Use the Discussion Rubric for assessment.

Transcription

1 Course Court Systems and Practices Unit VI Crime Classifications Essential Question What are legal reasons for an accused person to either avoid criminal liability or receive a lesser sentence? TEKS (c) (1)(F) Prior Student Learning Familiarization with elements of crimes and actus reus & mens rea. Estimated Time 2 to 6 hours Defenses to Criminal Prosecution Rationale Upon completion of this assignment, the student will be able to comprehend various criminal defenses against prosecution, as defined within the Texas Penal Code and the Texas Code of Criminal Procedure. This is an important element in the court system. Objectives The student will be able to: 1. Discuss the various types of prosecution 2. List various defenses to prosecution 3. Describe who can use these defenses 4. Demonstrate the ability and knowledge of applying the information to the actual applications of the law Engage Use the following information for a class discussion. For almost every imaginable crime there are an equal number of defenses available. These help the accused either avoid prosecution or enter a plea that will facilitate the introduction of a plea of nolo contendre, or plea for a crime with a lesser penalty. In many cases such defenses to prosecution are justifiable, such as in the battered woman syndrome. Questions to consider: Did the woman use just enough force to stop the assault or probable assault against her? Did she have knowledge beforehand that would lead a normal, prudent person to leave the situation entirely? In other cases, such as those with a defendant with Post Traumatic Stress Disorder (PTSD), the questions concerning a normal, prudent person are difficult to apply because a combat veteran is not a normal, prudent person. That is not to say that a veteran is not a normal person. It simply means that a combat veteran has experienced events and horrors that normal people will never experience in an entire lifetime. Also, the veteran is trained to react in a certain physical manner towards certain situations, during which a normal person would simply dial 911 for resolution. Use the Discussion Rubric for assessment. Key Points I. Describe various types of prosecution A. Violations 1. Types 2. Punishments B. Misdemeanors 1. Types/Class 2. Punishments 1

2 C. Felonies 1. Types/Degree 2. Punishments II. Various criminal defenses and who are eligible to use each defense A. Personal Defenses for Women 1. Battered Woman Syndrome a) History of abuse b) Fear of injury c) Victim s history of abusing 2. Pre-Menstrual Syndrome (PMS) defense a) Similar to temporary insanity b) Used in Europe, not in U.S. yet B. Defenses for Veterans 1. Post Traumatic Stress Disorder (PTSD) defense a) Based on 1) Traumatic combat experience 2) The relation of their combat experience to their present actions C. Juvenile/Age/Infancy 1. Juvenile is defined in the State of Texas as any child not older than 16 years of age and not younger than 10 years of age. 2. A juvenile delinquent has either broken a penal code law or is a child with conduct in need of supervision. 3. Cases are treated as civil offenses 4. Records are sealed when the child is 17 years of age, unless the child s criminal record continues up to and beyond the age of A court order is required to open sealed records. 6. When a child is Taken into Custody a) Transported, without delay, to a Juvenile Processing Office b) Taken before a Magistrate and given a Magistrate s warning 1) The child is advised of his or her rights. 2) The charges against him or her are explained. a) Given an opportunity to give a written or oral statement to law enforcement (if the child chooses to) b) Fingerprinted and photographed (Both fingerprints and photos are destroyed within one year of the date of the offense, unless further criminal activity occurs) c) Released to their parents or guardians, or turned over to Juvenile Probation for further processing D. Duress 1. Coerced to commit a crime 2. criminal history 3. In fear of bodily injury E. Entrapment 1. Law enforcement sets up an enticement 2. Offender does not have a record of similar offenses 2

3 F. Irresistible Impulse 1. Lack of self-control 2. Another action triggers the impulse G. Public Duty Defense 1. Action in the line of duty 2. Action in the legal defense of another H. Necessity Defense 1. Committed crime to avoid a greater evil 2. other reasonable alternatives I. Accidental Defense 1. t a premeditated action 2. desire to harm anyone J. Self-Defense 1. Justifiable against unjustifiable force 2. Only necessary force was used 3. Force stopped when the other stopped his or her assault K. The Durham Rule 1. Temporary insanity 2. A normal, prudent person may have responded in same way L. The M Naughten Rule 1. Incapable of discerning right from wrong 2. Mental capability, or the lack of, is proven in court 3. The jury agrees Activities Assign students one of the criminal defenses discussed. While working independently, they will research that defense to determine the elements/requirements needed to prove the defense. Work with students on an individual basis to revise their research and establish the amount of student, research time. Upon completion of all research, place the students in teams, categorized by criminal defense(s). The teams will create hypothetical situations of the various criminal defenses, portraying their comprehension. Each team will present their criminal defense to the rest of the class. Each presentation will include the definition of their criminal defense, the elements required to prove such a defense in court, and the team s hypothetical situations. The teams may choose their own methods to present to the class (Ex: computer-based presentation, poster, handouts, etc.), but should act out the situations. Establish the amount of time for the presentation. Use the following rubrics as needed for assessment: Peer Evaluation Rubric, Presentation Rubric, and the Role Play Rubric. Assessments Criminal Defenses Exam and Key Peer Evaluation Rubric Discussion Rubric Individual Work Rubric Presentation Rubric Research Rubric 3

4 Role Play Rubric Materials Criminal Defenses computer-based presentation Computers with Internet access Presentation materials or computer-based presentation software Resources Texas Code of Criminal Procedure and Texas State Penal Code Battered Woman Syndrome Defense PTSD in the Forensic Setting Supreme Court Case: The State Of Washington v. Joseph Henry Maish Entrapment and Due Process Do an Internet search for the following: Review journal killer s mental illness recedes Defense Witness Calls Death of Cop's Wife Accidental TPI Crim Accommodations for Learning Differences For reinforcement, the students will list specific criminal defenses and explain who can claim such a defense, and under what circumstances. Use the Individual Work Rubric for assessment. For enrichment, the students will research recent court cases where criminal defenses were claimed, will give a summary of the court cases, and will give the outcome of each court case. Use the Research Rubric for assessment. State Education Standards Texas Essential Knowledge and Skills for Career and Technical Education Court Systems and Practices (One to Two Credits). (1) The student examines the structure of the legal system in the United States. The student is expected to: (F) identify the differences in processing a misdemeanor and felony case. College and Career Readiness Standards Social Studies Standards IV. Analysis, Synthesis, and Evaluation of Information D. Reaching conclusions 1. Construct a thesis that is supported by evidence. 2. Recognize and evaluate counter-arguments. 4

5 Name: Date: Criminal Defenses Exam 1) Misdemeanors are worse crimes than felonies. 2) If you claim accidental defense, you had no desire to harm anyone. 3) If the Defendant claims a legal criminal defense, it is up to the Prosecutor to prove such defense. 4) Juveniles can never be tried as an adult. 5) All veterans of war can claim PTSD if ever accused of committing a crime. 6) A person comes at you with a knife. You grab a nearby baseball bat and swing it at the attacker s head. The force of the blow kills the attacker immediately. You can claim self-defense when accused of murder. 7) Duress is when you are coerced or forced by another person to commit a crime. 8) You may claim entrapment as a defense when it is impossible to control your conduct. 9) Any law-abiding citizen can claim public duty defense. 10) The M Naughten Rule applies to a temporary insanity defense. 5

6 11) An illegal act that is less serious than a misdemeanor, and may carry the punishment of only a fine or suspension of privileges, is a? A) Felony B) Class A Misdemeanor C) Violation D) Obstruction of Justice 12) What are the crimes for which one can receive a punishment of 1 year or less in a state prison or county jail? A) Felonies B) Misdemeanors C) Violations D) Blue laws 13) Battered Woman Syndrome Defense can be claimed if, based on a previous history of abuse from the actor, the victim acted out of fear of from a probable assault by the actor. A) bodily injury B) serious bodily injury C) death D) All of the above 14) PTSD stands for. A) Post Traumatic Stress Disorder B) Police Training and Security Department C) Prosecutor s Testimonial Suspect Defense D) Pre-Trial Sentencing Deliberations 15) Once a juvenile turns 17, his/her criminal records are sealed and cannot be opened. A) for the rest of his/her life B) unless he/she commits another crime C) unless his/her parents make such a request D) without a court order 16) Prior to entering your bank, a man grabs you and points a gun into your ribs. He tells you that he will kill you unless you walk into the bank and hand the teller a note requesting that all of the bank s money be placed in a bag, or else the teller will be shot. With the gun stuck in your side, you commit bank robbery. You can claim which of the following defenses? A) Irresistible Impulse B) Entrapment C) Temporary Insanity D) Duress 6

7 17) Which of the following scenarios could you assert the Necessity defense? A) Two days after Hurricane Katrina, a man is walking through waist-deep water. He is carrying a 25 Plasma TV that he took from one of the damaged businesses. He is later charged with theft. B) Two days after Hurricane Katrina with no help in sight, a woman takes baby formula from a closed grocery store in which others had broken through the doors. Her six-week-old baby has become dehydrated and lethargic. She feeds him the formula since he has not had anything to eat or drink in three days. She is later charged with theft. C) After Hurricane Katrina, a woman shoots a man inside of the Superdome. She claims that he verbally abused her and her children. She is later charged with murder. D) Prior to Hurricane Katrina, a man carjacks a couple in order to escape the impending weather. He is later charged with auto theft. 18) A man is holding a young baby hostage. The man appears in a window holding a pistol at the baby s head. A police officer shoots and kills the man. Which of the following is the best criminal defense for the officer to claim? A) Self-Defense B) Self-Defense of Another C) Public Duty Defense D) All of the above 19) Accidental Defense can be claimed if. A) You had a lack of self-control B) You committed the crime to avoid a greater evil C) You accidentally pulled the trigger of a gun you were pointing at someone as a threat D) ne of the above 20) What can be used at trial to prove a claimed defense to a crime? A) Expert opinion B) Evidence C) Testimony D) All of the above 7

8 Criminal Defenses Exam Key 1. B 2. A 3. B 4. B 5. B 6. A 7. A 8. B 9. B 10. B 11. C 12. B 13. D 14. A 15. D 16. D 17. B 18. C 19. D 20. D 8

9 Your Name Your Group Number Peer Evaluation 1) Name of Student At what level of seriousness did they take this activity? t Very Serious Very Serious Did they make a significant contribution to the brainstorming process? Did they make a significant contribution to preparing for the skit? What was the level of their participation in the skit(s)? ne A Lot Would you want to work with this person in a group again based on their level of productivity? Total Score 2) Name of Student At what level of seriousness did they take this activity? t Very Serious Very Serious Did they make a significant contribution to the brainstorming process? Did they make a significant contribution to preparing for the skit? What was the level of their participation in the skit(s)? ne A Lot Would you want to work with this person in a group again based on their level of productivity? Total Score 9

10 3) Name of Student At what level of seriousness did they take this activity? t Very Serious Very Serious Did they make a significant contribution to the brainstorming process? Did they make a significant contribution to preparing for the skit? What was the level of their participation in the skit(s)? ne A Lot Would you want to work with this person in a group again based on their level of productivity? Total Score 4) Name of Student At what level of seriousness did they take this activity? t Very Serious Very Serious Did they make a significant contribution to the brainstorming process? Did they make a significant contribution to preparing for the skit? What was the level of their participation in the skit(s)? ne A Lot Would you want to work with this person in a group again based on their level of productivity? Total Score 10

11 5) Name of Student At what level of seriousness did they take this activity? t Very Serious Very Serious Did they make a significant contribution to the brainstorming process? Did they make a significant contribution to preparing for the skit? What was the level of their participation in the skit(s)? ne A Lot Would you want to work with this person in a group again based on their level of productivity? Total Score 6) Name of Student At what level of seriousness did they take this activity? t Very Serious Very Serious Did they make a significant contribution to the brainstorming process? Did they make a significant contribution to preparing for the skit? What was the level of their participation in the skit(s)? ne A Lot Would you want to work with this person in a group again based on their level of productivity? Total Score 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 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: 13

14 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: 14

15 Name Date Objectives Question/goal Student identified and communicated a question or goal of the research 4 pts. Excellent Research Rubric 3 pts. Good 2 pts. Needs Some Improvement 1 pt. Needs Much Improvement N/A Pts. Research/Gathering information (if relevant) Student used a variety of methods and sources to gather information. Student took notes while gathering information Conclusion/Summary Student drew insightful conclusions and observations from the information gathered. Information is organized in a logical manner Communication Student communicated the information gathered and summary or conclusions persuasively. Student demonstrated skill in the use of media used to communicate the results of research Reflection Student reflected on the importance of the research and its potential application Total Points (20 pts.) Comments: 15

16 Name: Date: Role Play Rubric Objectives 4 pts. Excellent 3 pts. Good 2 pts. Needs Some Improvement 1 pt. Needs Much Improvement N/A Pts. Relates to the audience Provides fluent rendition of the scenario All required content is included Acts with feeling and expression Varies intonation Presents characters appropriately Gives the scenario its full range Breaches are easily identified Total Points (32 pts.) Comments: 16