curriculum for constitutional law grade 11 & 12 · rahway public schools curriculum unit...

CURRICULUM

FOR

CONSTITUTIONAL

LAW

GRADE 11 & 12

This curriculum is part of the Educational Program of Studies of the Rahway Public

Schools.

ACKNOWLEDGMENTS

Tiffany Lynch, Program Supervisor of Literacy

The Board acknowledges the following who contributed to the preparation of this

curriculum.

John Odin

Subject/Course Title: Date of Board Adoptions:

Constitutional Law August 30, 2011

Grade 11 & 12 Revised – November 21, 2017

RAHWAY PUBLIC SCHOOLS CURRICULUM

UNIT OVERVIEW

Content Area: Social Studies

Unit Title: Constitutional Law, Unit #1: An Introduction to the United States Constitution

Target Course/Grade Level: Social Studies – Grade 11 and 12

Unit Summary: The U.S. Constitution is the framework of our government. It guarantees each American certain basic rights and protections

from excessive power by the federal government. Students will learn what the purposes are of the most significant constitutional amendments,

how amendments are made to the constitution, and basic constitutional law principles. To include; idea that “rights are absolute”, the use of

“balancing tests” and the constitutional floor” for rights.

Approximate Length of Unit: 10 weeks

Primary interdisciplinary connections: Literature, history, civics

LEARNING TARGETS

Standards:

6.1 U.S. History: America in the World

All students will acquire the knowledge and skills to think analytically about how past and present interactions of people, cultures, and the

environment shape the American heritage. Such knowledge and skills enable students to make informed decisions that reflect fundamental rights

and core democratic values as productive citizens in local, national, and global communities.

Content Strand:

6.1.12.A.2.b Evaluate the importance of the Declaration of Independence, the Constitution, and the Bill of Rights to the spread of

democracy around the world.

6.1.12.A.2.d Compare and contrast the arguments of Federalists and Anti-Federalists during the ratification debates, and assess their

continuing relevance.

6.1.12.A.2.e Explain how judicial review made the Supreme Court an influential branch of government, and assess the continuing

impact of the Supreme Court today.

6.1.12.A.14.a Evaluate the effectiveness of the checks and balances system in preventing one branch of national government from

usurping too much power during contemporary times.

6.1.12.A.14.b Analyze how the Supreme Court has interpreted the Constitution to define the rights of the individual, and evaluate the

impact on public policies

21st Century Life and Career Skills:

9.1.12.A.1 Apply critical thinking and problem-solving strategies during structured learning experiences.

9.1.12.A.2 Participate in online strategy and planning sessions for course-based, school-based, or outside projects (Mock Trials and

debates).

9.1.12.A.3 Assess how a variety of problem-solving strategies are being used to address solutions to global problems by

participating in online discussions with peers from other countries.

9.1.12.A.4 Justify problem-solving strategies used in the development of a particular innovative product or practice in the United

States and in another country.

9.1.12.B.1 Present resources and data in a format that effectively communicates the meaning of the data and its implications for

solving problems, using multiple perspectives.

9.1.12.B.2 Create and respond to a feedback loop when problem solving.

9.1.12.C.1 Enlist input from experts in the field, community members, and other stakeholders to design a service-learning activity

that addresses a local, national, or worldwide need.

9.1.12.C.2 Analyze the common traits of effective state, national, or international leaders.

9.1.12.C.3 Explain why some current and/or past world leaders have had a greater impact on people and society than others,

regardless of their countries of origin.

9.1.12.C.4 Demonstrate leadership and collaborative skills when participating in online learning communities and structured

learning experiences.

English/Language Arts:

Cite specific textual evidence to support analysis of primary and secondary sources, connecting insights gained from specific details to

an understanding of the text as a whole.

Determine the central ideas or information of a primary or secondary source; provide an accurate summary that makes clear the

relationships among the key details and ideas.

Evaluate various explanations for actions or events and determine which explanation best accords with textual evidence, acknowledging

where the text leaves matters uncertain.

Determine the meaning of words and phrases as they are used in a text, including analyzing how an author uses and refines the meaning

of a key term over the course of a text (e.g., how Madison defines faction in Federalist No. 10).

Analyze in detail how a complex primary source is structured, including how key sentences, paragraphs, and larger portions of the text

contribute to the whole.

Integrate information from diverse sources, both primary and secondary, into a coherent understanding of an idea or event, noting

discrepancies among sources.

By the end of grade 12, read and comprehend history/social studies texts in the grades 11–CCR text complexity band independently and

proficiently.

Unit Understandings:

Students will understand that…

the importance of the America’s primary documents to include:

o U.S. Constitution

o The Declaration of Independence

o The Bill or Rights

arguments made by the Federalists and Anti-Federalists as they relate to the ratification debates. This examination will encompass these

debates as they also relate to today’s differing views of the federal government.

the role of the U.S. Supreme Court from its formation to today

the importance of Judicial Review and how it is the lynchpin of our legal system.

the importance system of checks and balances and how it provides the framework for our system governance.

The Supreme Court is a dynamic entity that is a reflection of our society and changes as per it’s rulings as the feelings and philosophies

of societies change though they are at times the reflection for the right decision not the most popular one.

Unit Essential Questions:

Explain how the U.S. Constitution provides the framework for our society as well as government.

Describe the goals of the Bill of Rights and how they are as important to today’s America as they were when they were written.

Understand the historical importance of the Federalists and Anti-Federalists philosophies.

Understand how the Federalist and Anti-Federalist philosophies play as important a role today as they did when they were drafted

Students will understand how the Supreme Court is formed and the mechanism by which a case comes before the court and how rulings

are handed down.

In what way(s) does the system of checks and balances effect the government; laws being made, legislation passed, etc.

Knowledge and Skills:

Students will know…..

Key Terms: The U.S. Constitution, the Bill of Rights, the declaration of independence, federalism, anti-federalism, the Supreme

Court, checks and balances, free speech, freedom of assembly, freedom of the press, freedom of religion, right to bear arms, freedom

from unreasonable search and seizure, protection against self-incrimination (right to remain silent), right to an impartial jury of peers,

protection against cruel and unusual punishment, right to vote, due process of law, equal protection of law

Rank the following by importance; Right to Privacy, Right to a jury trial, Right to freedom of religion, Right to freedom of speech,

Right to be free of self incrimination, Right to bear arms, Right to freedom of the press, Right to protection against cruel and unusual

punishment, Right to assemble peacefully, Right to vote.

In recent years, constitutional amendments have been proposed in the following areas, students will determine if they are necessary and

will rank them in order of importance.

o Provide for direct election of the president and vice president, abolishing the Electoral College

o To ensure that children who are citizens have a right to a free and adequate education

o To ensure the right of women to obtain an abortion

o To Congress and the president to a balanced budget, with overspending allowed only in the case of a three-fifths vote of

congress.

What the statement, “Rights are not absolute”? They will also be able to give an example of a right that is not absolute and explain why

this is the case.

How the U.S. Supreme Court uses tests and what test does the Court use when determining whether a state can use a confession

obtained by police from an accused person.

Will be able to give an example of an important economic right; whether it is provided for in the Constitution, should it be and to give

reasons for their answer.

What the Supreme Court Justice meant when he/she wrote that the most important value of free expression is “not free thought for those

who agree with us, but freedom for the thought we hate”.

Public statements of expressions of public opinion that made them angry, how did they feel about protecting the speaker’s right to

freedom of expression, what is the value of hearing opinions they dislike and what is the danger of suppressing unpopular thought?

Will be prepared to answer the question; assume that the United States is fighting a war and they disagree with the decision to be

involved in this war and they want to protest the war, is this protest patriotic or unpatriotic.

Students will be able to …

Define the terms amendment and due process.

Outline two methods of amending the U.S. Constitution.

Summarize the rights guaranteed to individuals in each amendment in the Bill of Rights.

Explain how courts have interpreted the Fourteenth Amendment to apply the Bill of Rights to protections from state and local

governments

Name what the Thirteenth Amendment prohibits.

Explain how voting rights of American citizens were affected by the Fifteenth, Nineteenth, Twenty-Third, Twenty Fourth, and the

Twenty-six Amendments to the U.S. Constitution.

Identify forms of communication protected by guarantees of freedom of speech.

Explain three reasons why the First Amendment’s protection of speech is central to democracy in our country.

Explain the relationship between the First Amendment and the concept of a “marketplace of ideas”.

EVIDENCE OF LEARNING

Assessment:

What evidence will be collected and deemed acceptable to show that students truly “understand”?

Chapter Tests

Section Quizzes

Daily Spot Quizzes

Numerous writing assignments

o Short and long term

Participation in Mock Trials

Participation in Debates

Learning Activities:

What differentiated learning experiences and instruction will enable all students to achieve the desired results?

Participation in the John F. Kennedy Profiles in Courage Essay Contest sponsored by the John F. Kennedy Presidential Library in

Boston Mass.

A Socratic exchange of ideas and discussion during class.

Individual small group activity targeted at brainstorming ideas and concepts covered in class.

Utilization of the text Book reinforcement questions and utilization of the text book Student Workbook

A discussion of current events of a general nature as well as those targeted at the course content.

Participation in Field Trips designed to enhance learning by providing the invaluable experience for students to have hands on

experience with the material. These Field Trips also provide the students with the intrinsically important experience one has when

traveling outside the traditional classroom setting and doing things they may not have the opportunity to.

RESOURCES

Teacher Resources:

Power Point – Presentations designed to inform and enhance the instruction

Computer Programs designed to enhance the class presentation and student comprehension

Various World Wide Web/Internet materials

Various Primary Documents

Lesson Plans

Text Book, “Street Law A Course in Practical Law”. By Street Law, Eighth Edition

o Teachers Edition for above Text Book

o Student Workbook for above Text Book

John F. Kennedy Presidential Library World Wide Website, and Library Staff.

o John F. Kennedy Profiles in Courage Essay Contest instructional material

Franklin D. Roosevelt Presidential Library World Wide Website, and Library Staff.

Equipment Needed:

Computer

LCD projector

Projector screen,

Chalkboard

DVD Player (Computer Driven)


UNIT OVERVIEW


Unit Title: Constitutional Law,, Unit #2:An examination of the U.S. Supreme Court Rulings important to the American Civil Rights

Movement and conduct the first Mock Trial.

Target Course/Grade Level: Social Studies – Grade 11 and 12

Unit Summary: There are three pivotal cases in the United States Civil Rights Movement; Dred Scott v. Sandford (1857), Plessy v. Fergusson

(1896) and Brown v. Board of Education of Topeka, (1954). These three U.S. Supreme Court rulings set the stage for what would be one of the

most important issues facing America. The significance of these cases demonstrated the dynamic nature of the U.S. Supreme Court and how it

addresses the needs of America and though their decisions may not always fall into line with the opinions and feelings of the country it will do

what is right for the nation in the present and the future. The second area this unit will address is to introduce the students to the court/trial system

through the use of our first mock trial.


Primary interdisciplinary connections: Literature, history, civics, public speaking and debate

LEARNING TARGETS

Standards:

6.1 U.S. History: America in the World All students will acquire the knowledge and skills to think analytically about how past and present interactions of people, cultures, and the



Content Strand:

6.1.12.D.2.b Explain why American ideals put forth in the Constitution (i.e., due process, rule of law, and individual rights) have been

denied to different groups of people throughout time.

6.1.12.D.2.e Determine the impact of African American leaders and institutions in shaping free Black communities in the North.

6.1.12.A.4.a Analyze the ways in which prevailing attitudes, socioeconomic factors, and government actions (i.e., the Fugitive Slave

Act and Dred Scott Decision) in the North and South (i.e., Secession) led to the Civil War.

6.1.12.A.4.d Judge the effectiveness of the 13th, 14th, and 15th Amendments in obtaining citizenship and equality for African

Americans.

6.1.12.A.6.c Relate the creation of African American advocacy organizations (i.e., the National Association for the Advancement of

Colored People) to United States Supreme Court decisions (i.e., Plessy v. Ferguson) and state and local governmental

policies.

6.1.12.A.13.b Analyze the effectiveness of national legislation, policies, and Supreme Court decisions (i.e., the Civil Rights Act, the

Voting Rights Act, the Equal Rights Amendment, Title VII, Title IX, Affirmative Action, Brown v. Board of Education,

and Roe v. Wade) in promoting civil liberties and equal opportunities.

6.1.12.D.13.a Determine the impetus for the Civil Rights Movement, and explain why national governmental actions were needed to

ensure civil rights for African Americans.


9.1.12.A.1 Apply critical thinking and problem-solving strategies during structured learning experiences

9.1.12.A.2 Participate in online strategy and planning sessions for course-based, school-based, or outside projects

9.1.12.B.1 Present resources and data in a format that effectively communicates the meaning of the data and its implications for solving

problems, using multiple perspectives


9.1.12.B.3 Assist in the development of innovative solutions to an onsite problem by incorporating multiple perspectives and applying

effective problem-solving strategies during structured learning experiences, service learning, or volunteering.

9.1.12.C.5 Assume a leadership position by guiding the thinking of peers in a direction that leads to successful completion of a challenging

task or project.

9.4.12.A.1 Demonstrate language arts knowledge and skills required to pursue the full range of postsecondary education and career

opportunities.

9.4.12.C.1 Distinguish the functions of government and public administration in society to demonstrate an understanding of key issues.

9.4.12.C.15 Employ critical thinking skills (e.g., analyze, synthesize, and evaluate) independently and in teams to solve problems and make

decisions.

9.4.12.C.16 Employ critical thinking and interpersonal skills to resolve conflicts.

9.4.12.C.17 Identify, write, and monitor performance goals to guide progress in assigned areas of responsibility and accountability.

9.4.12.C.18 Conduct technical research to gather information necessary for decision-making.

9.4.12.G.25 Demonstrate how democratic principles are applied in the process of governmental and administrative policy- making to achieve

the public will.

9.4.12.G.52 Employ leadership skills to accomplish goals and objectives.

9.4.12.D.50 Apply ethical reasoning to a variety of situations in order to make ethical decisions.















proficiently.



The overall importance of the civil rights movement to America as a whole and to the African American Community specifically.

The importance of Supreme Court ruling in Dred Scott v. Sandford (1857) from a general as well as specific standpoint.

The importance of Supreme Court ruling in, Plessy v. Fergusson (1896) from a general as well as specific standpoint.

The importance of Supreme Court ruling in Brown v. Board of Education of Topeka, (1954) from a general as well as specific

standpoint.

Understand why certain groups were not afforded due process as is deemed mandatory in the Constitution.

Understand the important role that many African American leaders played in the civil rights movement generally and the cases under

examination specifically.

Understand the importance of the fugitive slave act as well as it was interrelated to the Dred Scott decision.

Understand the importance of the following Amendments:

o 13th Amendment – Abolition of Slavery (1865)

o 14th Amendment – Rights of Citizens (1868)

o 15th Amendment – The Right to Vote (1870)

The importance of African American advocacy organizations to many of these decisions.

The importance of national legislation intended to increase the rights of African Americans.

Students will understand the importance of the judicial process and be able to explain same.


Explain and define why the Civil Rights movement is as important to America today as it was in the past. Spend time specifically

dealing with why this is so important to the African American community from a current as well as a historical standpoint.

What was the important of the Dred Scott v. Sandford (1857) Supreme Court ruling? Examine this from a historical as well as social

standpoint?

What was the important of the Plessy v. Fergusson (1896) Supreme Court ruling? Examine this from a historical as well as social

standpoint?

What was the important of the Brown v. Board of Education of Topeka, (1954) Supreme Court ruling? Examine this from a historical as

well as social standpoint?

What was the importance of excluding certain groups from due process as is deemed necessary in the U.S. Constitution? These groups

being African Americans post American Civil War.

What was the important of African American leaders to the civil rights movement? Again this should be looked at generally and

specifically.

Examine and explain the importance of the Fugitive Slave Act as it played an important role in the cases we are examining.

Examine the 13th, 14th and 15th Amendments and define the important role they play in America historically and socially.

There are a number of African American advocacy groups in America, you are to examine each provide an analysis of same and

determine their importance to not only America generally but to the African American community specifically.

What is the progression of events that takes place when a trial takes place; civil or criminal?



Key Terms: National Association for the Advancement of Colored People (NAACP), due process, the 13th Amendment, 14th

Amendment, 15th Amendment, court/trial procedure, opening statement, closing statement, direct examination, cross examination, jury

charge, the role of the attorney in court – prosecution and defense, Dred Scott v. Sandford (1857), Plessy v. Fergusson (1896), Brown v.

Board of Education of Topeka, (1954), Fugitive Slave Act.

The importance of the Supreme Court decision in Dred Scott v. Sandford (1857) and how it played an important role in pre-civil war

America. Within the following holding:

1. Persons of African descent cannot be, nor were ever intended to be, citizens under the U.S. Constitution. Thusly the Plaintiff is

without standing to file a suit.

2. The Property Clause is only applicable to lands possessed at the time of ratification (1787). As such, Congress cannot ban slavery in

the territories. Missouri Compromise is unconstitutional.

3. Due Process Clause of the Fifth Amendment prohibits the federal government from freeing slaves brought into federal territories.

The importance of the Supreme Court decision in Plessy v. Fergusson (1896) and how it played a vital role, leading up to the all

important Brown v. Board of Education of Topeka, (1954):

o The "separate but equal" provision of private services mandated by state government is constitutional under the Equal

Protection Clause.

The importance of the Supreme Court decision in Brown v. Board of Education of Topeka, (1954) and how it changed America’s views

on discrimination and afforded African American’s the opportunity to have the same educational opportunities as Caucasians. Within

the following holding:

o Segregation of students in public schools violates the Equal Protection Clause of the Fourteenth Amendment, because separate

facilities are inherently unequal. District Court of Kansas reversed.

The importance of all of these Supreme Court rulings from an individual case standpoint as well as collectively.

Understand the chain of events that take place in a criminal or/civil trial.

Understand the component parts of a criminal and and/or civil trial.


Analyze all of the Supreme Court Rulings under review individually then provide a comparative analysis of any and all factors relevant

to these cases from a historical as well as social standpoint.

Identify and participate in a number of debates that analyze the cases under review.

o Students will have to take sides in these debates that they do not agree with as well as they do agree with.

Participate in the Mock Trial that will be conducted;

o Students will take different roles in a trial that the teacher will select.

Write a detailed analysis of each of the cases that will be part of a major grade.

o These essays will be the first major report(s) of the school year (and will be turned in thru, Turitin.com).

o This analysis will be of each case individually as well as collectively.

o It will be necessary to annotate and provide research for these papers.


Assessment:


Chapter Tests

Section Quizzes

Daily Spot Quizzes





http://en.wikipedia.org/wiki/Standing_%28law%29

http://en.wikipedia.org/wiki/Property_Clause

http://en.wikipedia.org/wiki/Missouri_Compromise

http://en.wikipedia.org/wiki/Due_process

http://en.wikipedia.org/wiki/Fifth_Amendment_to_the_United_States_Constitution

http://en.wikipedia.org/wiki/Equal_Protection_Clause


http://en.wikipedia.org/wiki/Public_school_%28government_funded%29


http://en.wikipedia.org/wiki/Fourteenth_Amendment_to_the_United_States_Constitution




Boston Mass.



Utilization of the Text Book reinforcement questions and utilization of the text book Student Workbook





RESOURCES

Teacher Resources:

Power Point– Presentations designed to inform and enhance the instruction




Lesson Plans

Text Book, “Street Law a Course in Practical Law”. By Street Law, Eighth Edition






Equipment Needed:

Computer

LCD projector

Projector screen,

Chalkboard



UNIT OVERVIEW


Unit Title: Constitutional Law, Unit #3: An examination of the United States Court System and an analysis of major Supreme Court rulings.

Unit Summary: In the United States, there are many court systems. Each state has its own court system and the federal court system exists at the

national level. Each of these systems has trial and appeals courts as well as a number of tribal justice systems. The highest court in the land is the

Supreme Court of the United States. The Supreme Court hears appeals from the other court systems, these cases then become Supreme Court

rulings. The second portion of this unit will be an analysis of the following major Supreme Court rulings showing the importance of the court to

the fabric of American Society; United States v. Libellants and Claimants of the Schooner Amistad (1841), Escobedo v. Illinois (1964), Gideon v.

Wainwright (1963), Mapp v. Ohio (1961), Miranda v. Arizona (1966), Regents of the University of California v. Bakke (1978), Roe v. Wade

(1973), Tinker v. Des Moines School District (1969), United States v. Nixon v. (1973).



LEARNING TARGETS

Standards:





Content Strand:

6.1.12.A.2.e Explain how judicial review made the Supreme Court an influential branch of government, and assess the continuing

impact of the Supreme Court today.

6.1.12.D.2.b Explain why American ideals put forth in the Constitution (i.e., due process, rule of law, and individual rights) have been

denied to different groups of people throughout time.

6.1.12.A.3.d Describe how the Supreme Court increased the power of the national government and promoted national economic

growth during this era.

6.1.12.A.6.c Relate the creation of African American advocacy organizations (i.e., the National Association for the Advancement of

Colored People) to United States Supreme Court decisions (i.e., Plessy v. Ferguson) and state and local governmental

policies.

6.3.4.A.1 Evaluate what makes a good rule or law.

6.3.12.D.1 Analyze current laws involving individual rights and national security, and evaluate how the laws might be applied to a

current case study that cites a violation of an individual's constitutional rights.




9.1.12.B.1 Present resources and data in a format that effectively communicates the meaning of the data and its implications for solving

problems, using multiple perspectives


9.1.12.B.3 Assist in the development of innovative solutions to an onsite problem by incorporating multiple perspectives and applying

effective problem-solving strategies during structured learning experiences, service learning, or volunteering.

9.1.12.C.5 Assume a leadership position by guiding the thinking of peers in a direction that leads to successful completion of a challenging

task or project.


opportunities.

9.4.12.C.1 Distinguish the functions of government and public administration in society to demonstrate an understanding of key issues.

9.4.12.C.15 Employ critical thinking skills (e.g., analyze, synthesize, and evaluate) independently and in teams to solve problems and make

decisions.




9.4.12.G.25 Demonstrate how democratic principles are applied in the process of governmental and administrative policy- making to achieve

the public will.

















proficiently.



The overall complexity of the court system and its progressive nature.

The many layers of the court system starting with the municipal courts progressing through the superior level and state up through the

federal and to culminate in the U.S. Supreme Court.

Will gain a greater understanding and appreciation for the important participants in our court system (an examination that began in the

last unit).

Will gain a greater understanding and appreciation for the important issues and steps in trials that take place in our court system (an

examination that began in the last unit).

The underpinnings, issues, decisions and causes of many of the important topics addressed in these cases and rulings. The cases and

issues that will be examined are below:

1. United States v. Libellants and Claimants of the Schooner Amistad (1841)

2. Escobedo v. Illinois (1964)

3. Gideon v. Wainwright (1963)

4. Mapp v. Ohio (1961)

5. Miranda v. Arizona (1966)

6. Regents of the University of California v. Bakke (1978)

7. Roe v. Wade (1973)

8. Tinker v. Des Moines School District (1969)

9. United States v. Nixon v. (1973)

10. The battle that ensued between President Franklin D. Roosevelt and the Supreme Court


Address the complexity of the court system; specifically how the courts operate on different levels depending on the crime.

How do the courts work in relation to levels of the crimes and/or seriousness of crimes and how does the court address these levels

so that the proper importance is given to the relative trial.

What is the role of the following participants in the court system and how are the important to an efficient trial court:

o Trial Courts

o Parties

o Plaintiff

o Prosecutor

o Defendant

o Appellate or appeals court

o Adversarial system

o Inquisitional system

What is the role of the following in a trial and how are they important to an efficient trial court:

o Opening Statement by Plaintiff or Prosecutor

o Opening Statement by Defense

o Direct Examination by Plaintiff or Prosecutor

o Cross Examination by Defense

o Motions

o Direct Examination by Defense

o Cross Examination by Plaintiff or Prosecutor

o Closing Statement by Plaintiff or Prosecutor

o Closing Statement by Defense

o Rebuttal Argument

o Jury Instructions

o Verdict

What are the important issues that the following U.S. Supreme cases addressed; what were the historical and social ramifications of

these cases? It should be noted this analysis will take a great deal of time and effort. Written analysis will be the rule of the day.

1. United States v. Libellants and Claimants of the Schooner Amistad (1841)

2. Escobedo v. Illinois (1964)

3. Gideon v. Wainwright (1963)

4. Mapp v. Ohio (1961)

5. Miranda v. Arizona (1966)

6. Regents of the University of California v. Bakke (1978)

7. Roe v. Wade (1973)

8. Tinker v. Des Moines School District (1969)

9. United States v. Nixon v. (1973).

10. The battle that ensued between President Franklin D. Roosevelt and the Supreme Court



Key Terms: See above, terms and Supreme Court rulings (cases):

Is the adversarial system the best for solving disputes; why or why not?

Do they (the students) agree or disagree with the following statement; “Is it better that ten guilty persons go free than that one innocent

person suffer conviction”?

In a criminal case, should a lawyer defend a client he or she knows is guilty? Would they defend someone they know was guilty?

What reasons can be given for excluding a person from jury service; members of the clergy, attorneys, physicians, police officers, and

convicted felons? Should everyone be required to serve on juries?

If they were a defense attorney questioning jurors at the voir dire in a murder trial what questions would you ask potential jurors?

What reasons might an attorney use a preemptory challenge?

While Students examine the following issues they will have to decide which level of court should they be heard in; federal or state:

o A state uses a neighboring state for dumping waste in a river that borders both states.

o A person is prosecuted for assaulting a neighbor.

o Two divers crash their cars into each other. One driver sues the other for medical bills and car repairs.

o A group of parents sues the local school board, asking that their children’s school budget desegregated.

In the case of Gideon v. Wainwright what was the precedent that the Supreme Court set? Who has to follow this precedent?

o Who would have to follow the precedent if the case had been decided by a judge in a state supreme court?

o Does the Gideon case apply if you are charged with a misdemeanor? Does it apply if you are sued in a civil case?

The following scenarios should be addressed:

o Premise; the student is a legal counsel to the president. One of the Supreme Court justices has just announced his resignation.

Many groups and individuals are suggesting names of people they think should be nominated by the president. Write a memo

to the president describing the type of person who should be nominated to the U.S. Supreme Court.

o As legal counsel to the president, look at the following characteristics of potential Supreme Court nominees. Rank them from

most important to least important. The student should be prepared to give reasons for their choices.

45 years old

Hispanic American

Graduated first in class from a top law school

Respected trial judge

Smoked marijuana while a law professor 20 years ago

Believes that affirmative action is unconstitutional

Believes in a woman’s right to an abortion

Lives in California (assume there are no current justices from the West Coast).

Practicing Catholic (assume there are no Catholics at present on the court).

o Assume the student is member of the Senate Judiciary Committee. A nominee for the Supreme Court has an excellent

reputation as a lawyer and lower court judge but if confirmed is committed to overturn the case (Roe v. Wade, (1973)) that

established a woman’s right to choose an abortion. Voters in your state tend to support the right to choose. How would you

vote on the nominee?


Define the terms trial court, parties, plaintiff, prosecutor, defendant, adversarial system, inquisitional system, plea bargain, stare decisis,

voir dire, removal for cause and preemptory challenge.

State one argument against the adversarial system.

Describe the roles of judges, juries, defense attorneys, prosecutors and plaintiffs in a trial.

Define the terms; appeals court, error of law, precedent, dissenting opinion and concurring opinion

Describe conditions under which a case can be appealed to higher courts.

Distinguish among and explain the functions of the majority and dissenting opinions.

Define the term probate.

List various types of courts and explain the cases they deal with.

Classify cases according to jurisdiction of specific courts

Define the terms inherent powers and delegated powers in the context of tribal courts and give examples of each.

Explain which court(s) have jurisdiction over criminal and civil matters that take place on reservations.

Describe the benefits of havening the courts follow precedent and adhere to stare dicisis.

Define the term, petitions for certiorari.

Explain the types of cases which are likely to be granted certiorari by the Supreme Court.

Describe the types of cases that might be brought to the International Court of Justice and the International Criminal Court.

Debate the reasons the United States should sign the treaty supporting the International Criminal Court.


Assessment:


Chapter Tests

Section Quizzes

Daily Spot Quizzes








Boston Mass.








RESOURCES

Teacher Resources:





Lesson Plans

Text Book, “Street Law a Course in Practical Law”. By Street Law, Eighth Edition






Equipment Needed:

Computer

LCD projector

Projector screen,

Chalkboard



UNIT OVERVIEW


Unit Title: Constitutional Law, Unit #4: An examination of Criminal Law and Juvenile Justice.

Unit Summary: This unit will explore the nature of crime and current issues in criminal law to include; gangs, guns, computer crimes and a

variety of crimes and defenses. There will be an examination of the criminal justice process from the investigation phase through sentencing and

corrections. The unit also will explore the juvenile justice system and the debate over whether juveniles should be treated differently than adults.

To complete this section there will be a focus on law and terrorism then ask students to consider which civil liberties if any they would be willing

to give up to feel secure in the face of terrorism.



LEARNING TARGETS

Standards:





Content Strand:

6.1.12.A.14.h Assess the effectiveness of government policies in balancing the rights of the individual against the need for national

security.

6.1.12.D.14.b Assess the effectiveness of actions taken to address the causes of continuing urban tensions and violence.

6.1.12.D.15.d Analyze the reasons for terrorism and the impact that terrorism has had on individuals and government policies, and

assess the effectiveness of actions taken by the United States and other nations to prevent terrorism.

6.3.12.D.1 Analyze current laws involving individual rights and national security, and evaluate how the laws might be applied to a

current case study that cites a violation of an individual's constitutional rights.




9.1.12.B.1 Present resources and data in a format that effectively communicates the meaning of the data and its implications for

solving problems, using multiple perspectives


9.1.12.B.3 Assist in the development of innovative solutions to an onsite problem by incorporating multiple perspectives and

applying effective problem-solving strategies during structured learning experiences, service learning, or volunteering.

9.1.12.C.5 Assume a leadership position by guiding the thinking of peers in a direction that leads to successful completion of a

challenging task or project.


opportunities.

9.4.12.C.1 Distinguish the functions of government and public administration in society to demonstrate an understanding of key

issues.

9.4.12.C.15 Employ critical thinking skills (e.g., analyze, synthesize, and evaluate) independently and in teams to solve problems and

make decisions.




9.4.12.G.25 Demonstrate how democratic principles are applied in the process of governmental and administrative policy-making to

achieve the public will.

















proficiently.



Crime is the violation of a law established to protect people and maintain an orderly society. People everywhere are affected by crime;

however, certain factors such as age, gender, and location influence the likelihood of becoming a victim of crime. Authorities disagree

over the causes of crime. So argue that poverty, gang activity, drug and alcohol abuse, and inadequate police protection are to blame.

They believe that working to end these problems would lead to a decrease in crime rates.

Crimes are characterized by three elements: the act itself; a guilty state of mind, meaning the act was done intentionally, knowingly, or

willfully; and a motive, or the reason for performing the act. Each of these three elements must be proven at trial in order to obtain a

conviction. Criminal laws at both the federal and state levels cover different classes of crimes. Felonies are serious crimes publishable

by more than one year in prison. Misdemeanors are less serious and can result in one year or less in prison.

Crimes against persons are crimes directed at people. They include homicide, kidnapping, assault and battery, and rape. (Robbery is

also a crime against a person, but is dealt with in a later unit because it is a crime against property). All of these are serious crimes and a

defendant found guilty of any one of them could receive a harsh sentence. State laws define the elements of these crimes quite

specifically.

It is also a Crime when property is destroyed, such as arson and vandalism, and crimes in which property is taken against the will of the

owner, such as a larceny. Cybercrimes such as identity theft and cyber stalking will also be examined along with laws and strategies

that are used to prevent and address computer crimes.

For a conviction to occur in a criminal case, two requirements must be met. The prosecutor must establish beyond a reasonable doubt

that the defendant committed the act with the required intent. The defendant does not have to present a defense. He or she can simply

force the government (the prosecutor) to prove its case. Several defenses are available to defendants in criminal cases.

The criminal justice process includes everything that happens to a person from arrest through prosecution and conviction to release from

control by the state. The unit will deal with the investigation phase, which includes arrest, search and seizure, interrogations and

confessions. To build a case against the accused, the police gather information about a crime and collect evidence against suspected

criminals. The suspects also have constitutional rights during the investigation phase to include how the U.S. Constitution limits what

police can do.

After the arrest of a criminal suspect, but before the criminal case reaches the courtroom, several preliminary proceedings take place.

Most of these proceedings are standard for every case. Depending on the specific circumstances and the result of these preliminary

proceedings, the charges may be dropped or the defendant may plead guilty. If either of these two things occurs, there will be no trial.

Many of the basic rights are set forth in the U.S. Constitution apply to people who have been accused of a crime. Accused people are

entitled to be informed of their rights and of the charges against them, to confront and cross-examine witnesses, to require witnesses to

testify on their behalf, to refuse to testify against themselves, and to be represented by an attorney. These rights together constitute the

over right to a fair trial.

Sentencing and corrections are the final phases of the criminal justice process. If found guilty, a defendant will be sentenced by a judge

or a jury, depending on individual state law. The sentence is the most critical decision in the process, as it can determine a defendant’s

fate for years or even life. Several sentencing options exist, ranging from suspended sentence and probation to imprisonment or even

death. Criminal sentences serve a number of purposes; including retribution, deterrence, rehabilitation, and incapacitation.

Juveniles who break the law are treated differently than adults; however this has not always been the case. In earlier times, children

were housed in the same jails as adults. Long prison terms and corporal punishment were common, and some children were even

sentenced to death. Today, there is a separate justice system for juvenile offenders, although in some cases juveniles can be treated as

adults. Sentencing options for juvenile offenders range from counseling and probation to time spent in juvenile correctional facilities.

The terrorist attacks against the United States on September 11, 2001 and concerns about future attacks led President George W. Bush,

Congress, state legislators, and mayors of U.S. cities to institute new laws and policies to protect Americans. This “War on Terror” is a

source of continuing debate and controversy. Civil liberties groups and others claim that many provisions of these laws are not justified

in terms of security and therefore go too far in restricting individual rights when the United States is not officially at war. Supporters of

the new laws state that the danger from terrorism is even worse than a declared war because the enemy is hidden.


Two general factors influence the accuracy of crime statistics: (1) the degree to which victims and others in the community are

willing to report crimes and (2) the ability of the police to keep accurate records. For example, a slight increase in a community’s

reported crime rate could be caused by the greater public trust in the police, resulting in an increased willingness to report crime

and or better police record keeping, as opposed to an actual increase in crimes committed. Students must explain why victims

sometimes do not report crimes or cooperate fully with prosecutors.

Students must answer the following question; should a person’s intention matter if an act was done on purpose? If it was done

when a person was being reckless and/or if it was done when a person was enraged?

Students must determine what the most recent homicide rate is and whether the rate has remained stable, increased or decreased

since 1979 then deal elaborate on the following questions:

o How the homicide rates have compared by race, age, and gender over time.

o The difference between whether male and female murder victims of crime knew their assailants.

o Which types of weapons were most often involved in murders over time?

Using data from crime reports students are to answer the following questions:

o How many property crimes were estimated for the most recent reported year? Is that an increase or decrease over

previous years? If so, by what percentage?

o How many robberies and how many burglaries were estimated in the most recent reporting year? How does these figures

compare to the previous five years?

o What is the estimated dollar amount lost due to robbery in the most recent reported year? What is estimated dollar

amount lost due to burglary in the most recent reported year?

Students will be instructed in the term, mens rea and the basic idea of a guilty state of mind. Meaning the person who did the act

did so intentionally, knowingly, or willfully. How do these issues play into the requirements for the following defenses; infancy,

intoxication and insanity.

Students must be able to define the following terms, individually and comparatively: Consensual encounter, a stop (also known as

an investigative detention), stop and frisk, Arrest.

Students must know the reason for the court’s system of bail in our society. How does bail relate to our basic ideas of justice and to

our Bill or Rights? The answer must contain, the right to bail is based on the idea that a person is presumed innocent until proven

guilty. The right to bail is contained in the Eighth Amendment.

Students must give their opinion on what are the qualities of a good juror.

Students must understand and be able to discuss the different ways a defendant can be sentenced. An issue that has become

relevant is a judge or politician being accused of being soft on crime which in some states has led to determinate sentencing.

Students must be able to define determinate sentencing and what are the ramifications of same.

Some people believe that parents should be responsible for the crimes of their children. This is especially true in instances of;

selling narcotics, belonging to gangs, acts of violence, etc. Students should have an opinion on this and be able to discuss the issue

and take a definitive stand.

Students must be able to define Terrorism. Although an act of terrorism can be easy to recognize, the term itself is difficult to

define and will take reflection and study but students must be able to define what it is in a way that makes sense to them.



Key Terms: Crime, incarceration, community policing, gangs, drunk driving, driving while intoxicated, driving under the influence,

substance abuse, implied consent, Controlled Substance Act, recidivist, restitution, state of mind, mens rea, strict liability, statutory rape,

elements, felony, misdemeanor, principal, accomplice, accessory before the fact, accessory after the fact, crime of omission, inchoate

crimes, solicitation, attempt, conspiracy, overt act, homicide, first degree murder, premeditated, felony murder, second degree murder,

voluntary manslaughter, involuntary manslaughter, negligent homicide, negligence, suicide, assault, battery, stalking, bullying, cyber

stalking, sexual assault, rape, statutory rape, criminal sexual contact, acquaintance rape or date rape, arson, larceny, shoplifting,

concealment, embezzlement, robbery, extortion, burglary, forgery, property, unauthorized use of a vehicle, carjacking, cybercrime, alibi,

DNA evidence, infancy, intoxication, insanity defense, entrapment, duress, necessity, arrest, arrest warrant, probable cause, drug courier

profile, corroborate, search and seizure, exclusionary rule, search warrant, bona fide, affidavit, racial profiling, interrogate, self-

incrimination, custodial interrogation, booking, arraignment, bail, personal recognizance, information, preliminary hearing, indictment,

Nolo contendere, pretrial motion, motion for discovery of evidence, motion for continuance, motion for change of venue, motion to

suppress evidence, judicial integrity, deterrence, plea bargaining, due process, waive, voir dire, for-cause challenge, peremptory

challenge, subpoena, contempt of court, immunity, indigent, double jeopardy, petitioner, appellant, writ, habeas corpus, suspended

sentence, probation, home confinement, fine, restitution, work release, imprisoned, death penalty, presentence report, retribution,

deterrence, rehabilitation, incapacitation, parole, capital punishment, aggravating circumstances, mitigating circumstances, reentry,

parens patriae, delinquent offenders, status offenders, neglected, abused children, juvenile waiver, statutory exclusion direct file, intake,

initial hearing, preventive detention, adjudicatory hearing, disposition, aftercare, expunged, habeas corpus, USA Patriot Act

Be able to do the following:

o Explain who determines what constitutes a crime and the goals for designating crimes.

o Debate the seriousness of various actions to determine what should be designated a crime.

o Interpret trends in the number crimes reported, arrests made, and who are the victims in the United States.

o Compare various theories about the causes of crime.

o Evaluate methods of reducing crime.

o Define the terms crime, incarceration, and community policing.

o Name three elements of a guilty state of mind.

o Describe the difference between motive and state of mind.

o Identify an example of a strict liability offense.

o Explain how a strict liability offense differs from other crimes.

o Define the terms, state of mind, mens rea, motive, strict liability and statutory rape.

o Differentiate between first-degree murder, felony murder, and second degree murder.

o Differentiate between voluntary and involuntary manslaughter.

o Cite examples of negligent homicide.

o List examples of noncriminal homicide.

o Define the terms, homicide, malice, first-degree murder, felony murder, second-degree murder, voluntary manslaughter,

involuntary manslaughter, negligent homicide, and negligence.

o Define the terms vandalism, larceny, shoplifting, and concealment.

o Identify types and consequences of vandalism.

o Identify two synonym for vandalism

o Identify two classes of larceny.

o Describe the relationship between larceny and keeping lost or miss-delivered property.

o State what a prosecutor must prove for a conviction to occur in a criminal case.

o Identify what a defendant is not required to do in a criminal case.

o Describe how a defendant may establish reasonable doubt that he or she did not commit a crime.

o Define the terms alibi and DNA evidence.

o Identify when an arrest takes place.

o Describe the Fourth Amendment rights a person has during arrest.

o Identify steps on a diagram on the criminal justice process.

o Describe what an arrest warrant must contain and how it is obtained.

o List factors that show probable cause.

o Explain the debate over the use of drug courier profiles in light of the requirement of “Individualized suspicion”.

o Know the powers of the police and the rights of the individual when police stop and question those suspected of a crime.

o Describe the guidelines concerning the amount of force officers’ use.

o Describe what a person should and should not do if arrested

o Define the terms arrest, arrest warrant, probable cause, drug courier profile, corroborate, reasonable suspicion, and stop and

frisk.

o Identify two circumstances during preliminary proceedings that may result in no trial.

o List steps involved in booking a person.

o Identify four things that may occur at an initial appearance in court.

o Identify he most important part of the initial appearance.

o Define the terms booking and arraignment

o Summarize the rights to which people accused of crimes are entitled.

o State how the Sixth Amendment protects people accused of crimes.

o Identify circumstances in which a jury trial in not required.

o State how the U.S. Supreme Court has ruled when attorneys attempted to exclude jurors because of their race.

o Develop a hypothesis to explain the phenomenon of jury nullification

o Define the terms due process waive, voir dire, for cause challenge and peremptory challenges.

o List and explain eight sentencing options judges may exercise.

o Describe factors that affect sentencing decisions.

o Evaluate criticisms of using judicial discretion in determining sentences.

o Summarize the arguments in support of and in opposition to Three Strikes Laws.

o Define the terms suspended sentence, probation, home confinement, fine, restitution, work release, imprisonment, and

presentence report.

o Describe how the treatment of juveniles involved with the laws has evolved during American history.

o Explain how the philosophy of parens patriae influences the way juveniles are treated in juvenile courts.

o List and describe three groups of juveniles involved in juvenile courts.

o Describe steps taken to protect children who are found to be abused or neglected.

o Define the terms parens patriae, delinquent offender, status offender, neglected children, and abused children.

o Describe the debate over laws and policies put into place for the war on terrorism.

o Describe the basic provisions of the USA Patriot Act.

o Describe the ways the USA Patriot Act and other laws and polices changed how the Department of Justice, the Federal Bureau

of Investigation, the National Security Agency and the Central Intelligence Agency work.

o Explain the purpose of the Department of Homeland Security.

o Compare the rights the U.S. Government took away from citizens during the Civil War, World War I and World War II witht

e actions taken during the war on terrorism.


Assessment:


Chapter Tests

Section Quizzes

Daily Spot Quizzes








Boston Mass.








RESOURCES

Teacher Resources:





Lesson Plans

Text Book, “Street Law A Course in Practical Law”. By Street Law, Eighth Edition






Equipment Needed:

Computer

LCD projector

Projector screen,

Chalkboard
