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US ARMY COMMAND AND GENERAL STAFF COLLEGE International Military Student Preparatory Course Lesson Plan for Lesson

P910 US Legal System Course Author: Mr. Mike Brettmann Lesson Author: Mr. Pat Lamar Date prepared: April 21, 2005 1. SCOPE This lesson is designed to familiarize students with the United States judicial system and its US Armed Forces counterpart. After an overview of the components of the civilian court system, the lesson focuses on the sources of the military law and the disciplinary tools used to administer military justice by commanders at all levels to include administrative action, non-judicial punishment and courts-martial. The intent of this instruction is to further add to the students understanding of the United States and its institutions. Upon completion of this lesson, students will have a better understanding of the US civilian and military justice systems. This knowledge will be useful during instruction later in the Command and General Staff Officers Course (CGSOC) and throughout his/her military career. This lesson emphasizes one skill from the field grade leaders competency map (FGLCM) by challenging students to improve her/his ability to filter information (2.2). The behaviors identified in the FGLCM provide a common language and assist in the assessment of overall performance by providing performance indicators to differentiate between successful and exemplary performance. The specific behaviors are: Analyzes and synthesizes information to identify essential information and understand relationships (2.2.1), and Views problems from several perspectives (2.4.3). 2. LEARNING OBJECTIVES TLO A Action: Establish self and family in the community. Condition: As a CGSOC International Military Student and family member; living within the US military, local, national, and IMS communities; given concrete experiences; information on available resources and class discussion; and as a member of a small group. Standard: Community establishment includes: 1. Complying with laws/rules/regulations to include use of government assets. 2. Activating the necessary support agencies and services. Learning Level(s): Cognitive: Application JPME I Learning Areas Supported: None. ELO A. 01 Action: Comply with laws, rules, and regulations to include use of government assets. Condition: As a CGSOC International Military Student and family member (as applicable); living within the US military, local, national, and IMS communities; given information on available resources and class discussion; and as a member of a small group. Standard: Compliance is in accordance with CGSOC, local schools, and post standing operating procedures; US Army regulations; and local state, and national laws. Learning Levels: Cognitive: Application. JPME I Learning Areas Supported: None. P910 USLS-LP-1

3. LEADER BEHAVIORS 2.2.1. Analyzes and synthesizes information to identify essential information and understands relationships. 2.4.3. View problems from several perspectives. 4. ASSIGNED STUDENT READINGS: See Lesson P910 USLS Advance Sheet. 5. INSTRUCTOR ADDITIONAL READING(S)/MATERIAL The Federal Judiciary, US Courts Overview, [Online] http://uscourts.gov/ , Review the links for the four types of Federal courts [4 pages]. Kansas Judicial Branch home page, [Online] http://www.kscourts.org/ , Review the links for the four types of courts [4 pages]. 6. TRAINING AIDS Appendix A: Assessment Plan Appendix B: Slides Appendix C: Movie Summary Handout Dry eraser markers Butcher-block paper Easel Markers for paper Whiteboard 7. CONDUCT OF LESSON a. Introduction: (5 Minutes). (1) Slide 1, US Legal System. The instructor should give a broad overview on the United States court system and its companion, the military law system. Many students are familiar with the subject matter, yet some are not. Students should be encouraged to ask questions at any time and reminded they can talk to the instructor during breaks and come to the instructors office for further information. (2) Slide 2, Learning Objectives. The instructor reminds students of the reason for the lesson and how it connects with others in this block and course of instruction. He/she focuses on the standard that students must achieve to succeed. Instructor Note: The instructor displays Slide 3, Lesson Outline, and briefly discusses the major topics to include a brief description of the intent of the lesson. (3) Slide 3, Lesson Outline. US military law is grounded in Federal and international law and the judicial system of the United States. During this instruction, the students will receive an orientation on the US legal system, some of its component parts, and the military law applicable to members of the US Armed Forces. b. Lesson Timeline: P910 USLS-LP-2

Day 1 5 minutes 5 minutes 5 minutes 35 minutes 10 minutes Day 2 150 minutes 60 minutes 10 minutes 10 minutes

Introduction: Attention and Motivation Concrete Experience Publish and Process Generalize New Information: US Legal System Break Generalize New Information: Movies on US legal system Movie Discussion (see instructor note below) Summary Break

Instructor Note: minutes has been allocated for discussion of the movies. If all the time allocated is not used, the instructor can release the students early for the lunch period. Instructor Note: The civil suit filed by the heirs of the builder of the Custis-Lee mansion on the grounds of Arlington National Cemetery is an example of a complicated court action that produced a result few in 1882 could have expected. The case progressed from a municipal court to state court all the way to the US Supreme Court. It is an illustration of the rule of law in US civil society. c. Concrete Experience: (5 minutes). (4) Slide 4, The United States v. Lee, 1882. Arlington National Cemetery, across the Potomac River from Washington DC, is the United States most prominent resting place for the Nations warriors and other important people. It was established during the American Civil War when the Union Army appropriated the groundsin the Rebel state of Virginiafor use as a military cemetery. The largest structure on the grounds was the Custis-Lee mansion (also called Arlington House), controlled by Mary Anna Custis Lee, daughter of its builderand wife of the commander of the Confederate Army of Northern Virginia. The Federal Government confiscated the property in 1864 when Mrs. Lee failed to a pay a property tax in person. Neither Robert E. Lee, nor his wife, as titleholder, ever attempted to publicly recover control of Arlington House. After General Lees death in 1870, George Washington Custis Lee brought an action for ejectment in the Circuit Court of Alexandria (today Arlington) County, Va. Custis Lee, as eldest son of Gen. and Mrs. Lee, claimed that the land had been illegally confiscated and that, according to his grandfathers will, he was the legal owner. In December 1882, the US Supreme Court, in a 5-4 decision, returned the property to Custis Lee, stating that it had been confiscated without due process. On March 3, 1883, the Congress purchased the property from Lee for $150,000 (over $2.8 million in 2005 dollars). d. Publish and Process: (5 minutes). What is your reaction to the Federal Government confiscating Mrs. Lees land? How do you feel about the fact that the Supreme Court ruled that the property must be returned to Mrs. Lees heirs? What have you learned about due process?

e. Generalize New Information: (30 minutes). P910 USLS-LP-3

Instructor Note: This lesson may contain too many content slides for the 30 minutes allocated in the training schedule. The instructor may want to identify those slides that can be hidden and discussed without being shown to the students. Alternatively, the information for slides 5 through 21 is divided into two parts: that which is important to achieve the TLO for this lesson (in this type font) and that which is interesting and supports the important information appears as an Instructor Note at the bottom of the slide narrative in italics. It is assumed that the instructor will have legal training and recent operational law experience so that he/she may illustrate the points made on each slide with appropriate anecdotes. (5) Slide 5, State Court System. Before discussing military law, the instructor will cover the civilian legal system in the United States. There are two basic systems, the state system and the Federal system. This is a diagram of a typical state court system, which handles about 95% of all court cases within the United States. Each state has a state supreme court, a reviewing, or appellate court, and trial courts of general jurisdiction. This is the basic structure of the typical state court system; however, these courts may be known by different names depending on the state. The smaller boxes at the bottom of the diagram portray where other cases are disposed. Municipal courts are typically of limited jurisdiction and deal with misdemeanors, petty offenses, including violations of city ordinances. Probate courts deal with wills and estates while juvenile courts deal with crimes committed by children. Instructor Note: In the State of New York one of the trial courts is known as the Supreme Court and the highest court is know as the State Court of Appeals. Small claims courts handle claims that are under a certain dollar amount. If, for example, a landlord is charging his tenant $500 for damage that occurred to his carpet while the tenant lived there but the tenant believes the damage occurred before he moved in, the matter can be handled in small claims court. Traffic offenses can also be handled at one of these lower level courts. (6) Slide 6, The Federal Court System. The Federal Court System also has several different types of courts that specialize in different types of law. The United States Constitution states that Federal law is supreme, so, if there is a conflict between Federal and state law, the Federal law takes precedence. On the other hand, the state courts are responsible for interpreting state law, and provided that it is not in conflict with Federal law, state law issues are resolved by state courts. Generally less than 2% of the cases that are appealed to the US Supreme Court are actually heard by the court. As a general rule, a case can get to the Supreme Court by one of three routes. First, the Supreme Court can hear cases that are appealed by any of the 13 US Court of Appeals. Second, it can hear appeals from any of the highest state courts, however, it will usually only do so to rule on Federal law issues arising from the state courts. Third, the Supreme Court will hear cases arising from a court of one of the specialized jurisdiction courts. Instructor Note: State courts must comply with interpretations of Federal law made by the Federal Courts. The Supreme Court is very selective in the cases that it hears. The three specialized jurisdictional courts are the Court of International Trade, Court of Claims, and most importantly for the purposes of this class, the Court of Military Appeals. Instructor Note: Throughout this lesson the instructor may want to ask questions of the students with the intent of getting them to compare and contrast the presented material with that of their home country to get them to reach the analysis level mentioned in the TLO. How is the structure of your legal system different from the US Federal system? P910 USLS-LP-4

(7) Slide 7, The Military Court System. Courts-martial are conducted under the Uniform Code of Military Justice (UCMJ) and the Manual for Courts-Martial (MCM). If the trial results in a conviction, the convening authoritythe person who referred the case for trial by court-martial reviews the case. The convening authority has discretion to mitigate the findings and sentence. If the sentence, as approved by the convening authority, includes death, a dishonorable discharge, a bad-conduct discharge, dismissal of an officer from the Service, or confinement for 1 year or more, an intermediate Criminal Court of Appeals reviews the case. The next higher appeals court is called the Court of Appeals for the Armed Forces. They will hear only some of the cases that the Service courts hear. Only a few military cases actually reach the highest appellate level, the US Supreme Court. Instructor Note: There are four criminal courts of appeal one for each Servicethe Army Court of Criminal Appeals, the Navy-Marine Corps Court of Criminal Appeals, the Air Force Court of Criminal Appeals, and the Coast Guard Court of Criminal Appeals. Cases that go to the Court of Appeals of the Armed Forces include: death sentences; where the Judge Advocate General of a Service requests a review; and upon good cause shown by a petitioner. Just as the Court of Appeals for the Armed Forces will hear only some of the cases, the Supreme Court is even pickier. They carefully choose which cases they will hear. Could you give me an example of the appeals process for a Service member convicted by a courtmartial? (8) Slide 8, Criminal Cases. Criminal cases may be heard in Federal or state court, but most 95% or moreof all prosecutions are in state courts. Federal courts address specialized offenses organized crime, tax evasion, big drug cases. Military cases fall under Federal law. The Federal and state governments share jurisdiction on most offenses and a service member may be prosecuted in both courts. Instructor Note: A service member arrested for selling drugs off-post could be prosecuted in Federal Court for violating Federal drug statute or a state court for violating state law. The Service member could even be prosecuted in Federal court of violating Federal law and be acquitted, and later prosecuted in state court for that offense because they are considered separate sovereignties. Double jeopardy only comes into play if the same sovereign governmental entity decides to prosecute someone for the same offense twice. The people who are involved in these cases are the investigators, prosecutors, and defense attorneys. If a Service member cannot afford his own attorney, a public defender is appointed to the case to represent him/her. (9) Slide 9, Juvenile Crime. Juvenile crime falls primarily under state law. The following general principles apply: children under 7 cannot form criminal intent; children between 7-14 may form criminal intent but are generally always treated as children in the courts; children between 14-18 may be tried as an adult based on the seriousness of the crime. Instructor Note: Because the 50 states and 4 territories/commonwealths have their own laws, the treatment of children under age 18 may differ quite a bit. An example of a recent case involving a juvenile was John Malvo, who was convicted of being one of 2 men who shot 13 people, 11 of whom died in the Washington DC area. Malvo was tried as an adult and the death penalty was sought. He was convicted and sentenced to life imprisonment without the possibility of parole. His adult accomplice was sentenced to death. Will a 16-year-old always be tried as an adult? P910 USLS-LP-5

(10) Slide 10, Sentencing. As with any justice system the punishment must fit the crime. So it is with the US justice system. Instructor Note: Some statistics of the Federal prison population (from the US Bureau of Prisons (BOP) web site, http://www.bop.gov on 7 April 2005): Number of Institutions: 194. Total inmate population: 181,267 (In 177 BOP facilities: 160,475; in twelve privately managed facilities: 10,823; and in five Community Corrections Management: 9,969). Sentenced Federal Population: 162,407 Federal Inmates by Security Level: Minimum: 18.7%, Low: 39.4%, Medium: 25.5%, High: 10.4%, 5.8% of inmates have not been assigned a security level. Inmates by Gender: Male: 1168,977 (93.2%); Female: 12,290 (6.8%). Inmates by Race: White: 102,681 (56.5%), Black: 72,530 (40.4%), Asian: 3,484 (1.9%), Native American: 3,136 (1.7%). Citizenship: United States: 129,442 (71.4%), Mexico: 31,143 (17.2%), Colombia: 3,484 (1.9%), Cuba: 1,969 (1.1%), Dominican Republic: 3,489 (1.9%), Other/Unknown: 11,740 (6.5%). Average Inmate Age: 37 Sentences Imposed: Less than 1 year: 3,325 (2.0%), 1-3 years: 23,441 (14.2%), 3-5 years: 26,551 (16.1%), 5-10 years: 47,627 (28.9%), 10-15 years: 29,281 (17.8%), 15-20 years: 13,969 (8.5%), More than 20 years: 15,046 (9.1%), Life: 5,294 (3.2%), Death: 31 (0.2%). Types of Offenses: Drug Offenses: 88,578 (53.9%), Weapons, Explosives, Arson: 21,082 (12.8%), Immigration: 18,243 (11.1%), Robbery: 10,024 (6.1%), Burglary, Larceny, Property Offenses: 6,768 (4.1%), Extortion, Fraud, Bribery: 6,774 (4.1%), Homicide, Aggravated Assault, and Kidnapping Offenses: 5,324 (3.2%), Miscellaneous: 3,373 (2.1%), Sex Offenses 1,732 (1.1%), Banking and Insurance, Counterfeit, Embezzlement: 992 (0.6%), Courts or Corrections: (e.g., Obstructing Justice) 698 (0.4%), Continuing Criminal Enterprise: 602 (0.4%), National Security: 104 (0.1%). Instructor Note: Before the instructor displays Slide 11, Sources of Military Law, this may be a good time for him/her to ask the students for their ideas on the sources of military law. It will serve as a foundation for the discussion to follow. What do you think are some of the sources of military law in the United States? (11) Slide 11, Sources of Military Law. Military law comes from several sources. First, and foremost it comes from Article I, Section 8 of the US Constitution: Congress has the power to raise and support armies; provide and maintain a navy; and provide for organizing and disciplining them. Under this authority, the Congress has enacted the Uniform Code of Military Justice (UCMJ)867 pagesthe code of military criminal laws applicable to all military members worldwide. The President implements the UCMJ through the Manual for Courts-Martial (MCM), which covers almost all aspects of military law. Military criminal trial courts are known as courts-martial. Additional sources of military law include Army Regulations, the case law that interprets those regulations, and international law, including the law of war. Instructor Note: The current UCMJ was enacted in 2000. The MCM contains the Rules for Courts-Martial and the Military Rules of Evidence. They are contained in Title 10 US Code, Chapter 47, of the UCMJ. Although most crimes in the military are also crimes in the civilian world, Soldiers can be charged with violating a lawful general order or regulation, adultery, and disrespect to a superior officer. The MCM authorizes nine types of punishment. These include death, punitive discharge, confinement, hard labor

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without confinement, restriction to specified limits, reduction in pay grade, a fine, forfeiture of pay and allowances, and a reprimand. Instructor Note: The discussion is about to transition from general concepts to some of the details of the military justice system. Instructor Note: To focus student interest on the topics to come the instructor should have the students describe some of the disciplinary measures used in their countries to determine any differences between Asian, European, Middle Eastern, and Latin American militaries. What are some of the disciplinary tools used in your countrys military? Where does your countrys military get its legal traditions? (12) Slide 12, Commanders Disciplinary Tools. When a Soldier gets into trouble, a commander has several disciplinary options available to him: Administrative Non-judicial punishment (Article 15) Courts-martial The United States military generally has jurisdiction over Soldiers, regardless of whether the misconduct was committed on-post or off-post. In some countries where US Forces are stationed, a local status of forces agreement gives the host country jurisdiction over some off-post offenses. Instructor Note: Twenty years ago the law required a Service connection before the military would have jurisdiction. That is no longer the case. (13) Slide 13, Administrative Action. Administrative actions might include the following: Counseling (Soldier, you were caught doing the following, you need to clean up your act or else you could be separated from the Army.). Reprimand: (Soldier, youve committed the following offense; you are hereby reprimanded.). This is generally in writing. For an officer or senior enlisted Soldier, filing a reprimand in the official file can have a significant impact on that individuals career. Adverse Evaluation Report. Administrative Separation. For some of these separations, a Soldier can receive separation pay, which is often several thousand dollars. For any kind of misconduct, they will not receive any pay however. (14) Slide 14, Administrative Separations. This is a list of various separation actions. Soldiers can be separated, or chaptered for: Abuse of alcohol or drugs (Chapter 9). In lieu of court-martial, if requested and the chain of command agrees (Chapter 10). If in the first 11 months of service, they just cant adapt to Army life (Chapter 11). Unsatisfactory performance, e.g. failing the PT test twice in a row (Chapter 13). Misconduct (Chapter 14). Homosexual conduct (The Armys policy is Dont Ask, Dont tell) (Chapter 15). Not controlling their weight over a period of time (Chapter 18).

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Instructor Note: The common US Army disciplinary term chaptered comes from the chapter of Army Regulation 635-200, Personnel Separations; Active duty Enlisted Separations, that addresses that type of separation. (15) Slide 15, Character of Discharge. For most separations, a soldier can receive one of the following discharges: Honorable, where they can receive all benefits due them from the Department of Veterans Affairs. General (under honorable conditions), slightly below an Honorable Discharge. Under Other Than Honorable Conditions, where most benefits, such as reduced interest loans and education loans are not available to them. Bad Conduct. Dishonorable. What types of punishments are used in your armed forces? (16) Slide 16, Non-judicial Punishment. The second option available to commanders for discipline is non-judicial punishment or Article 15. It is used for minor offenses, and it allows a Soldier to be punished without causing him to receive a Federal conviction, like he would at a court-martial. Having said that, a Soldier has the option of turning down the Article 15 and demanding court-martial instead. Instructor Note: The Article 15 is so named because it comes from Title 10 US Code, Subtitle A, Part II, Chapter 47, Subchapter III, Section 815, Article 15. A Service member may refuse an Article 15. She/He may do this for a variety of reasons: if he/she thinks a court-martial will be fairer with a panel (jury) of six members rather than his/her commanding officer. Or, if he or she thinks there is a good chance to be found innocent of the charges at a court-martial. AR 27-10, Military Justice, now allows judge advocates to attend Article 15 hearings in a representative capacity; judge advocates may be present and render advice during the hearing phase to Soldiers who have accepted nonjudicial punishment. (17) Slide 17, Types of Non-judicial Punishment. Commanders from company level to general officer can administer non-judicial punishment. For the least serious breaches of discipline and to correct minor acts of misconduct, AR 27-10, Military Justice, paragraph 3-16, permits commanders to use more limited summarized proceedings. The punishments can be the same for a Formal Article 15 with regards to restriction, extra duty or an oral reprimand. The formalized Article 15 is used for more serious offenses, but those not reaching the level of a court-martial. Instructor Note: Punishments by level include: Punishments Restriction Extra Duty Correctional Custody (<E3) Forfeiture of Pay Reduction in Grade Admonition or Reprimand Company Grade 14 Days 14 Days 7 Days 7 Days E1-E4: one grade Yes Field Grade 60 Days 45 Days 30 Days pay for 2 Months E1-E4: one or more grades, E5/E6: one grade Yes

(18) Slide 18, Summary Courts-Martial. A summary court-martial is the lowest level courtmartial. Only enlisted persons can be tried by a summary court and the maximum punishment is 30 P910 USLS-LP-8

days in jail. One officer sits as the judge. Like an Article 15, a Service member has the right to turn down a summary court-martial. If he or she does that, the government usually chooses to try the accused person at a BCD (Bad Conduct Discharge) special court-martial or general court-martial. Instructor Note: A BCD is the next worse characterization of service after a Dishonorable Discharge. (19) Slide 19, Special Courts-Martial. The next level of court-martial is a special court-martial. The accused person, for the first time, has several rightsto have all officers on the jury, to have one-third of them enlisted, and to have just a military judge hear the case. An accused Service member is allowed an accused Soldier to have a military defense counsel with him/her in the courtroom. At his/her own expense the Service member may hire a civilian attorney, however, the military counsel remains assigned to the case. At a Special court-martial the maximum punishment is confinement for 1 year, forfeiture of two-thirds pay for 12 months, and reduction to the lowest pay grade (E-1). Instructor Note: Military defense counsels are under an entirely different chain of commandthe Trial Defense Servicethan the government attorneys so there is no feeling of prejudice in the system. Formerly, military attorneys would act as prosecutors and other officers would be detailed as defense attorneys. To provide a record of the proceedings, a court reporter is assigned to all special courts-martial. (20) Slide 20, BCD Special Courts-Martial. A BCD special court-martial is just like a special court-martial except the punishments can include a bad conduct discharge. BCD special courtsmartial are more common than straight special court-martials. Instructor Note: Many commanders do not bother with a straight special court-martial because she/he figures that a Soldier who committed a crime worth going to jail for 6 months might as well request a discharge from the Army as well. Should every special court-martial be a BCD Special? (21) Slide 21, General Courts-Martial. A general court-martial is the highest-level court-martial. A division commander or higher is the convening authority and refers the case to trial. All personnel, whether officers or enlisted, can be tried at a general court-martial. The jury works similarly to the special court-martial. The maximum punishment is life imprisonment or death. Included in the punishments is the possibility of a Dishonorable Discharge, where a Service member receives no benefits from the Department of Defense or the Department of Veterans Affairs. Instructor Note: The Manual for Courts-Martial lays out what the maximum punishment is for every offense. (22) Slide 22, Summary. This lesson provides a brief overview of both the civil and military justice system. The student will hear about many of these concepts this year, if not in military law classes, then perhaps in casual conversation. (23) Slide 23, Questions. Provide contact numbers for the legal offices on post. f. Develop: (10 minutes).

How will you use the information in your future career? P910 USLS-LP-9

What will you tell your fellow countrymen about the US legal system? What did you find least useful in this lesson in so far as its future application? g. Apply: (10 minutes). Compare and contract the US military justice system with that of the international military students home country. How does the structure of the US military justice system compare with that of your country? What aspect of your system is most different from what you have learned about the US system? What is your personal experience with the military justice system in your country? Assessment Plan: (See Appendix A.) Students will be accessed on class participation. 8. ENVIRONMENTAL IMPACT STATEMENT: None. 9. RISK ASSESSMENT/RISK CONTROL MEASURES: None.

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US ARMY COMMAND AND GENERAL STAFF COLLEGE International Military Student Preparatory Course Lesson Plan for Lesson P910 US Legal System Appendix A Assessment Plan 1. Part of the students performance for complete the International Military Student Preparatory Course is assessed in this lesson through the following: Class Participation Daily AAR & Journal 100% P/F

2. Class participation standards and guidelines: A Exceeded Standard. Consistent participation during class discussions, class practical exercises, and briefings which are thought provoking, relevant, clear, logical, and is a major contributor to student and group learning. B Meets Standard. Participation is appropriate, relevant, clear, accurate, logical, and contributes to class learning. C Below Standard. Borderline participation which is appropriate, rarely relevant, often unclear, often inaccurate, illogical, and contributes very little to group learning. U Unsatisfactory. Participation which is clearly inappropriate, irrelevant, unclear, inaccurate, and often inhibits student and group learning.

Class Participation (Individual) Class participation in this lesson will constitute 100% of the students overall grade and a part of the overall 75% class participation grade for IMSPC. Instructors assess each students demonstrated understanding of the course material and his or her ability to develop and deliver cogent arguments or relevant insights from course material in a clear and concise fashion. Students demonstrate their knowledge, skill, and ability through the quality and focus of their discussion comments and questions, their preparation for class, their ability to reason critically and to think creatively, their performance during practical exercises and case studies, and contributions to group work. Class participation is assessed on a daily basis. Specifically for this lesson, instructors focus on one leader behavior. Students will be expected to demonstrate proficiency in: 2.2.1, Analyzing and synthesizing information and 2.4.3 views problems from several perspectives. See CGSC Form 1009C.

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ASSESSING CLASSROOM PARTICIPATION PARTICIPANT: Assessment of (check one): Course or Single multiple activity activitie s DATE: ASSIGNMENT/COURSE TITLE: Lesson P910 US Legal System INSTRUCTOR/DEPARTMENT:

CGSC STANDARD: Balances the attainment of individual and group goals. GRADE: (CGSOC) A B C U

INSTRUCTOR COMMENTS: Leader Behaviors 2.2.1 Analyzing and synthesizing information 2.4.3 View problems from several perspectives

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Assignment ELO A. 01 Action: Comply with laws, rules, and regulations to include use of government assets. Condition: As a CGSOC International Military Student and family member (as applicable); living within the US military, local, national, and IMS communities; given information on available resources and class discussion; and as a member of a small group. Standard: Compliance is in accordance with CGSOC, local schools, and post standing operating procedures; US Army regulations; and local state, and national laws. Learning Levels: Cognitive: Application. JPME I Learning Areas Supported: None.

Quantitative Assessment (Activity) low Qualitative Assessment (Results) Your behavior: reserved competitive Your reasoning:
Point of View Assumptions

high

assertive collaborative
high

Consequences Significance

Elements of Reasoning

low

5 4 3 2 1

high

Intellectual Standards

5 4 3 2 1
low

COGNITIVE LEVEL ATTAINED (Higher levels include characteristics of lower levels.) EVALUATION (Judging or weighing by building and using criteria and standards.) SYNTHESIS (Integrating parts into a new whole.) ANALYSIS (Breaking material down into component parts to determine structures and relationships.) APPLICATION (Use of knowledge to solve problems.) COMPREHENSION (Understanding of the material.) KNOWLEDGE (Recall of specific information.)

Relevance

Precision

Accuracy

Breadth

Clarity

Depth

Performance = Activity + Results

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Logic

Conclusions

Information

Question

Purpose

Concepts

US ARMY COMMAND AND GENERAL STAFF COLLEGE International Military Student Preparatory Course Lesson Plan for Lesson P910 US Legal System Appendix B Slides Slide Number Slide 1 Slide 2 Slide 3 Slide 4 Slide 5 Slide 6 Slide 7 Slide 8 Slide 9 Slide 10 Slide 11 Slide 12 Slide 13 Slide 14 Slide 15 Slide 16 Slide 17 Slide 18 Slide 19 Slide 20 Slide 21 Slide 22 Slide 23 Description/Title Introduction/US Legal System Learning Objectives to be covered in class/Learning Objectives Identifies What Will be Presented/Lesson Outline Used to Introduce the Concrete Experience/US vs Lee 1882 Introduces the State Court System/ State Court System Introduces the Federal Court System/ Federal Court System Introduces the Military Court System/ Military Court System Who Deals with Criminal Court Cases?/ Criminal Cases Who Deals with Juvenile Court Cases?/ Juvenile Cases Types of Sentences/ Sentencing Where Does Military Law Originate?/Military Law What are the Legal Tools Available to the Commander?/Commanders Disciplinary Tools What are Administrative Actions?/Administrative Actions. What are Administrative Separations?/Administrative Separations Types of Discharges/ Character of Discharges What is Non-Judicial Punishment?/ Non-Judicial Punishment Types of Non-Judicial Punishment/ Types of Non-Judicial Punishment Describes a Summary Courts-Martial/Summary Courts-Martial What is a Special Courts-Martial?/Special Courts-Martial Describes a Bad Conduct Discharge/ BCD Special Courts-Martial Describes a General Courts-Martial/ General Courts-Martial Summarizes the Material/Summary Questions

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US ARMY COMMAND AND GENERAL STAFF COLLEGE International Military Student Preparatory Course Lesson Plan for Lesson P910 The US Legal System Appendix C Movie Summary Handouts 12 Angry Men 1. Introduction: The strengths and weaknesses of the US legal system are often the subject of American film. Read the summary and come to class prepared to address the questions below. 2. Movie Summary: (Source: Blockbuster Video homepage [Online]) http://www.blockbuster.com/search/PerformKeyWordSearchAction.action. Cast: Henry Fonda, Lee J. Cobb, Ed Begley, Sr. Director: Sidney Lumet Type: Drama Running Time: 1 hour, 36 minutes A Puerto Rican youth is on trial for murder, accused of knifing his father to death. The 12 jurors retire to the jury room, having been admonished that the defendant is innocent until proven guilty beyond a reasonable doubt. Eleven of the jurors vote for conviction, each for reasons of his own. The sole holdout is Juror #8, played by Henry Fonda. As Fonda persuades the weary jurors to reexamine the evidence, we learn the back-story of each man. Juror #3 (Lee J. Cobb), a bullying selfmade man, has estranged himself from his own son. Juror #7 (Jack Warden) has an ingrained mistrust of foreigners; so, to a lesser extent, does Juror #6 (Edward Binns). Jurors #10 (Ed Begley) and #11 (George Voskovec), so certain of the infallibility of the law, assume that if the boy was arrested, he must be guilty. Juror #4 (E.G. Marshall) is an advocate of dispassionate deductive reasoning. Juror #5 (Jack Klugman), like the defendant, a product of the streets, hopes that his guilty vote will distance himself from his past. Juror #12 (Robert Webber) an advertising man, doesnt understand anything that he cant package and market. And Jurors #1 (Martin Balsam), #2 (John Fiedler) and #9 (Joseph Sweeney), anxious not to make waves, go with the flow. The excruciatingly hot day drags into an even hotter night; still, Fonda chips away at the guilty verdict, insisting that his fellow jurors bear in mind those words reasonable doubt. 3. Questions: Want is the main point of this movie? What do you think the phrase beyond a reasonable doubt means in this movie? What impact does this have on you?

P9110 USLS-AC-1

A Civil Action 1. Introduction: The strengths and weaknesses of the US legal system are often the subject of American film. Read the summary and come to class prepared to address the questions below. 2. Movie Summary: (Source: Blockbuster Video homepage [Online]) http://www.blockbuster.com/search/PerformKeyWordSearchAction.action. Cast: John Travolta, Robert Duvall, Tony Shalhoub Director: Steven Zaillian Type: Drama Running Time: 1 hour, 55 minutes This courtroom drama revolves around an incident in 1979 in East Woburn, MA, where two drinking wells supplying water to the town were found to be contaminated with industrial solvents. When toxic waste was discovered later that year, suspicions arose that the local factories caused the pollution. The residents felt these companies were responsible for the unusually high rate of leukemia deaths amongst the towns children. Anne Anderson (Kathleen Quinlan), a mother who lost her son Jimmy to leukemia, fronts an effort to bring a lawsuit against the major conglomerates Beatrice Foods and W. R. Grace & Co for their pollution crimesa heavy-duty problem, because these companies have the money to squash the less powerful citizens. Enter Jan Schlichtmann (John Travolta) a personal injury lawyer whose small law firm is hired to sue these industrial giants for millions of dollars in damages. Hes up against Jerome Facher (Robert Duvall) and William Cheeseman (Bruce Norris) high-priced lawyers who represent the big companies. Most of the film takes place in the courtroom during the trial. 3. Questions: Want is the main point of this movie? What are your feelings about Beatrice Foods and W.R. Grace & Company? Does this statement change your views on court case as portrayed in the movie? 4. Synopsis: In 1986, following an 80-day trial and 8 days of deliberation, a jury concluded that Beatrice had not contaminated the wells but made confusing and difficult-to-interpret findings regarding Grace. The issue of whether the well water caused the leukemia was never addressed at trial. Due to the confusion in the jury findings, the trial judge dismissed the jurys verdict and ordered a new trial. Shortly thereafter, Grace and the plaintiffs settled. (Source: Beyond A Civil Action: [Online] http://www.civilaction.com/facts/background.html)

P9110 USLS-AC-2

A Few Good Men 1. Introduction: The strengths and weaknesses of the US legal system are often the subject of American film. Read the summary and come to class prepared to address the questions below. 2. Movie Summary: (Source: Blockbuster Video homepage [Online]) http://www.blockbuster.com/search/PerformKeyWordSearchAction.action. Cast: Tom Cruise, Jack Nicholson, Demi Moore Director: Rob Reiner Type: Drama Running Time: 2 hours, 18 minutes In this military courtroom drama, Lt. Daniel Kaffee (Tom Cruise) is assigned to defend two Marines, PFC Louden Downey (James Marshall) and Lance Cpl. Harold Dawson (Wolfgang Bodison) who are accused of the murder of fellow leatherneck PFC William Santiago (Michael de Lorenzo) at the US Navy base at Guantanamo Bay, Cuba. Kaffee generally plea bargains for his clients rather than bring them to trial, which is probably why he was assigned this potentially embarrassing case, but when Lt. Commander JoAnne Galloway (Demi Moore) is assigned to assist Kaffee, she is convinced that there is more to the matter than theyve been led to believe and convinces her colleague that the case should go to court. Under questioning, Downey and Dawson reveal that Santiago died in the midst of a hazing ritual known as Code Red after he threatened to inform higher authorities that Dawson opened fire on a Cuban watchtower. They also state that the Code Red was performed under the orders of Lt. Jonathan Kendrick (Kiefer Sutherland). Kendricks superior, tough-as-nails Col. Nathan Jessup (Jack Nicholson), denies any knowledge of the order to torture Santiago, but when Lt. Col. Matthew Markinson (J.T. Walsh) confides to Kaffee that Jessup demanded the Code Red for violating his order of silence, Kaffee and Galloway have to find a way to prove this in court. 3. Questions: Want is the main point of this movie? Do you think that the military justice system is as conspiratorial as portrayed in the film? Do you feel this movie is more about the workings of the military justice system or about the mechanics of this particular inquiry?

P9110 USLS-AC-3

Erin Brockovich 1. Introduction: The strengths and weaknesses of the US legal system are often the subject of American film. Read the summary and come to class prepared to address the questions below. 2. Movie Summary: (Source: Blockbuster Video homepage [Online]) http://www.blockbuster.com/search/PerformKeyWordSearchAction.action. Cast: Julia Roberts, Albert Finney, Aaron Eckhart Director: Steven Soderbergh Type: Drama Running Time: 2 hours, 12 minutes Julia Roberts stars in this legal drama based on the true story of a woman who helped win the largest settlement ever paid in a direct-action lawsuit. Erin Brockovich (Roberts) is a single, unemployed, and twice-divorced mother of three who, after losing a personal injury lawsuit, asks her lawyer, Ed Masry (Albert Finney), if he can help her find a job. Ed gives her work as a file clerk in his office. While she was looking at a real estate case, she finds medical records. She becomes suspicious and decides to investigate the case on her own. It turns out that a $28 billion dollar power company has been poisoning the water of people who live around the plant and which threatens the health of the entire community. She suspects the company is engaging in a systematic cover-up. With no legal education but with a strong will, she files a case against the power company for the people that have gotten sick because of the poison. She wins. 3. Questions. Want is the main point of this movie? What do you think of the actions of Pacific Gas and Electric? What impact does this have on you?

P9110 USLS-AC-4

The Caine Mutiny 1. Introduction: The strengths and weaknesses of the US legal system are often the subject of American film. Read the summary and come to class prepared to address the questions below. 2. Movie Summary: (Source: Blockbuster Video homepage [Online]) http://www.blockbuster.com/search/PerformKeyWordSearchAction.action. Cast: Humphrey Bogart, Jose Ferrer, Van Johnson Director: Edward Dmytryk Type: Action, Adventure, Drama Running Time: 2 hours, 5 minutes Willis Keith is a newly minted ensign assigned to the minesweeper USS Caine. The captain, Lt. Comdr. Philip Francis Queeg, portrayed by Humphrey Bogart, is a tough, no-nonsense veteran officer who turns the crew into proper sailors and the Caine into a tight ship, engendering resentment from some of the men and several of his officers. Queeg, a veteran of difficult years of service for too long, has insecurities about himself, his command, and his career that begin to manifest themselves as out-of-control spells of temper over small details that cause him to make mistakes. Lt. Keefer (Fred MacMurray), the glib-tongued communications officer, spots the signs of neurosis in the captains behavior. The ships dedicated first officer, Lt. Steve Maryk (Van Johnson), hears Keefers suggestion that the captain may be mentally unbalanced, but does not entertain the thought until Queeg orders the ship turned upside down over pilfered strawberries. During a typhoon that threatens to sink the ship, Queegs inability to deal with the crisis at hand forces Maryk to assume command, with Keiths support as officer-of-the-deck, thus bringing about the court martial of the two officers. Greenwald (Jose Ferrer), a pilot and lawyer in civilian life, reluctantly agrees to help them, mostly out of sympathy for the impossible predicament in which Maryk has found himself caught up. In testifying for the defense, Keefer covers up his role in fomenting the crisis, denying ever having suggested that the captain was unbalanced. Maryk comes off as sincere but hopelessly out-of-his-depth at the trial, and Keith too inexperienced and callow to have made the kinds of decisions forced on him. Finally, Queeg is called as a witness, and Greenwald destroys his credibility on the stand by going over each questionable incident, one by one, bringing out the officers defensiveness until he finally reveals his instability. Greenwald confronts the Caines officers at their victory party, criticizing them for their foul treatment of Queeg, and their failure to offer him the loyalty and support that he was entitled to as captain, and which would likely have averted his breakdown in the first place. 3. Questions: Do you think the mutiny could have been prevented if the officers had supported their captain? Which character was most responsible for the mutiny? What impact does this movie have on you?

P9110 USLS-AC-5

The Client 1. Introduction: The strengths and weaknesses of the US legal system are often the subject of American film. Read the summary and come to class prepared to address the questions below. 2. Movie Summary: (Source: Blockbuster Video homepage [Online]) http://www.blockbuster.com/search/PerformKeyWordSearchAction.action. Cast: Susan Sarandon, Tommy Lee Jones, Mary-Louise Parker Director: Joel Schumacher Type: Drama, Mystery, Suspense Running Time: 2 hours, 1 minute Mark Sway (Brad Renfro) witnesses the suicide of a Mafia lawyer, who before he dies confesses that the Mob was behind the murder of a US senator. After Mark and his younger brother witness the lawyers death, Mark becomes a target, because the lawyer told him where the murdered United States Senator was buried. Mobsters in New Orleans want to make sure Mark keeps quiet. Marks brother is traumatized into a coma by the incident; gangster Barry Muldano (Anthony LaPaglia) is soon on Marks trail, and in desperation, Mark arrives at the office of recovering alcoholic lawyer Reggie Love (Susan Sarandon). With the Mob after them, and a ruthlessand politically ambitious Federal attorney, Mark Foltrigg (Tommy Lee Jones), trying to force Mark to reveal what he knows, Love battles to guarantee the safety of her client and his family. The relationship between Reggie Love and Mark Sway is the center of the film, adding considerable character development to plots routine elements. 3. Questions: What impact does this movie have on you? Would you like Reggie Love to represent you in a criminal case? What can you learn about the US justice system from watching this movie?

P9110 USLS-AC-6

The Firm 1. Introduction: The strengths and weaknesses of the US legal system are often the subject of American film. Read the summary and come to class prepared to address the questions below. 2. Movie Summary: (Source: Blockbuster Video homepage [Online]) http://www.blockbuster.com/search/PerformKeyWordSearchAction.action. Cast: Tom Cruise, Jeanne Tripplehorn, Gene Hackman Director: Joel Schumacher Type: Drama, Mystery, Suspense Running Time: 2 hours, 34 minute In this drama, based on the best-selling novel by John Grisham, Mitch McDeer (Tom Cruise) is a young man from a poor Southern family who has struggled through Harvard Law School to graduate fifth in his class. Mitch is entertaining offers from major firms in New York and Chicago, but when Memphis-based Bendini, Lambert, & Locke offer him a 20 percent higher salary than the best offer hes received, in addition to an enticing variety of perks and fringe benefits, he decides to sign on and remain in the South. Mitchs wife, Abby (Jeanne Tripplehorn), warns him that the deal sounds almost too good to be true, but its not until after several weeks of working with Avery Tolar (Gene Hackman) that Mitch discovers that the vast majority of BL&Ls business is tied to organized crime, with crime boss Joey Morolto (Paul Sorvino) using the firm to launder Mafia money. The firm has a policy of bringing aboard crackerjack young lawyers of Mitchs hungry background, and then overpaying and materially spoiling them to the point that when they find out the firms true nature, they cant afford to quit. Not long after he joins the firm, the FBI approaches Mitch. The bureau wants him to act as a mole. They point out that the firm bugs his house and his office, and that at least three of his restless predecessors have been murdered. On the other hand, Mitch realizes that the firms business associates have long memories and that no witness protection program is 100 percent reliable. FBI agents Wayne Tarrance (Ed Harris) and F. Denton Voyles (Steven Hill) try to blackmail Mitch into helping them make a case against the firm, while BL&Ls security director William Devasher (Wilfred Brimley) is blackmailing him to do as hes told after Mitch foolishly allows himself to be seduced by a prostitute hired by the firm. 3. Questions. What impact does this movie have on you? Do you think the film gives a fair portrayal of the legal profession? What can you learn about the FBI watching this movie?

P9110 USLS-AC-7

To Kill a Mockingbird 1. Introduction: The strengths and weaknesses of the US legal system are often the subject of American film. Read the summary and come to class prepared to address the questions below. 2. Movie Summary: (Source: Blockbuster Video homepage [Online]) http://www.blockbuster.com/search/PerformKeyWordSearchAction.action. Cast: Gregory Peck, Mary Badham, Philip Alford Director: Robert Milligan Type: Drama Running Time: 2 hours, 10 minutes Set a small, grubby Alabama town in the Depression 1930s before desegregation was even a word, the story focuses on scrupulously honest, highly respected lawyer Atticus Finch, magnificently embodied by Gregory Peck. Finch puts his career on the line when he agrees to represent Tom Robinson (Brock Peters), a black man accused of rape. The trial and the events surrounding it are seen through the eyes of Finchs 6-year-old daughter Scout (Mary Badham). While Robinsons trial gives the film its momentum, there are plenty of anecdotal occurrences before and after the court date: Scouts ever-strengthening bond with older brother Jem (Philip Badham), her friendship with precocious young Dill Harris (John Megna), her fathers no-nonsense reactions to such life-and-death crises as a rampaging mad dog, and especially Scouts reactions to, and relationship with, Boo Radley (Robert Duvall in his movie debut), the reclusive village idiot who turns out to be her salvation when she is attacked by a venomous Negro-baiting bigot. 3. Questions: What impact does this movie have on you? In your opinion, what is the most crucial relationship in the movie? Released in the early 60s, this timely film reflected the state of deep racial problems and social injustice that existed in the South. What do you think the chance for a person of color to get a fair trial in the American South today?

P9110 USLS-AC-8

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