How To Understand The Law Of The United States

Transcription

1 Course Principles of LPSCS Unit I History and Development of Criminal Law Essential Question Where do our laws come from and how do they apply? TEKS (c) (7)(A)(B)(C) (D)(E)(F) Prior Student Learning None Estimated Time 6 hours The Making of Laws Rationale Students must understand the history of our laws and the impact that each one has on our rights as citizens of the United States. It is important to know the source of our laws, and the elements and classifications of crimes. Objectives The student will be able to: 1. Identify the sources and origins of laws in the United States. 2. Explain the impact of the United States Constitution and Bill of Rights on criminal law in regard to the rights of citizens. 3. Analyze the impact of constitutional law on the police as it relates to arrest, use of force, and search and seizures. 4. Differentiate between crimes classified as felonies or misdemeanors and the punishments for each. 5. Analyze the essential elements and classifications of a crime. 6. Identify the problems commonly associated with the enforcement of criminal laws. 7. Outline the process by which laws are enacted. Engage Give each student a Landmark Supreme Court Case Worksheet. Students will research the news using computers with internet access. They may work in pairs or individually. Students will look up each of the Supreme Court cases and match the findings of the court to the associated case. Use the Landmark U.S. Supreme Court Decisions Worksheet Key for assessment. Key Points I. Sources of Law A. Federal these laws come from the U.S. Constitution, U.S. Criminal Codes, Judicial decisions (case law), and executive orders from the President. B. State these laws come from state constitutions, state criminal codes, and common law. C. Local these laws come from city and county charters, city and county ordinances, common law, and judicial decisions interpreting codes (case law). II. Historical Origins A. The Code of Hammurabi the earliest example of legal codes governing both criminal and civil cases. 282 codes from early Babylon. B. The Magna Carta secured civil and criminal rights for English 1

2 noblemen, and is similar to America s Bill of Rights C. English Common Law unwritten, simply stated laws based on traditions and common understandings from a time when most people were illiterate D. The English Bill of Rights established certain, guaranteed freedoms of citizens III. The Bill of Rights Influence on Criminal Law A. First Amendment establishes fundamental freedoms to express oneself B. Second Amendment gives citizens the right to arm themselves and protect their property C. Fourth Amendment governs all laws relating to arrest, search and seizure, and the rights citizens have to privacy 1. The authority for arrest comes from the Code of Criminal Procedure (CCP) The elements of arrest (See Activity 1) a) Intent b) Authority c) Custody (Seizure or Detention) d) Understanding of subject 3. Levels of proof 4. Guidelines for arrest a) An arrest may be made anytime of the day or night (CCP 15.23) b) When making an arrest, all reasonable means are permitted to affect it. No greater force, however, shall be resorted to than is necessary to secure the arrest and detention of the suspect (CCP 15.24). 5. Temporary detention a) Reasonable suspicion b) Activity occurring/just occurred c) Person connected to the activity d) Limited time e) Florida v. Royer 1) Investigative detention 2) No longer than necessary 3) The scope of the detention matches the justification 6. Stops are justified if a) No fitting time or place b) Description of a wanted person c) Emotional, frightened, or intoxicated d) Running, furtive movements e) Loitering, hanging out, or acting as a look out f) Crime scene area 7. Terry Frisk a) Terry v. Ohio b) Unusual Conduct c) May be armed and dangerous 2

3 d) Protection of self and others e) Suspicion of crime and the weapon to be used f) Careful pat of outer clothing g) Alone and no backup h) Emotions or behavior of suspects 8. Search prying into hidden places for that which is concealed 9. Search warrant requirements a) Definition (CCP 18.01) b) Neutral and detached magistrate c) Probable cause or staleness d) Sworn affidavit e) Must include 1) The specific offense committed 2) The specific property to be seized 3) The property is at a place to be searched 10. Search beyond a warrant a) Protective sweep b) Prevent the destruction of evidence c) Discover more, or possible, evidence in plain view elsewhere on the property d) Hunt for evidence or contraband that, as a result of the initial search, is believed to exist in another location on the property 11. Exceptions to search warrants a) Vehicles b) Open fields c) Anything with consent d) Abandoned property e) Inventory f) Plain view 12. Searches at schools a) Backpack searches b) Locker searches c) Vehicles searches d) Strip searches e) The use of metal detectors f) The use of drug dogs g) Consent to search 13. Plain View Doctrine a) Coolidge v. New Hampshire b) The initial intrusion must be lawful or in proper position to view the property. c) The discovery must be inadvertent. d) It must be immediately apparent that the items are evidence of a crime, contraband, or subject to seizure. 14. The Exclusionary Rule (CCP 38.23) a) No evidence shall be admitted into a criminal trial that was obtained in violation of constitutional rights. b) Mapp v. Ohio 3

4 c) Illegally seized evidence could be excluded from both state and federal cases D. Fifth Amendment 1. Grand jury 2. Double jeopardy 3. Self-incrimination 4. Due process 5. Just compensation for government takings E. Sixth Amendment 1. Speedy and public trial 2. Impartial jury 3. Informed of nature and cause of the accusation 4. Confrontation of witnesses 5. Compulsory process of witnesses 6. Right to an attorney F. Eighth Amendment 1. No excessive bail 2. No excessive fines 3. No cruel and unusual punishment IV. Elements of a crime A. Actus Reus 1. The action of a person committing a crime as defined by law, the acts are voluntary, and it can be failure to act. The actus reus of some crimes does not require a bodily or physical action and can consist of verbal actions. 2. The criminal intent of a crime may be the failure to act when a legal duty to act exists. 3. Possession of an illegal or prohibited item can constitute actus reus. a) Constructive possession does not have physical or actual possession of an illegal item but exercised care, custody or control over the contraband, knowing it was illegal b) Knowing possession a person has actual possession and knows that the item is illegal. c) Mere possession a person has actual possession of an illegal item, but does not know it is illegal. B. Mens Rea 1. The state of mind and intent of a person committing the act of a crime (actus reus) a) General intent the logical outcomes associated with a criminal act b) Transferred intent a person injured another but did not intend to harm the other party. c) Constructive intent the actor did not intend to harm anyone but should have known that his or her behavior created a high risk of injury. 2. Strict liability actions do not require criminal intent to be 4

5 defined as crimes, such as parking violations C. Inchoate Offenses 1. Solicitation the incomplete crime: urging, requesting, or commanding another person to commit a crime 2. Conspiracy a criminal act requiring no action other than communication 3. Attempt a criminal act amounting to more than mere preparation V. Classification of Crimes A. Misdemeanor less serious criminal conduct punishable by incarceration for less than one year 1. Class C up to a $500 fine (ticket) 2. Cannot be arrested for a) Speeding b) Open Container 3. Class B up to 180 days in jail and a $2,000 fine 4. Class A up to 2 years in jail and a $4,000 fine B. Felonies 1. State Jail (SJF) 180 days-2 years and a $10,000 fine 2. 3rd degree 2-10 years in prison and a $10,000 fine 3. 2nd degree 2-20 years in prison and a $10,000 fine 4. 1st degree 5-99 years in prison and a $10,000 fine 5. Capital death or life without parole C. Crimes Against Persons crimes that target a person as a victim of the crime 1. Homicide 2. Robbery 3. Sexual Assault 4. Assault D. Crimes Against Habitations crimes associated with one s dwelling or associated building 1. Burglary 2. Arson 3. Criminal trespass E. Crimes Against Property crimes associated with one s belongings 1. Theft 2. Forgery 3. Fraud 4. Criminal Mischief 5. Reckless Damage 6. Graffiti 7. Unauthorized Use of a Motor vehicle F. Crimes Against Public Order 1. Public Intoxication 2. Disorderly Conduct 3. Riot 4. Harassment 5. Cruelty to Animals 5

6 6. Dog Fighting G. Crimes Against Public Morals 1. Prostitution 2. Possession of child pornography 3. Gambling 4. Driving while intoxicated 5. Engaging in organized crime H. Problems with enforcement the justice system is overseen by laws which we are to follow. Such laws can come from court procedures, rules of evidence, and police procedures. I. Rules of Evidence stipulate the requirements for introducing evidence, and define the qualifications of an expert witness and the nature of the testimony he or she might give J. Exclusionary Rule prohibits the use of evidence or testimony obtained in violation of the U.S. Constitution K. Fruit of the Poisoned Tree Doctrine extends the exclusionary rule to secondary evidence obtained indirectly in an unconstitutional search VI. Procedures for Enacting Laws A. The idea is formatted in the written form of a Bill. B. The Bill is sent to a congressional committee. C. The Bill goes to the House for a vote; if it does not pass, it dies. D. If the Bill passes the House vote, it proceeds to the Senate. E. The Senate passes the Bill. F. The bill is sent to the President for a signature. G. If the President fails to sign, the Bill goes back to the committee. H. If the President signs the Bill, it becomes law. Activities 1. Do an Internet search for the following: video arrested Texas style. Watch the video and discuss the elements of arrest and how they apply to this video. Use the Discussion Rubric for assessment. 2. Partner the students and allow each pair time on a computer with internet access. Assign the students one of the offenses listed above (See V, C -G). You may have to assign more than one group the same offense depending on the number of students. Have each group complete the project to teach their law to the class. Students may choose any of the options for their project format listed on the project sheet. Encourage the students to be creative so that their classmates will remember each law being taught (this will take more than one class period). Use the Penal Code Project Rubric to assess the students work. Assessments The Making of Laws Exam and Key Penal Code Project Rubric Discussion Rubric 6

7 Individual Work Rubric Presentation Rubric Materials The Making of Laws computer-based presentation Landmark Supreme Court Cases Worksheet and Key Penal Code Project Sheet Alternative Project Options Computers with Internet access Art Supplies Resources Texas Penal Code Bill of Rights Accommodations for Learning Differences For reinforcement, students will find articles in the newspaper or online that list charges filed on a suspect, and then categorize the crimes by type (crimes against persons, crimes against habitations, etc.). Use the Individual Work Rubric for assessment. For enrichment, have the students read Chapter 14 and 15 in the Code of Criminal Procedures, and list requirements for both arrest warrants and search warrants. They should also identify when a warrant is needed and when it is not. Use the Individual Work Rubric for assessment. 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: (A) Identify the sources and origin of law in the United States (B) Explain the impact of the United States Constitution and Bill of Rights on criminal law in regard to the rights of citizens (C) Differentiate between crimes classified as felonies and misdemeanors and the punishment for each (D) Analyze the essential elements and classifications of a crime (E) Identify the problems commonly associated with the enforcement of criminal laws; and (F) Outline the process by which laws are enacted College and Career Readiness Standards English Language Arts V. Research A. Formulate topic and questions 2. Explore a research topic. 3. Synthesize and organize information effectively. C. Produce and design a document. 7

8 1. Design and present an effective product. 8

9 Name: Date: Landmark U.S. Supreme Court Decisions Worksheet Landmark cases of the United States Supreme Court have had a profound effect on law enforcement. Place the letter best representing the effect in the blank next to the court case. 1. Terry v. Ohio A. Evaluate the reliability or credibility of an informant at the arrest-search level 2. Miranda v. Arizona B. Lack of factual basis for probable cause in the issuance of a search warrant 3. Mapp v. Ohio C. Due process 4. Escobedo v. Illinois D. The Exclusionary Rule 5. Chimel v. California E. Scope of search incidental to arrest 6. Aguilar v. Texas F. Right to counsel 7. Draper v. U.S. G. Warning given to person under arrest 8. In Re Gault H. Stop and frisk 9

10 Landmark U.S. Supreme Court Decisions Worksheet Key 1. H 2. G 3. D 4. F 5. E 6. A 7. B 8. C 10

11 Name: Date: Penal Code Project Select one of the options below. Fill in the blanks with the information requested. Then cut or tear along the dotted line. Turn in the top half of the page. Keep the bottom half for your reference. Option 1 1. Select a law from the Texas Penal Code 2. Design a poster that represents all aspects and covers all elements of your law 3. Use your poster to teach your law to the class Option 2 1. Select a law from the Texas Penal Code 2. Chose and design one of the alternate projects 3. Receive two grades instead of one if you choose one of the alternative projects Selected law: Project option selected: Option 1 Option 2 Date due: Signature:... Selected law: Selected project: Date due: 11

12 Alternative Project Options Advertisement Animated Movie Art Gallery Bumper Sticker Choral Reading Clay Sculpture Collection Comic Strip Computer Program Costumes Crossword Puzzle Dance Debate Demonstration Detailed Illustration Diary Diorama Edibles Editorial Essays Etching Experiment Fairy Tale Fiction Story Film Film Strip Game Illustrated Story Interview Jingle Joke Book Journal Large Scale Drawing Learning Center Letter to Editor Mazes Mosaic Mural Museum Exhibit Needlework Newspaper Story Non-Fiction Painting Pamphlet Pantomime Paper Mache Photo Essay Picture Story for Children Pictures Plaster of Paris Model Play Poetry Political Cartoon Pop-up Book Postage Stamp Commemoratives Press Conference Project Cube Puppet Puppet Show Puzzle Radio Program Rap Riddle Role Play Science Fiction Story Sculpture Skit Slide Show Slogan Song Story Telling Tapes-Audio/Video Television Program Timeline Travel Brochure T-shirt Design Video Film Web Home Page 12

13 Name: Date: The Making of Laws Exam 1. Which of the following four is not an element of arrest? a. Use of Force b. Authority c. Taking into Custody d. Suspect understands they are arrested 2. Which of the following Supreme Court cases says if an apparent item of contraband is in plain view, it may be seized? a. Florida v. Royer b. Mapp v. Ohio c. Coolidge v. New Hampshire d. Terry v. Ohio 3. If a protective sweep is completed, and contraband not listed on the search warrant is found in plain view in a room not listed on the search warrant, the item may be seized and charges can be filed. a. True b. False 4. The Exclusionary Rule developed out of which Supreme Court case? a. Florida v. Royer b. Mapp v. Ohio c. Terry v. Ohio d. Coolidge v. New Hampshire 5. Sheila and Jan have T-shirts made that reflect their beliefs about breast cancer. Which 1 st amendment right are they exercising? a. Religion b. Press c. Speech d. Petition 6. In which of the following locations can a person with a concealed handgun license legally carry their gun? a. Within 1,000 feet of a place of execution b. A school sporting event c. A Federal Court Building d. Their place of business 7. A person who is found with a loaded weapon in the seat next to them is in violation of what offense? a. Places weapons prohibited b. No offense c. Unlawfully carrying a weapon d. Felon in possession of weapon 13

14 8. Places weapons prohibited are what level of offense? a. Class A b. Class B c. Felony 3 d. State Jail Felony 9. Unlawfully carrying a weapon is what level of offense? a. Class A b. Class B c. State Jail Felony d. 3 rd Degree Felony 10. The Bill of Rights is the first ten amendments of the U.S. Constitution. a. True b. False 11. What is the level of proof required for an arrest? a. Beyond a reasonable doubt b. Probable Cause c. Reasonable suspicion d. Clear and convincing 12. Which of the following is not an element of arrest? a. Understanding of subject that they are arrested b. Officers authority to make the arrest c. Person must be taken into custody d. Frisk performed by officer 13. A stop is justified in all circumstances except. a. An officer doesn t like the way you look b. Suspect fits the description of a wanted person c. Suspect is present in a crime scene area d. Suspect is running away 14. Which Supreme Court case gives officers the right to Frisk a person they have legally detained, if the officer believes the person has a weapon? a. Florida v. Royer b. Terry v. Ohio c. Coolidge v. New Hampshire d. Mapp v. Ohio 15. Which Supreme Court case found that officers may detain you only as long as necessary to complete their investigation? a. Terry v. Ohio b. Coolidge v. New Hampshire c. Florida v. Royer d. Mapp v. Ohio 16. A Search Warrant may be issued if the officer has reasonable suspicion. a. True b. False 14

15 17. A Search Warrant must describe the place to be searched and the property to be seized. a. True b. False 18. What level of proof does an administrator at your school have to have in order to search you or your property? a. Mere Hunch b. Probable Cause c. Don t need any proof, you are at school d. Reasonable Suspicion 19. Police officers at a school campus must have what level of proof for a search? a. Don t need any, their the POLICE b. Reasonable suspicion c. Probable Cause d. Mere Hunch 20. Which Supreme Court case holds that evidence that is obtained in an illegal search can be excluded from both State and Federal cases? a. Mapp v. Ohio b. Terry v. Ohio c. Florida v. Royer d. Coolidge v. New Hampshire 21. A search of a person or immediate area of control can legally be conducted after an arrest. a. True b. False 22. Johnny commits a Possession of Prohibited Weapon, which is a Class A offense. He can be sentenced to what penalty? a. 2 yrs/$4,000 fine b. 180 days/$500 fine c. 2 yrs/$2,000 fine d. 180 days/$2,000 fine 23. Rachel receives a ticket for speeding. Can Rachel be arrested? a. Yes b. No 24. Jason is serving a State Jail sentence for theft of livestock ($1,500-$5,000). What is the punishment range that Jason can be sentenced to? a yrs b. 1 yr c. 180 days-2 yrs d. None, Jason can receive probation 25. What is the punishment for a Class C ticket? 15

16 a. $500 fine/30 days in jail b. $500 fine only c. $2,000 fine/180 days jail d. None of the above 26. Gerard has a baggie of less than 2 oz of marijuana in his pocket. He is charged with a Class B offense for possession. What might his punishment be? a. 2 yrs/$4,000 fine b. 2 yrs/$2,000 fine c. 180 days/$4,000 fine d. 180 days/$2,000 fine 27. What is the punishment for a 1 st degree felony? a yrs/$10k fine b yrs/#10k fine c yrs/$10k fine d. Death 28. What is the punishment for a 2 nd degree Felony? a yrs/$10k fine b yrs/$10k fine c yrs/$10k fine d. Death 29. What is the punishment for a 3 rd degree felony? a yrs/$10k fine b yrs/$10k fine c yrs/$10k fine d. Death 30. Which is not an inchoate offense as defined under Texas Penal Code? a. Solicitation b. Attempt c. Intentionality d. Conspiracy Match the correct Amendment with the appropriate statement. a. 1 st Amendment b. 2 nd Amendment c. 4 th Amendment d. 5 th Amendment e. 6 th Amendment f. 8 th Amendment 16

17 31. Protection against unreasonable searches and seizures 32. Freedom of expression 33. Right to bear arms 34. Protection against double jeopardy 35. Miranda rights 36. Protects against arrests without probable cause 37. Right to be tried by an impartial jury 38. Prohibits excessive fines and bail 39. Right to a public and speedy trial 40. Prohibits cruel and usual punishment 17

18 The Making of Laws Exam Key 1. A 2. C 3. A 4. B 5. C 6. D 7. C 8. C 9. A 10. A 11. B 12. D 13. A 14. B 15. C 16. B 17. A 18. D 19. B 20. A 21. A 22. A 23. B 24. C 25. B 26. D 27. C 28. B 29. A 30. C 31. C 32. A 33. B 34. D 35. D 36. C 37. E 38. F 39. E 40. F 18

19 Name Date Components Required Elements Knowledge Gained Attractiveness Originality and Creativity 9-10 points Excellent The project includes all required elements of offense as well as additional information Student can accurately answer all questions related to the facts and processes used to create project The project is exceptionally attractive in terms of design, layout, and neatness The student designed a project that reflects new & unique ideas or presentation methods Penal Code Project Rubric 6-8 points Good All required elements are included in the project Student can accurately answer most questions related to facts in the project and processes used to create the project The project is attractive in terms of design, layout, and neatness The student designed a project that is somewhat unique in design, but doesn't reflect new ideas 3-5 points Needs Some Improvement All but one of the required elements of the offense are included in the project Student can accurately answer about 50% of the questions related to facts in the project and processes used to create project The project is acceptably attractive, though it may be a bit messy The student designed a project that was lacking unique design elements and presented no new ideas 0-1 points Needs Much Improvement Several required elements of the offense are missing Student appears to have insufficient knowledge about the facts and processes used in the project The project is distractingly messy or very poorly designed. It is not attractive. The student presented material that was not his or her own, and did not document the source Pts. Total Points Comments: 19

20 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: 20

21 Name Date Objectives Follows directions Student completed the work as directed, following the directions given, in order and to the level of quality indicated Individual Work Rubric 4 pts. Excellent 3 pts. Good 2 pts. Needs Some Improvement 1 pt. Needs Much Improvement N/A Pts. Time management Student used time wisely and remained on task 100% of the time Organization Student kept notes and materials in a neat, legible, and organized manner. Information was readily retrieved Evidence of learning Student documented information in his or her own words and can accurately answer questions related to the information retrieved *Research/Gathering information (if relevant) Student used a variety of methods and sources to gather information. Student took notes while gathering information Total Points (20 pts.) Comments: 21

22 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: 22