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Morgan Academy students learn about Constitution and court from circuit court judge

By Toni Milbourne - For the Chronicle | Sep 23, 2022

Students from Morgan Academy in Shepherdstown take part in a mock trial, of sorts, on Friday at the Charles Town Courthouse. Judge David Hammer presided over the event, with Magistrate Arthena Roper assisting. Toni Milbourne

CHARLES TOWN — Students in grades 6-8 at Morgan Academy in Shepherdstown traveled to the historic Charles Town Courthouse last Friday, to learn about the U.S. Constitution and the court system from Circuit Court Judge David Hammer, of Shepherdstown.

Throughout this week, designated as Constitution Week, and culminating on Constitution Day on Friday, the students studied the document that governs the nation. During what is known as the academy’s “morning circle,” different teachers from the school presented information about the U.S. Constitution to the full student body.

Hammer welcomed the academy’s older students to the courthouse, to go more in-depth than what they already had in class.

“The first Constitution Day was in 2005,” Hammer said. “This is the first time I have had a group come in. I’m in a position I should do it.”

Upon the arrival into the courtroom, students were required to rise at the entrance of the judge, just as if they were attending a daily court session. It had been predetermined that one student would be “charged” with a crime and called to the bench before the judge.

Jackson Thompson, the student whom the judge addressed as the alleged criminal, was told he was accused of a crime and that the judge found him guilty. He was to be placed in the pillory, as he was convicted, and was to forfeit his property and liberty. A pillory, the judge defined for the students, is a wooden frame with holes for the heads and hands, where a prisoner was placed and exposed to the public.

Following the acting out of the scenario, the judge asked the students what problems they saw with how their classmate was treated in the courtroom. Hands raised immediately, with answers such as he had no lawyer, to the fact that there was no jury. In addition, the young man was not allowed to defend himself, nor was he given any ability to appeal the harsh sentence of the judge.

“I acted as judge, jury and executioner,” Hammer said.

He then went into a discussion of how the U.S. Constitution eliminated much of how those facing charges used to be treated.

“Life, liberty and property is what the Constitution protects,” Hammer told the students, adding that as far as in a court, there is now a process that has to be followed.

“The 14th Amendment talks about trials,” Hammer told the group as he explained the roles of witnesses, lawyers, judges and the jury.

Magistrate Arthena Roper was also in the courtroom, and took time to share about her role as a magistrate.

“My duty is to tell the individual what the charges are after I have been given information from police,” Roper said. “I also explain the rights the person has, including making sure that he has a lawyer and an interpreter if needed. If there is probable cause, the individual is arraigned and has bond set. In West Virginia, there is no bond permitted in cases of murder or kidnapping.”

“He is presumed innocent,” Hammer interjected, adding that, while bond is sometimes difficult to pay, it is not to be set in an unreasonable or impossible amount.

Giving a short interlude on the history of the Jefferson County Courthouse, Hammer shared the historical account of John Brown, who was tried in Charles Town for treason after attempting to create a slave uprising.

“You have to remember that the original form of the Constitution allowed slaves to be held,” Hammer said, as he stressed that the document is considered a living document that is changeable.

Hammer also focused on the preamble to the Constitution, asking the students what specific phrases or words meant.

“If you do nothing else today, think about the preamble and what it means, not only today but in the future,” Hammer said.

He explained that the document in total is filled with checks and balances, such as between the branches of government. He focused part of his presentation on the first 10 amendments, the Bill of Rights.

At the end of the session, students said there were several things they learned, including that there are three types of juries — petit, regular and grand — and what each of those does. One student added that he didn’t know there was not a death penalty in West Virginia, while another commented on how vague the Constitution is in general.

All expressed their appreciation over meeting Hammer and Roper.