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Grade/Class: 10th grade, Civics and Economics Subject Areas: History of law

Unit topic: Civil and Criminal Law Day: Fri, Mar 25 & Mon, April 4

Desired learning outcomes:

• Students will be able to describe the ancient precedents associated with law codes,
primarily being Hammurabi’s Code, the Ten Commandments, Roman law, and English
common law.

Essential questions from learning objective:


• To what extent is American criminal and civil law impacted by ancient, medieval, and
colonial precedents?

NCSCOS goal and objective:

6.01. Trace the development of law in American society.

Learner prior knowledge/learner background experiences:

Students will have already studied English common law and the philosophical foundations of
American government. Students will be familiar with the concept of common law. They will
know the impact that the Magna Carta and the English Bill of Rights had on the formation of
colonial governments and, subsequently, the government of the United States. Students will have
also briefly studied John Locke and Jean Jaques Rousseau, although this study mostly regarded
their influence on the purpose of government and governmental structure.

Students will have studied the Bill of Rights and the constitutional amendments, and they will be
able to draw connections between those and the aforementioned precedents.

Some students may have background knowledge on ancient law because of their religious
affiliation.

Materials and resources needed:

• Laptops

• History of Law worksheet

• History of Law PowerPoint


Teaching strategies:

Anticipatory strategies: Direct students to get laptops and go to Wikipedia’s Code of


Hammurabi article: en.wikipedia.org/wiki/Code_of_Hammurabi. They will work on the History
of Law worksheet using this article.

Developmental strategies: Review the History of Law worksheet. For Hammurabi’s


Code: Be certain that students understand the concept of “an eye for an eye,” or reciprocal
punishment. Emphasize that Babylonians believed that Hammurabi received his power to rule
from the gods. Class will discuss what implication that has for the laws he creates and for their
effectiveness. When discussing the third law, bring up the idea of “innocent until proven guilty,”
and the right of both the accuser and the accused to bring evidence before a court. Under the
sixth law, ask if this seems like “cruel and unusual punishment.” For the 23rd law, discuss how
the community took care of its members, and ask if there is an equivalent today. For laws 142-
145, discuss the roles of women, how the laws regarding wives are similar to the laws regarding
slaves, and how the law was used to influence morality (on marriage).
The following questions on the worksheet will correspond to a teacher-prepared
PowerPoint. Most of the slides are very straight-forward. Allow students time to fill in
information on their worksheet. The photo associated with the Ten Commandments deals with
the Supreme Court decision striking down posting of Ten Commandments in two Kentucky
courts (2005). For the Justinian Code, emphasize the backdrop for the Code (the confusing mess
that Roman law was) and the importance of writing law in an organized fashion (no ex post
facto, laws must be written to be applied). Under the Iroquois Nation’s Constitution, mention the
effect of their Constitution on the U.S. governmental structure (i.e. bicameral legislature, consent
of the government).

Concluding strategies: Students will discuss with tablemates to what extent the
development of American law reflects Hammurabi’s Code, the Ten Commandments, and Roman
law. Teacher will guide the discussion to be sure that students see the connection between fair
punishments, the emphasis on morality, and the importance of organization in law. Students who
struggle, such as Sam, will be given the easiest code, the Ten Commandments, while students
who are more advanced will get the more difficult code, Roman law.

Assessment:

Teacher will walk around room while students are discussing with tablemates. Teacher will note
student participation and will prompt less involved students with extra questions. One student
from each small group will record the group’s discussion and will turn it in to the teacher. The
teacher will not assign their discussion notes a grade, but will grant extra credit points according
to student participation and quality of reasoning.
EC accommodations/modifications to strategies or assessments:

Print out copies of PowerPoint for student who requires copy of notes.

Wrap-up and reflection by the students:

For a ticket-out-the-door, students will write a paragraph responding to the following


prompt:

Which historical law code seems to be one you would like to live under, and why?

Reflection by the teacher:

I believe that the majority of students really embraced the study of ancient law, especially
when looking in detail about Hammurabi’s Code. After having time to read the Code, many
students who might usually be uninvolved were able to list off outrageous laws that they had
studied, and they were really excited about the learning. Hence, I believe they have a good grasp
on that code of law, at least. Regarding the other codes found in the objectives, many students
struggled with the concluding activity, implying that they did not have a firm grasp on the details
of the codes. However, that could be because the codes were not covered deeply enough. Perhaps
the assessment was asking for a deeper analysis of the legal codes than is really required by the
standards. Still, if students study the notes covered in class, they will have a good overview of
the NSCOS standard 6.01, which studies the history of law.

Unfortunately, understanding the history of law would be easier with a deeper knowledge
of world history. Most of these students have not taken world history, and I was operating under
the assumption that they might have a grasp of major world religions or general ancient history.
However, that assumption was correct, so in the later periods, I gave them more information
rather than assuming they knew it. Despite their limited background knowledge, many students
were very actively engaged in the lesson, constantly asking questions and responding to my
questions. My questions reviewed information covered earlier in the semester and also asked
students to reflect on the law codes personally. Students struggled with some of the review, but
most of the time, they did well. Some of the students’ questions took the class too off topic,
which severely limited the time allowed for the concluding activity.

I really liked being able to use primary documents (the actual text of Hammurabi’s Code)
for this task. However, the language was a little heavy for some students. Because they were
allowed to discuss questions with which they struggled with their table mates, however, most
were able to handle the language very well.

The first two periods had followed the lesson plan’s instructions, and only one student
from each group recorded their responses. Of course, when only one person has to write the
answer, I noticed that a couple individuals in each group failed to participate. They relied on the
efforts of their fellow group members, which is always a danger in group work. For the third
period, I decided to make every student write down and summarize their group’s discussion
comparing each law code to current U.S. law. While this forced every student to work, I felt like
they did not discuss as much; they were too busy writing. Granted, they also had less time to
work on the assessment than the other two classes. Because of their limited time and their
relative lack of discussion, however, I noticed that the depth of their reasoning was not as strong
as the reasoning observed in the other classes. Therefore, I am not pleased with either
organization. If I allotted more time for the discussion, I could alert students to the fact that I will
be grading discussion participation and create a structure that would allow me to account for
each student’s participation. For instance, I could ask each student questions as I circulate the
room. I could also create a whole class discussion in which each student would have to
participate.
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Student Notes:
Evan
Evan
Elijah
Elijah
Sam
Sam
Student work samples:

Elijah
Sam
Sam
Evan
Assessment:

Elijah
2
1 3 4
Students remain Students remain Students remain Students remain
off-task for over on-task for on-task for on-task for
On-task 75% of approximately approximately nearly all of
Participation
discussion time half of discussion 75% of discussion time
time discussion time
Students fail to Students address Students address
Students recall
significantly one or two law all three law detailed facts
Using facts address any law codes discussed codes on a from all three
code discussed surface level law codes
discussed
Students struggle Students can Students can Students
to form a well- reason through reason through formulate a well-
thought-out connections with connections thought-out
Quality response, even aide from teacher without much response which
reasoning
with significant aide from teacher recognizes deep
teacher and complex
prompting connections
Sam
1
2 3 4
On-task Students remain Students remain Students remain Students remain
Participation off-task for over on-task for on-task for on-task for
75% of approximately approximately nearly all of
discussion time half of discussion 75% of discussion time
time discussion time
Students fail to Students address Students address Students recall
significantly one or two law all three law detailed facts
Using facts address any law codes discussed codes on a from all three
code discussed surface level law codes
discussed
Students struggle Students can Students can Students
Quality to form a well- reason through reason through formulate a well-
reasoning thought-out connections with connections thought-out
response, even aide from teacher without much response which
with significant aide from teacher recognizes deep
teacher and complex
prompting connections
Note: Sam decided early in the assessment that he would not be able to complete it. I told him to
discuss the matter with his tablemates, but they offered no help. I then showed him where he
could find a condensed version of the Ten Commandments, and went over one of the
commandments to show how it related to current laws. He continued to say he could not
complete the task. The matter was made worse when his already mounting frustration was paired
with another student telling him he could do it. The attention from other students only
exacerbated Sam’s mood, and he entirely gave up. I offered him the opportunity to work on the
assignment at home, which only flustered him further, as he could not handle the idea of having
any homework beyond studying for a test tomorrow. I will offer Sam the opportunity to complete
the task tomorrow, after the test.

Sam returned the next day, and before class even began, he handed me his completed work. I
know he had not written this assignment down, so I was very impressed and proud that he cared
enough to complete the task. He also completed the assignment in a more thorough manner than
many of the other students.
Sam
1
2 3 4
Students remain Students remain Students remain Students remain
off-task for over on-task for on-task for on-task for
On-task 75% of approximately approximately nearly all of
Participation
discussion time half of discussion 75% of discussion time
time discussion time
Students fail to Students address Students address
Students recall
significantly one or two law all three law detailed facts
Using facts address any law codes discussed codes on a from all three
code discussed surface level law codes
discussed
Students struggle Students can Students can Students
to form a well- reason through reason through formulate a well-
thought-out connections with connections thought-out
Quality response, even aide from teacher without much response which
reasoning
with significant aide from teacher recognizes deep
teacher and complex
prompting connections
Evan
3
1 2 4
Students remain Students remain Students remain Students remain
off-task for over on-task for on-task for on-task for
On-task 75% of approximately approximately nearly all of
Participation
discussion time half of discussion 75% of discussion time
time discussion time
Students fail to Students address Students address
Students recall
significantly one or two law all three law detailed facts
Using facts address any law codes discussed codes on a from all three
code discussed surface level law codes
discussed
Students struggle Students can Students can Students
to form a well- reason through reason through formulate a well-
thought-out connections with connections thought-out
Quality response, even aide from teacher without much response which
reasoning
with significant aide from teacher recognizes deep
teacher and complex
prompting connections
Grade/Class: 10th grade, Civics and Economics Subject Areas: Purpose of laws

Unit topic: Civil and Criminal Law Day: Mon, April 4

Desired learning outcomes:

• Students will state briefly the purpose of laws.


• Students will know four characteristics of a good law.

Essential questions from learning objective:

• Why do societies need laws?


• What makes some laws better than other laws?
• Why do different societies need different laws?

NCSCOS goal and objective:

6.01 Trace the development of law in American society.

Learner prior knowledge/learner background experiences:

Students will have just studied the historical foundation of law. Therefore, they will have
several examples of successful or reasonable law codes, as well as examples of harsh and
unreasonable law codes.
Most students have an opinion on the purpose of law, whether they realize it or not,
simply because they deal with law all the time with things as simple as speed limits. Therefore,
while students might need encouragement, most would be able to come up with reasons why
laws are necessary or beneficial.

Materials and resources needed:

• Introduction to Law mini-notebook


• Goofy laws handout
• Create-a-law worksheet

Teaching strategies:

Anticipatory strategies: Introduce students to some of the most ridiculous laws written in
the United States. Students will try to hypothesize why such laws have been created. Ex: a law
against pushing a live moose out of a plane in flight may represent a safety concern as well as an
animal rights concern. Also point out some of the historical significance of the laws. Ex: a law to
protect from a Native American attack reflects concerns of early colonists.
Developmental strategies: Instruct students through the first portion of the mini-
notebook. Before elaborating on the purpose of law, brainstorm with students on chalkboard
about what a good purpose of law might be. Then give answers according to textbook.

Concluding strategies: At the end of the first portion of their mini-notebook. Students
will review what they know about Hammurabi’s Code, the Ten Commandments, Draconian
Law, and the English Bill of Rights and determine whether or not each meets the four
qualifications for a good law. Students can discuss with tablemates for several minutes, and then
the class will review together. Finally, students will state why some of the aforementioned goofy
laws do not meet the qualifications for a good law.

Assessment:

Students will pretend like they are writing laws for a new nation. Students can work in
pairs. Sam may work with his brother and his helper tablemate. Students will be encouraged to
avoid typical laws such as “No murder.” Each pair of students must take into account some
aspects of the nation when creating the laws. For example, some nations might have nocturnal
animals which eat people, so students must create a law to keep people safe from those animals
(maybe a curfew?). Each law must meet the four purposes of a good law. Pairs must explain why
the law meets these purposes. Sam might be assigned two more obscure but clearly purposeful
American laws to explain so that he does not stress out about creating laws.

EC accommodations/modifications to strategies or assessments:

Students who require modified assignments may create two laws as opposed to three.

Wrap-up and reflection by the students:

Students will complete a quick-write responding to the following question:

Out of the laws which you encounter every day (speed limits, drinking/smoking/drug
restrictions, etc.), are there laws which you feel do not meet the requirements of a good law?

Reflection by the teacher:

Today’s schedule was thrown off by the county quarter test. I quickly went through the
instruction portion of the lesson, through the beginning of the Introduction to Law mini-
notebook, then I briefly explained what they were to do after the test. Once they had handed in
their test to me, they were to work on their Create-a-Law worksheet based off of country
scenarios. I had to pass out the scenarios for the first period, but the next two classes had the
scenarios already on their tables.

During the first period, I realized that many students were not fully grasping the amount
of detail and description I wanted in their laws. Therefore, for the next two classes, I copied their
worksheet format on the chalkboard and illustrated how I wanted their answers to look, with
thorough explanations for each of the four qualities of a good law. I left this illustration on the
chalkboard so that students could reference it as they finished the county test. Unfortunately,
many students still struggled with providing explanations for the four qualities. Moreover, many
students would not ask questions if they did not understand the instructions. Granted, there might
have been people still taking a test, making the students want to be quieter. I believe this use of
repetition may have seemed mundane to students, but I am sure they will remember the majority
of these qualities.

When I graded the worksheets, I noted that many students failed to grasp what was meant
by a law being “fair.” When describing a law as fair, it means that the law applies to everyone
equally. Fortunately, since we did not get to the concluding activity until after I had graded the
worksheets (the lesson expanded into another day), I was able to re-emphasize the definition of
“fair,” when it comes to a good law.

Most notably, today was a very rough day behaviorally. This could be partly as a result of
the awkward schedule. It could also be because students assumed that Ms. Meadows may not
count the county test since it counts on us being further in the curriculum than we are (due to
snow days earlier in the year). Therefore, several students were distracted or chatty during the
test. Since I could not deduct points or give zeroes for a test that may not count, I began
deducting points from Ms. Meadows’ midterm tests, which they had taken the previous week.
Furthermore, there were conflicts between students. One female student addressed the male,
autistic students in an effort to encourage them. Unfortunately, the boys did not appreciate the
attention that drew, and they responded negatively. The situation began as a misunderstanding,
but it grew when the female student attempted to apologize, which only disgruntled the twins
further. Everyone began to laugh at them, and I told everyone to be quiet. For the remainder of
the class, the female student made a few comments regarding the twins under her breath, despite
my explaining to her that the twins simply do not like the attention. Because she continued to
make these comments (and because she insulted another girl’s clothing choices), I wrote a note
to her assistant principle.
The purpose of laws are to keep peace and prevent violent acts
:deter potential crimes
:set rules to resolve conflicts

A good law is
:fair – everyone should be treated equally under the law
:reasonable – laws should not result in cruel and unusual
punishment
:understandable – people need to be able to comprehend
the law so that they do not break the law
:enforceable – police, courts, and communities need to be
able to uphold the law

 Constitutional law deals Example: John Peter  Administrative law deals  Statutory law
with the interpretation Zenger criticizes the with the creation and encompasses any
of the Constitution. royal governor in the management of statute.
Should the Constitution New York Weekly executive agencies. It  Family law deals with
be read literally, or is it Journal. He was charged includes rules made by marriage, spousal or
flexible enough to with libel but found such agencies to carry child abuse, adoption,
change over time? innocent, demonstrating out their purposes. and divorce.
what would become a  Tort law is a branch of
foundation of civil law dealing
constitutional law – our specifically with torts, or
1st amendment incidents of negligence
protection of free press. or civil wrongs.

… laws to prevent people from hurting each other or each others’ property … laws to prevent people from hurting each other or each others’ property

Arson: intentionally and maliciously Vandalism: intentionally and Larceny: taking property without the Robbery: taking property by using
setting property on fire. maliciously destroying or defacing intent to return it. force or threats.
property.

… laws to prevent people from hurting each other or each others’ property The Bill of Rights, and how the Supreme Court has interpreted it, has
influenced how we are protected in civil and criminal cases.

Burglary: forceful entry into a house Assault: the threat of violence against a
or building while intending to person.
commit a crime
Battery: the act of violence against a
person.

Manslaughter: killing a person without


malice aforethought

Murder: killing a person with malice


aforethought

Victimless crimes: gambling,


prostitution, indecent exposure
4TH AMENDMENT 5TH AMENDMENT 6TH AMENDMENT 8TH AMENDMENT

 Mapp v. Ohio  Miranda v. Arizona  Gideon v. Wainwright  Furman v. Georgia


 Katz v. United States  Right to remain silent
 California v. Greenwood  Anything you say can and will
 New Jersey v. T.L.O. be used against you
 Right to an attorney
 If you can’t afford one, one
will be provided (public
defender)

 Stare decisis:  Double jeopardy: Cannot be charged for the


 Literally “let the decision stand” same crime if you were already found not
 Use precedents to determine ruling in court cases guilty
 Writ of habeas corpus:  Due process of law: government must follow
 Literally “you should have the body” correct procedures and respect everyone’s
 An arrested person must be brought the court to legal rights
hear the charges against him or her
 Bill of attainder: a law punishing a person
 Ex post facto law: Cannot be punished for a
act that was not against the law when it was without a trial or fair hearing in court
committed.
Student notes:

Evan
Evan
Evan
Elijah
Elijah
Elijah
Sam
Sam
Sam
Student work samples:

Evan
Elijah
Sam
Evan
Elijah
Sam
Grade/Class: 10th grade, Civics and Economics Subject/Areas: Types of law

Unit Topic: Civil and Criminal Law Day: Tues, April 5

Desired learning outcomes:

• Students will know the distinction between criminal, civil, tort, family, constitutional,
administrative, and statutory law.
• Students will be able to give examples of crimes dealing with each of the aforementioned
types of laws.
• Students will be able to distinguish between types of crimes such as burglary, larceny,
and robbery; arson; vandalism; manslaughter and murder; assault and battery; etc.

Essential questions from learning objective:

• Why do we need the different types of law to address different crimes?


• How does the law take motivation into account when defining crimes?

NCSCOS goal and objective:

6.02. Cite examples of common, criminal, civil, constitutional, administrative, and


statutory law.
6.07. Compare responsibilities, jurisdictions, and methods of law enforcement agencies.

Learner prior knowledge/learner background experiences:

Students will have studied Constitutional law, particularly as it pertains to Supreme Court
Cases. Students will have studied all required Supreme Court cases under the North Carolina
Standard Course of Study.
Students may have background experience with different types of law and law
enforcement based on their own experiences, the experiences of loved ones, or the experiences
depicted on television shows. While students may have this basic knowledge, they most likely
have not thought about how different court cases represent different types of law.

Materials and resources needed:

• Police radio

• Introduction to Law mini-notebook

• Recent newspapers

Teaching strategies:

Anticipatory or introductory strategies: Teacher will turn on police radio and interpret
whatever codes are being said over the radio at the moment. Students will keep a log of the
crimes being reported and observed by the police. If there is slow time, in which there is not
adequate police chatter, teacher will continue with developmental strategies. However, teacher
will keep police radio on so that students can hear the current functions of law enforcement.

Developing strategies: Instruct students through the middle portion of their mini-
notebook. When distinguishing the differences between various crimes, guide students to
illustrate the differences. For example, burglary could include the illustration of a house, while
robbery could include the illustration of some weapon.

Concluding strategies: Students will be given time to look through recent newspapers.
Students will cut out articles and paste in their writing journals. They must find at least one
article pertaining to each type of law studied. For each article, they must explain why it
demonstrates the specific type of law. Sam might be given simpler sources for articles (ex: The
Week magazine gives short, basic, but significant news reports). Evan might be given more
challenging sources (ex: The Wall Street Journal).

Assessment:

Teacher will check the newspaper articles compiled by each student. Assessment will check to
be sure all types of law are represented and that the explanations are accurate.

EC accommodations/modifications to strategies or assessments:

Student with vision problems will require a larger mini-notebook. He will be allowed to search
for articles online and copy and paste them into a Word document, where he can also type his
explanation for each article.
One student will require a copy of the mini-notebook with the notes already filled in.

Wrap-up and reflection by the students:

As a ticket-out-the-door, students will be asked to list and briefly describe three different types of
law.

Teacher reflection:

Students were really engaged with the police radio activity, even though there were
numerous technical difficulties. The radio would not pick up a steady frequency, limiting the
amount of chatter we heard. However, even during students’ break, they wanted to continue
listening to the radio. The activity seemed to make some students interested in emergency
services or police careers. However, the activity could be enhanced. First, assuming we were
able to get a more steady signal, it would be better to emphasize the fact that everything heard on
the police radio qualifies as criminal law, since many students seemed to struggle with the
difference between civil and criminal law. Second, it would be best if we were somehow
guaranteed that something significant would happen while we listened. For that, it might be more
productive to simply have a recording of the police radio.

Having the actual police radio lends a certain level of authenticity to the activity. For
example, during the first period, we heard police called to a riot, providing excitement for
students. During the last period, students heard about a bomb threat, and one student joked about
how he was going to call in a bomb threat. This event provided an excellent teachable moment
about how one should not say things that could get one in trouble. Additionally, the use of the
police radio really helped students gain an inside look and understanding of the NSCOS goal
6.07, which looks at the responsibilities and methods of law enforcement agencies.

As we were going through the notes, I drew everything on the SMARTboard. When I
came to the term “vandalism,” I admitted that I could not draw graffiti well, and a student who
rarely comes to class offered to draw an example for me. This made me realize that it may be
more fun to let students draw all of the illustrations. They enjoy any opportunity to use that
technology, and using such technology engages them more in the lesson. So, students eagerly
volunteered to draw examples of crimes for the class. Having students illustrate the crimes
worked really well. However, one problem arose when some students would feel the need to
illustrate exactly as I was illustrating. The point of the drawing was to get students to understand
the types of crimes, and if they are merely copying what I am drawing, they are not thinking
about the crime for themselves. Another problem with offering that opportunity for students
occurred when certain students drew graffiti. First, several students wanted to demonstrate their
graffiti skills, and many were upset when I limited the number of students who could draw
examples to only two. Second, despite my explicit instructions to not draw anything gang-related
or inappropriate, one student drew an acronym for an inappropriate phrase. By the third period, I
decided to choose the student who got to use the SMARTboard more carefully, and I told him to
only write his name. These limitations made the activity much more effective and appropriate.

Finally, with the newspaper activity, it required much tweaking. First, we did not have
enough newspapers for all of the students to easily find and cut out three articles. So, I made the
students only cut out one article from a newspaper or magazine, and they only had to summarize
the other articles. Then, because of those limitations, the instructions I gave were rather
confusing. I had to explain that students had to find at least one article from the newspaper, at
least one from online, and the other could be from either source. Then, at least one article had to
be criminal law, at least one had to be civil law, and the other could be whichever. Even now, I
am struggling to come up with a better way to give these instructions. Primarily, I believe
providing the students with a clear example would help them better understand what I am
looking for in their journal. Additionally, I think providing students with some sort of chart
which details the requirements could help. For example, displaying the following chart could
help clarify the instructions:
Newspaper Online
Article #1 Civil
Criminal
Article #2 Civil
Criminal
Article #3 Civil
Criminal

Then, I could explain how they need at least one check in the newspaper column and one in the
online column. Hopefully, this type of visual explanation would help.

Finally, there were behavioral issues during the activity. Several students were not
remaining on-task, and some who remained on-task would still get distracted by reading other
articles or by looking at criminal records online. I should have been forthright with the time
restraints of the activity at the beginning.
Student work samples:

Evan
Evan
Sam
Student Assessment:

The assessments of the journals will occur at the end of the quarter. Each assignment in
the journal is worth ten points, and we will check for five to seven assignments. Elijah did not
have this assignment in his journal and would, therefore, receive a zero out of ten. Sam would
receive an eight. He only gave two of the three articles, but I would be lenient with that number
because I know they worked hard, and they should receive alternate grading. Interestingly, Sam
went through several criminal law-related articles before he found one that did not offend him
too much. He is very sensitive, and he did not enjoy reading about murder and other crimes.
Finally, Evan would receive a ten. He is one of the few students who found three articles in the
time restraints, and I am very proud that he found an article relating to constitutional law. It is
rare to find articles which do not focus on criminal or civil law, so I am very impressed with his
findings.
Grade/Class: 10th grade, Civics and Economics Subject Areas: Protection under the law

Unit topic: Civic and Criminal Law Day: Tues, April 5

Desired learning outcomes:

• Students will identify the protections afforded by the Bill of Rights and to persons
accused of a crime
• Students will analyze how the protections in the Bill of Rights have been interpreted
through various Supreme Court cases.

Essential questions from learning objective:

• How does the government protect the rights of the accused, and is this protection
adequate and reasonable?

NCSCOS goal and objective:

2.03. Explain how the Unites States Constitution grants and limits the authority of public
officials and government agencies.

Learner prior knowledge/learner background experiences:

Students will have studied the Bill of Rights, which offers protection under the law
throughout the judicial process (due process, no cruel and unusual punishment, no unreasonable
search and seizures, no self-incrimination, etc.). Students will also have background knowledge
in Supreme Court cases dealing with criminal rights (Miranda rights, definitions of unreasonable
searches and seizures, etc.).
Students are naturally interested in criminal trials because they see so much crime on
television shows and in their communities. Therefore, students may have varying amounts of
personal experience with criminal law. Some television shows directly deal with some of the
protections offered to accused persons, but many overlook the technical details.

Materials and resources needed:

• Introduction to Law mini-notebook


• Previous lesson’s newspaper activity
• “Imperial Power” USA News article

Teaching strategies:

Anticipatory strategies: Students will review their newspaper articles and see if they
recognize any rights from the Bill of Rights mentioned in the articles. They should highlight any
references. A few students can share examples.
Developmental strategies: Discuss the final portion of the Introduction to Law mini-
notebook. This information is fairly straightforward and simple; however, students will have to
work to pronounce things correctly and memorize the definitions. In the mini-notebook, guide
students to draw little illustrations to help them understand phrases like “double jeopardy” and
“ex post facto.” Provide examples of appropriate illustrations. Emphasize and review how these
vocabulary words relate to the Bill of Rights.

Concluding strategies: Students will make vocabulary flashcards for the 15-2 and 15-3
vocabulary on their Chapter 15-16 study guide. The vocabulary reviews the main rights of
accused persons. Finally, students will pair up with another person at their table and quiz each
other with the flashcards.

Assessment:

Students will take a vocabulary quiz because this lesson is so heavy on technical vocabulary.

EC accommodations/modifications to strategies or assessments:

For the vocabulary quiz, students who require modifications will have their vocabulary word
banks given in smaller chunks.

Wrap-up and reflection by the students:

Students will respond with a quick-write to the following question:

If you were accused of a crime, which of your rights would you be least willing to give
up?

Reflection by the teacher:

As I went over the PowerPoint, I realized that I did not include much information on the
slides, particularly with the Supreme Court cases. First, I wanted students to be able to review
the Bill of Rights without any aide from the board, so I would not change the lack of Bill of
Rights information on the PowerPoint. However, I might include more details about the court
cases. Sometimes, if there is too much information on the slides, students will simply copy down
the information and then tune out the teacher because they believe they have all that they need to
know. Therefore, I want to encourage my students to learn good listening skills. However, when
I do not include much information on the PowerPoint, students constantly ask, “What did you
say we need to put in this blank?” At some point, I want to minimize the time I am wasting with
those types of questions. I believe that, if I were able to teach the class from the beginning and
for a more extended amount of time, I could train the students to listen to lectures and
discussions more effectively so that they could become stronger learners. At their current level, I
should have included more information on the PowerPoint.
Students were really engaged in the discussions of the Supreme Court cases. They
seemed to enjoy learning the stories behind the cases. Each case provided a good review over the
Bill of Rights, which we have already studied in depth. Each case also shows the limits and the
powers of government officials and law enforcement, fulfilling the purpose of NCSCOS goal
2.03. Of course, this overview of a few cases simply provided a brief introduction to the more in-
depth study that will occur in the following weeks, as we begin to study the Supreme Court.

The final page of the Introduction to Law mini-notebook included questions which
students were to answer in regards to an article. I knew the article included some vocabulary
which students might not understand, so I decided to read the article as a class. I did this for two
periods before I decided that it simply was not working. The vocabulary made things difficult,
and I realized that students were not really benefiting from the article. Not everyone is very
interested in history, and I was much better off simply summarizing the idea presented in the
article, namely that numerous presidents have suspended certain rights for people accused of
crimes, particularly during times of war. Exploring history in this way and seeing how presidents
have expanded their power, however, allows students to see the other side of the NCSCOS goal
relating to the limits on government.

Another behavior issue arose within the final five minutes of class. One male student had
to use the restroom, and he begged me to leave before the bell rang so that he could use the
restroom and make it to his bus on time. I told him that he could use a bathroom pass, but he
refused. The discussion escalated until he just left the classroom, with two minutes until the bell
rang. As I reflect on the issue, I believe that, at some points, I should not push an issue.
Aggravating a student and creating a situation in which he will be written up and punished by an
assistant principal only exacerbates a situation. It also makes the student very unwilling to
cooperate for days. Hence, some fights are not worth picking. However, with an issue like using
the restroom without using a bathroom pass, if I allow one student to leave early, what is
stopping other students from asking to do the same? In the future, I would like to deal with the
student more privately, so that other students will not be aware if I let the student use the
restroom without using his bathroom pass.
Student work samples:

Evan
Elijah
Sam
Student Assessment:

Evan
Elijah
Sam
Grade/Class: 10th grade, Civics and Economics Subject Areas: Civil law suits

Unit topic: Civil and Criminal Law Day: Wed, April 6

Desired learning outcomes:

• Students will know the possible causes and purposes of civil court cases.
• Students will understand the process behind civil cases and will know alternatives to
dealing with cases in court.

Essential questions from learning objective:

• Are law suits the most effective way to deal with civil wrongs? Are they ever excessive?

NCSCOS goal and objective:

5.03. Describe the adversarial nature of the judicial process.


6.02. Cite examples of common, criminal, civil, constitutional, administrative, and
statutory law.
6.03. Identify the various procedures in the enactment, implementation, and
enforcement of law.

Learner prior knowledge/learner background experiences:

Students will have an introduction to civil law in the lesson on types of law. This lesson,
however, only addresses civil law at a very surface level. Essentially, students will know the
purpose and basic conflict of civil law suits.
Students will have some background experience with civil cases because one cannot
watch television without being aware of the large amount of law firms dealing with all types of
civil cases. Students have also seen television shows such as The People’s Court.

Materials and resources needed:

• PowerPoint on Liebeck v. McDonald’s Restaurants


• The True Story of the Three Little Pigs, by Jon Scieszka, A. Wolf, Lane Smith
(Illustrator)
• The True Story of the Three Little Pigs civil trial guide

Teaching strategies:

Anticipatory or introductory strategies: Introduce students to the concept of civil law by


referencing the example found in Liebeck v. McDonald’s Restaurants. Review the basic facts of
the case.
Developmental strategies: Read The True Story of the Three Little Pigs. After the story,
students will receive the civil trial guide and will discuss it with their table mates. They will be
referred to page 450 in the textbook for definitions of civil trial vocabulary and proceedings.
After adequate discussion time, review the guide with the students to be sure they have the
correct answers to the guide, identifying the correct roles filled by the wolf and the pig.

Concluding strategies: Return to the Liebeck v. McDonald’s Restaurants case. Now that
students have a better understanding of civil law suit processes, students will investigate whether
or not the case is really as ridiculous as it sounds at first review. Students will write their own
opinion on the case as a final quick-write.

Assessment:

Students will either create a picture book detailing the court proceedings in the civil court trial of
A. Wolf v. The Third Pig or will write and perform a small skit demonstrating the court
proceedings. Quieter students may appreciate the picture book option, while more outgoing
students, such as Elijah, may prefer the skit. For the court trial, students may work in groups of
up to three, if desired. For the picture book, students may work in pairs, if desired. Students will
be given a rubric detailing the expectations of their work. Sam may have to work in a group with
his brother and their helper tablemate, regardless of which assignment they choose.

EC accommodations/modifications to strategies or assessments:

One student will require a print-out of the notes.


The student with sight problems as well as two others may require larger books if they choose to
create a picture book.

Wrap-up and reflection by the students:

Students will complete a quick-write in response to the following prompt:

If you were the judge in Liebeck v. McDonald’s Restaurant, how would you rule and why,
given the purposes and proceedings and civil trials? Give at least one reason related to today’s
lesson on why you would make that decision.

Reflection by the teacher:

The McDonald’s case example was the ideal way to get students engaged in the lesson
immediately. All of the students enjoyed laughing at the “caution: hot” warnings on coffee cups,
and many of them had opinions about the case before they even heard the details. I believe a few
of the students changed their opinions once they heard about the background of the case,
particularly the warnings McDonald’s had received about their coffee before this particular
lawsuit.
Again, I faced the issue regarding how closely the PowerPoint should correlate to the
notes. While I believe that the PowerPoint follows the notes fairly closely, some of the points
were worded differently, and this threw off students, particularly the autistic twins. For those
twins, it might be best to create a printout of the slideshow with some words blank. That way,
they have no questions about what they are to write. However, I am concerned that they may not
pay attention after they have the blanks filled. Ultimately, patience is the key, because whichever
option I choose, those twins will require repetition and extra attention.

Students really enjoyed the picture book. Many sighed and groaned about feeling like
they were in elementary school, but they all listened attentively and laughed and enjoyed the
story. However, as the assignment was given, I realized the need to alter the assignment. First, I
gave students a longer time period in which to complete the assignment. I only intended on
giving them a weekend, but then I realized they needed more time and more direction. Therefore,
I gave extra credit to those who had completed their work early, and I offered them a chance to
revise their work if needed. I gave constructive criticism for those who brought in their work
early. I also gave students a list of six steps that they should include for their civil trial, since
some students expressed confusion about what the picture book or play had to include.

Given students’ projects, I believe we must revisit the differences between civil and
criminal cases. The biggest difficulty seems to be that students believe that one sues another in
response to a crime like murder. Then, they generalize that jail time is a punishment with any
case, including lawsuits. In further studies, I will emphasize that lawsuits mean that someone is
suing (for money or a fine) another person for some act of negligence or bad business. Criminal
trials, which do not involve suing, will deal with crimes and prison sentences.

Behaviorally, today was difficult because the two students who had been disruptions in
earlier lessons were angry at me for alerting their assistant principal. With the female student,
she mostly stayed off-task, in the back corner of the room. She was not distracting others, and
she was taking some notes, so I did not want to exacerbate the situation by reprimanding her and
angering her further. The male student who left class early pushed the boundaries in front of
other students by pulling out his cell phone, without turning it on, while I was standing right in
front of him. Again, not wanting to cause a great commotion, I simply told him to put it away
and waited patiently until he did.
Case study: Liebeck v. McDonald’s
Restaurants
The cause: On February 27,
1992, Stella Liebeck of
Albuquerque , NM spilt hot
coffee on her lap, getting third
degree burns on six percent of
her skin.

She had to stay in the hospital


eight days, and underwent skin
grafting.

How much responsibility


should McDonald’s take in this
incident?

The judge reduced the award to


The arguments: The results: $160,00 in compensatory damages
and $480,000 in punitive damages.
•Attempted to settle The jury decided that
for $20,000 first Why might the judge have reduced
McDonald’s was 80 the award?
•Attorney Reed percent at fault for
Morgan accuses Liebeck’s injuries. Both sides appealed the case.
McDonald’s of “gross
negligence.” Their The jury awarded
Why might have both sides
coffee was Liebeck $200,000 in appealed?
“unreasonably compensatory
dangerous.”
damages and $2.7
Eventually, Liebeck and McDonald’s
•Over 700 reports of million in punitive settled outside of court for an
burns from coffee damages. undisclosed amount under
between 1982-1992 $600,000.

Plaintiff: the
Civil lawsuits Civil lawsuits individual bringing
suit
Types of civil lawsuits: Defendant: the
• Negligence: someone individual or
was injured or property company being sued
was destroyed because of
someone else’s
carelessness
• Breaches of contract
• Property disputes
• Family disputes

Proceedings: Complaint: Proceedings (cont.):


statement which
1. Retain, or hire, a lawyer names the parties 5. Discovery phase: both sides have the chance to
involved with the review the details of the case, check facts, and
2. The lawyer files a lawsuit and the
complaint with the court details of the case question the other side.
3. The court sends a 6. Pretrial conference
summons to the  drop suit Settlement: both
defendant  settlement sides of a civil
Summons: a lawsuit agree on an
4. The defendant’s lawyer document which mediation amount of money to
sends an answer to the
announces the arbitration be paid to the
defendant is being plaintiff before going
complaint sued and sets court
trial to trial
date.
In a civil case, how should
Proceedings (cont.): damages be determined?
7. Trial  compensatory damages: The purpose of compensatory
a. Most likely heard before judge (not jury) damages is to pay to compensate, or make up for, the
b. Must prove defendant’s guilt with a “preponderance of medical costs, lost pay, etc. of the plaintiff
evidence”
8. Verdict:  punitive damages: As with any punishment, the
Defendant is guilty  must pay damages purpose of punitive damages is to reform the
Defendant is innocent  plaintiff must pay all court defendant and discourage the defendant from acting
costs in a manner which might cause future lawsuits.
9. Appeal:
 Are punitive damages effective? Should there be a cap
Plaintiff may appeal if he or she lost the suit on the basis
of mistrial or some other injustice on them?
Defendant may appeal if he or she lost the suit to have
award reduced

Case study: Liebeck v. McDonald’s


Restaurants

What do you think? Should


McDonald’s have been found
guilty? What damages might
you have awarded to Ms.
Liebeck?
Student notes:

Evan
Evan
Elijah
Elijah
Sam
Sam
Student work samples:

Sam

Elijah turned in a play for this assignment. However, it described a criminal trial more than a
civil trial. I pointed this out to him and told him I would use the project for the next lesson’s
assignment. However, he never brought another play to me.
Student assessment:

Evan
Evan
Evan
For Sam’s picture, I decided to edit how I would assess his work. He was confused as to the
requirements, yet he was able to fill out the entire back side of the notes, which outlined the court
case. Most students did not fill the guide out entirely. Additionally, he did so exceptionally on
his criminal case picture book. Therefore, I believe he has demonstrated the effort and learning
that I wanted students to achieve with these assignments. However, since he did not actually
complete the requirements of the picture book or play, I gave him a 70 as a grade. I will explain
my reasoning to him in class.
Grade/Class: 10th grade, Civics and Economics Subject Areas: Criminal law

Unit topic: Civic and Criminal Law Day: Wed, April 6 & Thurs, April 7

Desired learning outcomes:

• Students will determine the role that law enforcement (police) has in the criminal justice
system and in the process of arresting alleged criminals.
• Students will be able to outline the process of a criminal trial and the various outcomes
which criminal trials can have.

Essential questions from learning objective:

• Does the United States criminal justice system effectively discourage crime, or how
could it be more effective?

NCSCOS goal and objective:

4.05. Analyze consequences of compliance or noncompliance with laws governing


society.
5.03. Describe the adversarial nature of the judicial process.

Learner prior knowledge/learner background experiences:

Within the classroom, students will have already encountered some aspects of the due
process which must take place during criminal trials, such as the reading of Miranda Rights.
Also, students will most likely have extensive knowledge on criminal law because they
encounter it in their everyday life (in their neighborhoods, in media, etc.). A very small number
of students, such as Sam, are rather sheltered and may have less knowledge regarding criminal
law and trial proceedings.

Materials and resources needed:

• Arrest, Trials, and Sentencing PowerPoint


• Civil vs. Criminal trial proceedings chart
• The True Story of the Three Little Pigs, by Jon Scieszka, A. Wolf, Lane Smith
(Illustrator)
• The True Story of the Three Little Pigs criminal trial guide

Teaching strategies:

Anticipatory strategies: In order to understand a primary step in a criminal trial – how a


jury is selected – present students with a hypothetical murder trial. Then, several students will be
chosen as potential juror candidates for a jury pool. Each student will be told one of the
following character profiles:
• A very religious individual
• Someone who loves crime and forensic television shows
• A member of the NRA
• Someone who spends a significant amount of effort to find extraterrestrials
• A super-opinionated and vocal individual
• A hippie
• Someone who is out of the state for an extended time (in college, for example)
• Someone who just came back from a long vacation
• Someone who has a family member who was murdered
• A strong supporter of the death penalty

Given these characters, the class will discuss who should be allowed (or in most cases, who
should be rejected) from the jury pool. For each character, determine which side – the prosecutor
or the defender – might prefer or dislike the potential juror. Discuss why each side might feel
strongly about each character.

Developmental strategies: Discuss the Arrest, Trials, and Sentencing PowerPoint.


Students will fill out their copy of notes as the slide show is presented. Be sure to emphasize the
difference between the grand jury and the petit jury. When discussing plea bargains, question
why an individual might plead guilty. Ask students what they understand about court trials based
on television shows or movies before covering the process in the slide show. Correct any
misconceptions about trials as reviewing the slide show. Conclude that these processes must be
followed because of the right to due process.

Concluding strategies: Students will receive the criminal trial guide for The True Story of
the Three Little Pigs. The book will be available if students need refreshing on the story.
Students will be allowed to discuss the guide with their tablemates. Students will be referred to
page 457 in the textbook to understand vocabulary and general trial proceedings.

Assessment:

Students will continue their picture book or play from the civil trial case. However, this time, the
case will be People v. A. Wolf, and it will be a manslaughter case against A. Wolf for the deaths
of the pigs. Again, quieter students might prefer the picture book option, while more outgoing
students like Elijah may prefer the skit option. Students may use the same grouping they used for
the civil trial case.

EC accommodations/modifications to strategies or assessments:

One student will require a print-out of the notes.


The student with sight problems as well as two other students may require larger book formats if
they choose to complete a picture book.
Wrap-up and reflection by the students:

Instruct students to work through the civil vs. criminal trial proceedings chart with their table
mates. Then, go over the answers in class to be sure that students understand the differences.
Sam might require a word bank, while Evan should work fine without a word bank.

Reflection by the teacher:

The jury selection activity is a good idea, in theory. However, the way I performed it at
first was not very effective. First, there is the issue of timing. The activity should not be done at
the beginning of the lesson. Students do not understand the point of a jury in a criminal trial at
that time. Therefore, they were a little confused as to the point of the activity. The activity also
did not flow into the beginning of the lesson very well at all. The transition was too abrupt.
Therefore, by the second class, I had moved that activity to the middle of the PowerPoint
presentation, when we are discussion juries. This was a better option on several accounts. First,
the activity fit in the chronological order of criminal cases. Second, it provided a little break from
note-taking and lecturing. Moving the activity to the middle of the lesson gave students an
opportunity to experience a change of pace, which is very needed in a block class.

The jury selection activity was also not organized well. I had the ideas for characters, but
I should have made students learn to embrace their characters more fully. As it was, students
simply repeated the description I gave them about their character. The activity could have been
much more fun if students would have acted out their character, and if the audience could have
acted out the part of lawyers for the defense and the prosecution. In the future, I would like to
create a mock trial so that students have the background knowledge of the case and the “lawyers”
can make more informed decisions about who they might want on their juries.

Some students expressed the need to hear the story again. Additionally, some students
were not present during the first reading of The True Story of the Three Little Pigs. Therefore, I
decided to re-read the story. I also typed up a summary of the story so that homebound students
and students with IEP’s could reference it while creating their picture book or play.

Students seemed to grasp the criminal trial process much more than the civil trial process.
As a result, their criminal trial pictures books and plays are much better. This could be partly
because I provided a good example for the students to look out to have some inspiration. I have
learned that it is fundamental to give students clear examples of what I expect, even though I
want them to be creative and come up with their own ideas, too. Additionally, having learned
from the first picture book assignment, I gave students a list of events I wanted specifically
addressed in their books. Despite the emphasis on this step in the trial, there is still confusion
over what happens in an arraignment. However, I believe students definitely understand the
basics of the NCSCOS goals trying to be met in this lesson, even if they need to work on the
vocabulary more.
Parts of the Criminal Justice System
Law enforcement Prisons

Court

Judge

ARREST, TRIAL, &


SENTENCING Juries Lawyers

Types of crime Types of crime (cont.)

Felony: a serious crime with Misdemeanor: a lesser Victimless crimes: crimes for which no one’s
dramatic consequences for crime punishable by a fine rights are being clearly violated. There is no
victim and criminal or less than one year in jail clear victim
Murder Vandalism j Prostitution
J Rape Trespassing j
Indecent exposure
J Arson Disorderly conduct

Burglary Public intoxication Illegal gambling

Arrest Booking

 Why you might be arrested: •Take suspect’s personal


information, photograph
A police officer witnessed a crime (mug shot), fingerprints
 A citizen has made a complaint or has reported a crime
Record information about

 A judge issued an alleged crime

arrest warrant •Search the suspect and


confiscate personal
 Must be read the belongings
Miranda Rights! • Place suspect in holding cell

After booking, bail can be set.


bail: a payment made by a suspect as a promise to return before court for
the trial
On what does the amount for bail depend?

Pre-trial

 Hearing: Suspect is brought Arraignment:


before court to be told Court
Trial
charges against him or her. procedure in Prosecution: the Defendant: the
 Grand jury hears evidence to which formal individual or person accused
determine whether there is charges are group who of the crime
enough evidence to indict the brought to brings charges
suspect and proceed with the suspect. Suspect against the
case. then pleads suspect. Usually
 Indictment: Formal charges
guilty, not the state or the
for a crime. guilty, or no “people”
contest
The jury Arguments
 Opening statement: Lawyers present the case they will argue.
 Witnesses give testimony under oath in favor of or incriminating
the suspect.
 Witnesses are cross-examined by the other side to cast doubt on
 The defendant can opt their testimony.
 Closing statement: Lawyers re-emphasize the testimony and
for a bench trial – a evidence in favor of their case.
trial without a jury, just  The judge explains any remaining legal questions to the jury.
before the judge
 Jury selection

Verdict

Jury is sequestered, or
separated from the public,
Sentencing
to look over evidence and
determine the verdict. Why do we need penalties?
Must find guilt “beyond As a punishment which pays for the offense
reasonable doubt.”
To keep dangerous persons away from the
Acquittal: finding the
suspect innocent.
general public
To warn others against committing crimes
Hung jury: the jury
cannot agree on a verdict, To prepare lawbreakers to re-enter society, in
and the trial is ruled as a
mistrial. some cases

This American Life: Act V

How can you help the


most hardened
Death Penalty
criminals?

Where is it used? Pros and Cons

In the United States… Around the World… ARGUMENTS FOR THE DEATH ARGUMENTS AGAINST THE
PENALTY DEATH PENALTY
 Prison costs  Price of court appeals
 “Eye for an eye”  Moral issue of killing
 Deters crimes like  Cruel and unusual
murder punishment
 Blue: abolished for all crimes  Safety concerns  Targets certain socio-
 Dark red: use death penalty  Green: abolished for crimes not economic groups
 Light red: have death penalty, but not in committed in exceptional
use since 2000 circumstances (i.e. war)  Might be proven
 Beige: death penalty unconstitutional, but Orange: abolished in practice
ruling may be revisted


 Pink: legal for certain crimes


innocent later
 Blue: no death penalty.
Student notes:
Evan
Sam
Sam
Elijah
Student work samples:

Evan
Evan
Evan
Elijah
Elijah
Elijah
Elijah
Sam
Student assessment:

Evan
Evan
Evan
Elijah
Elijah
Elijah
Elijah
Sam
Grade/Class: 10th grade, Civics and Economics Subject Areas: Sentencing

Unit topic: Civic and Criminal Law Day: Thurs, April 7

Desired learning outcomes:

• Students will be able to explain the four purposes of penalties for crimes.
• Students will evaluate and question the sentencing options held by a judge, and how
those options vary depending on the severity of the crime and the state in which the crime
was committed.

Essential questions from learning objective:

• Should a criminal’s sentence reflect the desire to punish the criminal or to rehabilitate the
criminal?

NCSCOS goal and objective:

4.05. Analyze consequences of compliance or noncompliance with laws governing


society.
5.03. Describe the adversarial nature of the judicial process.
6.08. Evaluate methods used by society to address criminal and anti-social behaviors.

Learner prior knowledge/learner background experiences:

Students will have studied “cruel and unusual punishment,” as it was studied under the
Bill of Rights. However, students will have varying opinions on what defines cruel and unusual
punishment. Students will understand some ideas regarding sentencing based on the historical
codes studied earlier in the unit, many of which required very specific consequences for crimes.

Materials and resources needed:

• Death Penalty Fact Sheet – retrieved from


http://www.deathpenaltyinfo.org/documents/FactSheet.pdf
• Arrest, Trials, and Sentencing PowerPoint
• “This American Life: Act V” recording and listening guide – retrieved from
http://www.thisamericanlife.org/radio-archives/episode/218/act-v

Teaching strategies:

Anticipatory strategies: Play clip from “This American Life: Act V” (from approximately
the 37-47 minute marker). Students will listen and answer questions, although instruct students
to wait to answer the last question until the end of class. Walk through the soliloquy mentioned
in the clip with the students (the soliloquy is provided on the listening guide). Then, discuss the
students’ responses, particularly to the question pertaining to the two sides of the prison debate
(is prison to punish or to rehabilitate?). Ask students their opinions on the matter. Tie this to
future study on juvenile cases.

Developmental strategies: Go over final portion of Arrest, Trials, and Sentencing


PowerPoint. Students will fill in a copy of the notes while teacher reviews. Note that adult
sentencing usually serves to punish rather than rehabilitate. When addressing mandatory
sentencing, remind students of the mandatory punishments found in historical codes (i.e.
Hammurabi’s Code).

Concluding strategies: Direct students to read the Death Penalty fact sheet. Inform
students on the basic arguments for and against the death penalty using the final portion of the
Arrest, Trials, and Sentencing slide show.

Assessment:

Instruct students to separate (on opposite sides of the room) based on whether they support or do
not support the use of the death penalty. Allow each group time to discuss their reasoning. If the
group is too large, split it up into smaller groups to maximize each student’s participation. Once
each group has discussed their reasoning, pick one representative from each group to share their
opinions on the death penalty. During group discussion, listen to each group and ask questions to
group members individually, before presentation.

EC accommodations/modifications to strategies or assessments:

One student will require a print-out of the notes in their entirety. Another student may require a
larger-print set of notes.

Wrap-up and reflection by the students:

Students will answer the final question on the “This American Life: Act V” listening guide and
turn it in as a ticket-out-the door.

Question: Are we forever the prisoner of our actions?

Reflection by the teacher:

I had heard this “This American Life: Act V” clip in my high school English class, and I
thought it was fascinating as a student. Therefore, I was eager to share it with my students.
Unfortunately, I think the parts they found most interesting were the details on the crimes
committed by the actors. This activity could have been more interesting for the students if they
had a more thorough understanding of Hamlet. Only one or two students from each class had
ever read or seen Hamlet, and even less could tell the class the basic plot of Hamlet. Not wanting
to turn Civics into an English class, I do not believe I did justice in describing the plot of Hamlet
to the students. However, I still feel like students could learn from the activity. Ultimately, with
that listening assignment, I wanted students to consider alternate methods of punishing, or
rehabilitating, criminals. I really appreciated the creative use of art to help criminals deal with
their emotions, and I hope some students might be inspired to use similar techniques, whether in
counseling jobs, as teachers, or even in prisons. It also makes students consider the point of
penalties for crimes – punishment or rehabilitation? Therefore, it really addresses NCSCOS goal
6.08, which requires students to evaluate methods used in response to anti-social behavior.

Any time we discuss the death penalty, students get interested. They want to know how it
is done, where it is done, etc. Therefore, I really liked showing them the maps I was able to find
which showed where exactly the death penalty is practiced. In a previous unit, they had been
given a handout detailing the various methods of giving the death penalty, and we were able to
review that, as well.

The debate on the death penalty worked very well, overall. The first time I conducted the
debate, I did not set enough ground rules. The class was very large, and it was easy for students
to not participate, even though I split each side up into smaller groups. A couple students
dominated the debate, and students talked over one another. For the next class, we had limited
time, and I did not feel there was enough time to justify dividing students up on either side of the
room. So, we had a class discussion. The most interesting comments came out using this method.
It stirred up a lot of unexpected controversy and emotion. One girl’s cousin had received the
death penalty, and she responded very emotionally to the discussion. She also asked if people
who administered the death penalty went to hell, which is a very difficult question to handle
sensitively in a school setting. While I really liked the depth of the discussion, I felt like I was
playing a larger part in the discussion than I wanted to with the debate. Therefore, I went back to
the debate format for the final class. Because this class was so small, the debate format worked
exceptionally well. Most students participated, sharing their thoughts with the entire class. There
were minor yelling problems, but I made students quiet down and respect their peers. I was so
proud of the way this class handled the debate. It allowed all students to really shine. Therefore, I
gave the entire class extra credit.
Student work samples:
Student assessment:

I would give all students in this class the same assessment for the debate.

3
1 2 4
Students remain Students remain Students remain Students remain
off-task for over on-task for on-task for on-task for
On-task 75% of approximately approximately nearly all of
Participation
discussion time half of discussion 75% of discussion time
time discussion time
Students fail to Students address Students address
Students recall
significantly one or two law all three law detailed facts
Using facts address any law codes discussed codes on a from all three
code discussed surface level law codes
discussed
Students struggle Students can Students can Students
to form a well- reason through reason through formulate a well-
thought-out connections with connections thought-out
Quality response, even aide from teacher without much response which
reasoning
with significant aide from teacher recognizes deep
teacher and complex
prompting connections
Grade/Class: 10th grade, Civics and Economics Subject Areas: Juvenile cases

Unit topic: Civic and Criminal Law Day: Fri, April 8

Desired learning outcomes:

• Students will explain the similarities and differences between adult and juvenile trials,
and will understand why these differences exist.
• Students will analyze the effectiveness of and purpose behind the juvenile court system.

Essential questions from learning objective:

• Why and how does the judicial system treat juveniles differently than adults?

NCSCOS goal and objective:

6.08. Evaluate methods used by society to address criminal and anti-social behaviors.

Learner prior knowledge/learner background experiences:

Students will already have a decent understanding of the adult criminal court system.
They will need that to compare the adult and juvenile systems and to understand much of the
vocabulary associated with court proceedings.
Students may have varying background experiences with juvenile court. Some of them
have been arrested or put on house arrest, while others may have family members or friends who
have gone through juvenile court. This experience may not provide much technical background,
but it will give them plenty of experiential background which will encourage discussion and
stories.

Materials and resources needed:

• Juvenile Law glog – website: http://misskelley.glogster.com/juvenile-law


• Juvenile Court notes handout
• Kids Behind Bars video and video guide

Teaching strategies:

Anticipatory strategies: Describe experiences observing the school that serves as the last
step before jail. Of course, do not use names or significant details regarding the boys that were
there, but explain about the sparse furniture and items in the classroom, the limited mobility of
the students, etc. Then discuss what makes juveniles delinquents while others who may face the
same problems in life rise above it. Also explain that juvenile cases may refer to neglect cases,
not just delinquency cases.
Developmental strategies: Discuss the Juvenile Court PowerPoint. Students will be able
to fill out their notes during this slide show. When mentioning the special programs for juveniles,
refer back to the school described in the anticipatory activity. Be sure students understand that,
just because juveniles are protected in certain ways in courts, it does not prohibit them from
being charged as an adult, in certain situations. On the back of their notes, after the presentation,
students will complete the Venn diagram comparing adult and juvenile trials.

Concluding strategies: Watch Kids Behind Bars video. Students will fill out video guide
while watching. Students may discuss their opinions on the debate presented in the video
regarding the most effective way to handle juvenile criminals.

Assessment:

Students will be instructed to write a rap, poem, song, short story describing their interpretation
on what it would be like to be a juvenile involved in a trial. They must address the nature of the
trial, the alternative options for juvenile criminals, and the goal of rehabilitation. For more
sensitive individuals, like Sam, they could focus on neglect cases. However, many students
might opt to focus on delinquency cases. Students will be shown a rubric detailing what is
required.

EC accommodations/modifications to strategies or assessments:

Print out a teacher’s copy of the class notes.

Wrap-up and reflection by the students:

Students will perform a quick-write in response to the following question:

What should be the ultimate goal in a juvenile case, and what is the best means of
achieving this goal?

Reflection by the teacher:

A very important lesson I learned was that students will not pay attention to the teacher as
soon as they have a keyboard in front of them. Therefore, whatever the activity, it is most
effective to give instructions before handing out laptops. As soon as students have laptops, they
begin to get distracted logging on and thinking they know where they are supposed to go.
However, with this activity in particular, there were numerous steps I had to show them about
how to navigate through the glog. (A glog is a digital poster.) Therefore, so that I would not have
to explain the steps to each student individually, I learned that I should give thorough
instructions before students begin moving. This rule can be applied to all classroom activities:
Instruct before allowing students to move!

Despite my best efforts to make the glog clear, and to make the glog correlate directly
with the worksheet, students still struggled with what they were supposed to do. First, many had
problems spelling the web address correctly. Without a correct spelling, many students were lost
on the Glogster website. Therefore, my lesson could be improved by simply having a link to the
glog on the class website. Second, I should have given students a check list of items they needed
to have written down in their writing journals. A few of the text boxes on the glog prompted
students to respond to questions in their writing journals, but some students failed to do that.
Therefore, they might need more reinforcement to show them what exactly they need to have
written down. Finally, I should have tried harder to make the glog correlate more with the
worksheets. Unfortunately, I became limited with space and layout. Hence, I realized that I
needed to instruct students frequently on where to find information.

Students really enjoyed the Kids Behind Bars video. Again, I believe this video helps
students to analyze their beliefs on and evaluate the methods of punishing criminals, fulfilling
the NCSCOS goal. It also taught students life lessons about how their young age does not limit
them from serving serious time in adult prisons.

Behaviorally, I was able to reach some conclusions with the two problem students
encountered earlier in the unit. Again, I learned that it is important to pick battles wisely. The
male student may cause many minor disturbances in class, but he will become defensive and
belligerent if I try to correct him too much. Therefore, since he does not respond well to
confrontation, I need to limit my battles with him and seek alternate means of management. I am
trying positive reinforcement, due to his great success in the last lesson’s debate. I also learned
that it is very important to let my students know that the past is in the past, and I do not hold
mistakes against them. There was concern that the female student might be called to the office
again regarding the comments she made, but I let her know that the incident was in the past and
we can move beyond it. That seemed to immediately calm down any tension in our rapport, and I
feel like I earned her respect more by letting her know that I do not hold things against her.
Student notes:

Evan
Elijah
Elijah
Sam
Sam
Student work samples:

Evan
Elijah
I excused Sam from this assignment because he and his brother respond very poorly to violence
and tense situations. They left the room when the videos were being shown, and I did not think it
fair to require them to do an assignment, when the assignment relied on information from the
videos.
Student assessment:

Evan
Elijah

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