Course Principles of LPSCS. Unit I History and Development of Criminal Law

Transcription

1 Course Principles of LPSCS Unit I History and Development of Criminal Law Essential Question What constitutional rights do citizens have during a criminal trial? TEKS (c) (7)(B) Prior Student Learning Familiarization with the Bill of Rights Estimated time 1 to 3 hours Constitutional Issues during Criminal Trials Rationale As the "highest law of the land," the Constitution remains the most important guide to all parts of government, including criminal trials. This lesson will help students understand constitutional rights and issues during criminal trials. Objectives The students will be able to: 1. Define terms associated with the lesson. 2. Identify which amendments apply to criminal trials. 3. Discuss the amendments involved in the U.S. Constitution. 4. Explain how the U.S. Constitution affects the trial process. 5. Analyze the amendments that affect the trial process. Engage Use the following case study and questions for discussion: Paul Warner Powell, of Virginia was tried for murder and given a life sentence in the first trial. Later he wrote a letter to the attorney who prosecuted him explaining new details related to the crime, including the attempted rape of the victim. The attorney was granted a second trial to seek the death penalty. The defendant was given the death penalty and was eventually executed. For more information, read the full article here: Why was the prosecutor granted a second trial? Why is that not double jeopardy? Do you think this was double jeopardy? Why or Why not? Key Points I. Key Terms A. United States Constitution The official document that is the basis of government and law in the United States. It was written in 1787, and ratified in Many amendments have been added since then. B. Bill of Rights The first ten amendments of the United States Constitution. C. Due Process The constitutional rights of citizens against government actions that threaten the denial of life, liberty, or property. In criminal cases, arrests and trials must meet certain minimum standards of fairness, and laws cannot violate constitutional rights. D. Probable Cause The standard used to determine whether a crime has been committed and whether there is sufficient evidence to believe that a specific person committed it. E. Search Warrant Issued by a magistrate when he or she has been presented with sufficient and convincing evidence that a crime has been committed, and that the place to be searched contains seizable evidence related to the matter. (A few exceptions apply.) F. Grand Jury A group of citizens who hear testimony in closed session and 1

2 decide whether to issue a criminal indictment. G. Jury A group of citizens selected according to law, sworn to inquire about certain matters of fact, and who declare the truth about the evidence presented to them. H. Double Jeopardy Successive prosecution of a defendant for the same offense by the same jurisdiction. I. Right against self-incrimination Taking the 5 th. The right not to answer questions that would tend to be self-incriminating. J. Counsel A lawyer who represents a party in a legal matter. K. Witness A person whose declaration under oath (testimony) is received as evidence, has personal knowledge of a fact as perceived by or through any of his or her senses, and is then able to communicate this information or knowledge. L. Bail An amount of money specified by a judge to be posted as a condition for freedom from jail between the time of arrest and trial. Intended to make sure the defendant is present at his or her trial. M. Trial A judicial proceeding where testimony is offered before a judge sitting without a jury, or a judge sitting with a jury, where issues of fact and law are determined. N. Sentence The imposition of a penalty upon a person convicted of a crime. II. Significant Constitutional Amendments A. Amendment IV 1. Probable cause 2. Search warrant 3. Unreasonable Searches and Seizures B. Amendment V 1. Grand jury 2. Double jeopardy 3. Self incrimination 4. Due Process C. Amendment VI 1. Criminal Prosecutions 2. Jury Trial 3. Speedy and Public Trial 4. Right to Counsel 5. Right to confront witness D. Amendment VII 1. Jury trial E. Amendment VIII 1. Excess Bail or Fines 2. Cruel and unusual punishments F. Amendments XIV 1. Privileges and Immunities 2. Due Process 3. Equal Protection 2

3 III. Constitutional Effects on Criminal Trials A. Amendment IV The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. B. Amendment V No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall any person be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation. C. Amendment VI In all criminal prosecutions the accused shall enjoy the right to a speedy and public trial by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor; and to have the assistance of counsel for his defense. D. Amendment VII In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise reexamined in any court of the United States, other than according to the rules of the common law. E. Amendment VIII Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. F. Amendment XIV No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. IV. Significance of Trial A. The right to trial by a jury of one s peers is a cornerstone of the individual freedoms guaranteed by the U.S. Constitution s Bill of Rights. B. In a criminal case, trial by jury places twelve citizens between the power of the government and the rights of the accused. C. The government cannot take away someone s right to life, liberty, or property until it has convinced those twelve citizens of that person s guilt beyond a reasonable doubt. 3

4 D. In a civil (or non-criminal) case, the jury represents the community s conscience and common sense in resolving disputes. E. Trial by jury is also a vital part of our democracy. Besides voting, nothing is so active and participatory in nature. F. Thomas Jefferson described trial by jury as the only anchor ever yet imagined by man, by which a government can be held to the principles of its constitution. Activities 1. Students are to complete the Constitutional Issues during Criminal Trials Puzzle handout to reinforce key terms. 2. Have students read the Amendments of the U.S. Constitution that apply to the trial process. Analyze those Amendments. Be prepared to discuss with the class their thoughts of each Amendment. 3. Divide up into teams. Write or print each significant Amendment on a small piece of paper. Have each team choose a piece of paper. Give each team a piece of poster board on which they are to highlight significant portions of the Amendment they chose, and how it pertains to criminal trials. Be prepared to present to the class. Assessments Constitutional Issues During Criminal Trials Quiz Discussion Rubric Presentation Rubric Materials Constitutional Issues During Criminal Trials PowerPoint Constitutional Issues During Criminal Trials Key Terms handout Constitutional Issues During Criminal Trials Puzzle handout Poster board Slips of paper with significant Amendments printed on each Markers Resources The United States Bill of Rights The Courts and Criminal Procedure, Instructional Materials Service, Trade and Industry Education Criminal Courts: Structure, Process, & Issues (2nd Edition), Dean John Champion, Richard D. Hartley, & Gary A. Rabe Our Rights (1st Edition), David Bodenhamer The Annenberg Classroom FindLaw 4

5 Justice Learning Accommodations for Learning Differences For reinforcement, students will list terms and explain which significant Amendment applies to each term. For enrichment, students will research specific court cases that dealt with the issues in the significant Amendments discussed. State Education Standards Texas Essential Knowledge and Skills for Career and Technical Education Principles of Law, Public Safety, Corrections and Security (One-Half to One Credit) (7) The student understands the historical and philosophical development of criminal law. The student is expected to: (B) explain the impact of the United States Constitution and Bill of Rights on criminal law in regard to the rights of citizens. College and Career Readiness Standards Cross-disciplinary Standards I. Key Cognitive Skills D. Academic Behaviors 3. Strive for accuracy and precision. 5

6 Constitutional Issues during Criminal Trials Key Terms A. United States Constitution The official document that is the basis of government and law in the United States. It was written in 1787, and ratified in Many amendments have been added since then. B. Bill of Rights The first ten amendments of the United States Constitution. C. Due Process The constitutional rights of citizens against government actions that threaten the denial of life, liberty, or property. In criminal cases, arrests and trials must meet certain minimum standards of fairness and laws cannot violate constitutional rights. D. Probable Cause The standard used to determine whether a crime has been committed and whether there is sufficient evidence to believe that a specific person committed it. E. Search Warrant Issued by a magistrate when he or she has been presented with sufficient and convincing evidence that a crime has been committed and that the place to be searched contains seizable evidence related to the matter. (A few exceptions apply.) F. Grand Jury A group of citizens who hear testimony in closed session and decide whether to issue a criminal indictment. G. Jury A group of citizens selected according to law, sworn to inquire about certain matters of fact, and who declare the truth about the evidence presented to them. H. Double Jeopardy Successive prosecution of a defendant for the same offense by the same jurisdiction. I. Right against self-incrimination Taking the 5 th. The right not to answer questions that would tend to be self-incriminating. J. Counsel A lawyer who represents a party in a legal matter. K. Witness A person whose declaration under oath (testimony) is received as evidence; has personal knowledge of a fact as perceived by or through any of his/her senses and is then able to communicate this information or knowledge. L. Bail An amount of money specified by a judge to be posted as a condition for freedom from jail between the time of arrest and trial. Intended to make sure the defendant is present at his or her trial. M. Trial A judicial proceeding where testimony is offered before a judge sitting without a jury, or a judge sitting with a jury, where issues of fact and law are determined. N. Sentence The imposition of a penalty upon a person convicted of a crime. 6

7 Name: Date: Constitutional Issues during Criminal Trials Puzzle Directions: Unscramble each of the clue words. Copy the letters in the numbered cells to other cells with the same number. 7

8 Bill of Rights Due Process Probable Cause Search Warrant Grand Jury Jury Double Jeopardy Self-incrimination Counsel Witness Bail Trial Sentence Constitutional Issues during Criminal Trials Puzzle Key United States Constitution 8

9 Name: Date: Constitutional Issues during Criminal Trials Quiz 1. The Bill of Rights is made up of Amendments. a b c d A group of citizens who hear testimony in closed session and decide whether to issue a criminal indictment is called what? a. Witnesses b. Jury c. Counsel d. Grand Jury 3. Which of these is not an imposition of a penalty upon a person convicted of a crime? a. Prison time b. Fine c. Bail d. Capital punishment 4. The Fourth Amendment protects us from which of the following? a. Testifying against ourselves b. Getting caught committing a crime c. Unreasonable searches and seizures d. Seizing our private property 5. Which of the following is not one of the rights of the accused protected by the Fifth Amendment? a. Protection against self-incrimination b. Protection against double jeopardy c. You cannot have life, liberty, or property taken away without due process of law d. Protection against excessive bail 6. The Eighth Amendment focuses on which of the following? a. Getting caught committing a crime b. Excessive bail c. Religion d. Speedy trial 9

10 7. The Sixth Amendment protects us from what? a. Getting caught committing a crime b. Excessive bail c. Religion d. Delayed trial 8. Trial by jury applies to which amendment? a. Second b. Third c. Fifth d. Seventh 9. The Fourth Amendment applies to which of the following? a. Due Process b. Religion c. Bail d. Speedy trial 10

11 Constitutional Issues during Criminal Trial Quiz Key 1. C 2. D 3. C 4. C 5. D 6. B 7. D 8. D 9. A 11

12 Name Date Objectives 4 pts. Excellent Discussion Rubric 3 pts. Good 2 pts. Needs Some Improvement 1 pt. Needs Much Improvement N/A Pts. Participates in group discussion Encourages others to join the conversation Keeps the discussion progressing to achieve goals Shares thoughts actively while offering helpful recommendations to others Gives credit to others for their ideas Respects the opinions of others Involves others by asking questions or requesting input Expresses thoughts and ideas clearly and effectively Total Points (32 pts.) Comments: 12

13 Name: Date: Presentation Rubric Objectives Topic/Content Topic discussed completely and in-depth Includes properly cited sources (if used) Creativity/Neatness Integrates a variety of multimedia effects to create a professional presentation (transition and graphics) or appropriate visual aid used Title slide, table of contents, bibliography are included, using acceptable format Mechanics Grammar, spelling, punctuation, and capitalization are correct Image and font size are legible to the entire audience Oral Presentation Communicates with enthusiasm and eye contact Voice delivery and projection are dynamic and audible Audience Interaction Presentation holds audience s attention and relates a clear message Clearly and effectively communicates the content throughout the presentation 4 pts. Excellent 3 pts. Good 2 pts. Needs Some Improvement 1 pt. Needs Much Improvement N/A Pts. Total Points (20 pts.) Comments: 13