mason University. (See fig. 5.1.)

At the center of the site, we placed an interactive trial engine called What’s Your Verdict that presented the most compelling evidence offered by the Dutch East India Company, which we dubbed the prosecution, and their English opponents, the defense. To make a complex trial accessible, we boiled the case down to six key questions that have to be answered one way or the other in order to come to a verdict. For each question, the site presents the arguments mobilized by the prosecution and defense in conjunction with their most important pieces of evidence. As part of the process, we asked a distinguished London-based barrister to work through the material. Generously agreeing to waive his fees, he reviewed an extensive series of Amboyna files and then sat through hour after hour of filmed interviews, in which he guided students through the key questions any prospective juror would have to wrestle with. Finally, we created a large repository of additional material and documents related to the case.

The site went online in 2016 and since then thousands of visitors have worked their way through the trial engine, with the results all recorded in our database. Once the site was functioning properly, we combined it with a new trials-based exercise intended for the undergraduate classroom.

RESTAGING A HISTORICAL TRIAL

The mock trial exercise was staged initially with a second-year history class consisting of approximately a hundred students, who were divided into five tutorials of around twenty students each. We assigned individual roles to each of the students: three were judges, two were witnesses for the prosecution, two were witnesses for the defense, three were part of the legal team for the prosecution, three for the defense team, and the remaining students were assigned as researchers for the two sides. For the roles, allocations, and responsibilities, see table 5.1.


Figure 5.1. The Amboyna Conspiracy Trial website.

Table 5.1. Roles, Allocations, and Responsibilities for History Class Activity

RoleAllocationsResponsibilities
Attorney/BarristerThree for prosecutionThree for defensePrepare a briefing on key exhibitsInterview witnesses during pretrial preparationOpening statementsExamination and cross-examination of witnessesClosing statements
ResearcherThree for prosecutionThree for defenseReview and analyze evidencePrepare briefing papers for barristersDevelop overall strategyProvide additional evidence and suggestions through the trial via notes
WitnessTwo for prosecutionTwo for defenseResearch a specific historical characterWork with either the prosecution or the defenseDeliver testimony before the court and undergo questioning
JudgeThree to four totalPrepare for the trial, develop familiarity with the legal system of the periodKeep order in the court, oversee barristersAsk questions of barristers and witnessesDeliver a verdictPrepare a written justification

The mock trial exercise ran across three weeks. The first week was devoted to research and preparation as students started to work through the key materials. During the second week, this process continued but the legal teams were also required to present oral arguments before the judges. These centered on a number of controversial exhibits including a legal justification of waterboarding prepared by a VOC official and an unverified note smuggled out from the original trial. The question before the judges was whether these exhibits, which significantly strengthened one of the two sides, should be admitted into the record. In this way, their inclusion or exclusion had the capacity to alter the overall course of the trial. In the third week, we staged the trial itself, which was divided into five stages: opening statements, witnesses for the prosecution, witnesses for the defense, closing statements, and verdict. When the trial concluded, the judges prepared a written statement explaining their verdict.

RESULTS

Although it required some initial explanation, the exercise proved highly successful. By tapping into students’ competitive instincts, it generated a high level of engagement. Students who had previously been reluctant to look closely at weekly readings were willing to devote long hours outside the classroom to the case. Both the prosecution and the defense organized extensive meetings outside tutorial time to work through content, devise arguments, and prepare their legal strategies. This level of engagement extended across all four groups: researchers worked through all the documents on the website and then searched for further evidence; witnesses engaged deeply with their characters; legal teams prepared eloquent written statements and practiced their delivery; and the judges delved into the legal systems of the period and mastered the arcane rules regulating the use of torture in the seventeenth century. The overall experience proved enormously gratifying for us as instructors, and many students singled it out as the high point of the class.

IS IT REPLICABLE?

We believe this model can be easily replicated in a wide range of classroom settings. The Amboyna Conspiracy Trial started as a stand-alone website before we added a mock trial exercise. While the site is relatively sophisticated, it is also not strictly necessary for this exercise. On the most basic level, the trial exercise relies on a close reading of testimonies and legal documents. All that would be needed for the model to be replicated is a web page or even a simple online forum, such as Dropbox or a Google Drive folder, where a set of trial documents can be accessed. In our experience, the key is to place large amounts of information online but then to rely on students’ competitive instincts to drive first independent investigation and then classroom discussion, hence making the most of limited time.

While the Amboyna trial exercise lends itself well to classes on the history of commodities or European expansion in Asia, there is no shortage of other trials with long paper trails that would serve equally well for a similar exercise. With relatively limited preparation, the Teaching with Trials model could be applied to diverse trials throughout history. Equally, there is no reason it could not be used for disciplines beyond history as the trial format could be applied to a wide range of subject material.

A review by Michael Prince of the literature on active learning reveals a consensus on the importance of interactive engagement and how it can improve student learning outcomes by facilitating a more hands-on learning experience.2 As Richard Hake notes, interactive engagement is designed to “promote conceptual understanding through active engagement of students in heads-on (always) and hands-on (usually) activities which yield immediate feedback through discussion with peers and/or instructors.”3 Enabling student engagement requires teachers to create an environment in which there are repeated opportunities for students to interact both with their instructors and with their peers, all the time receiving continual feedback as they work through problems.4 While the importance and value of the flipped classroom has long been noted, detailed studies have been confined mainly to the sciences, with far less research in the humanities.5 As a result, there are fewer proven templates available for educators looking to flip the humanities classroom. We believe that the model sketched out in this chapter both is easily replicable and has multiple advantages. By using an accessible interdisciplinary approach that combines digital humanities with history and law, Teaching with Trials encourages active learning by students through ongoing collaboration with their peers while also promoting a deeper engagement with primary source materials. In particular, the model encourages students to engage in targeted research and develops their critical analysis skills by requiring them to closely examine a wide variety of sources in order to formulate a persuasive argument for their respective sides.

Our experiment with Teaching with Trials proved highly successful. Combining digital humanities platforms with the flipped classroom approach provides, we believe, an excellent means of engaging students and making the most of class time.

NOTES

1. Adam Clulow, Amboina 1623: Conspiracy and Fear on the Edge of Empire (New York: Columbia University Press, 2019).

2. Michael Prince, “Does Active Learning Work? A Review of the Research,” Journal of Engineering Education 93, no. 3 (2004): 223–231.

3. Richard Hake, “Interactive-Engagement versus Traditional Methods: A Six-Thousand-Student Survey of Mechanics Test Data for Introductory Physics Courses,” American Journal of Physics 66, no. 1 (1998): 64–74.

4. Todd Davis and Patricia Murrell, “A Structural Model of Perceived Academic, Personal and Vocational Gains Related to College Student Responsibility,” Research in Higher Education 34, no. 3 (1993): 267–289.

5. For example, see Arthur Chickering and Zelda Gamson, “Seven Principles for Good Practice in Undergraduate Educations,” Biochemical Education 17, no. 3 (1989): 140–141; Scott Freeman, Sarah Eddy, Miles McDonough, Michelle Smith, Nnadozie Okoroafor, Hannah Jordt, and Mary Pat Wenderoth, “Active Learning Increases Student Performance in Science, Engineering, and Mathematics,” Proceedings of the National Academy of the Sciences of the United States of America 111, no. 23 (2014): 8410–8415; Edward Redish, Jeffery Saul, and Richard Steinberg, “On the Effectiveness of Active-Engagement Microcomputer-Based Laboratories,” American Journal of Physics 65, no. 45 (1998): 45–54; Karl Smith, Sheri Shepard, David Johnson, and Roger Johnson, “Pedagogies of Engagement: Classroom-Based Practices,” Journal of Engineering Education 94, no. 1 (2005): 87–101.

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