Course Law Enforcement I Unit III United States Legal Systems Essential Question What is the difference between civil and criminal law? TEKS 130.293(c) (5)(E) Prior Student Learning State and Federal Court Systems Estimated Time 3 to 5 hours Civil vs. Criminal Courts Rationale Police officers come across criminal and civil situations but can only legally enforce criminal laws. It is important for them to be able to distinguish the difference so they are not overstepping their bounds. Objectives The student will be able to: 1. List the differences between civil and criminal law 2. Explain why it is important for officers to know the difference 3. Create and role play a simulated call involving civil or criminal issues 4. Evaluate other students decisions made during the role play Engage Use the following scenarios for a class discussion. Use the Discussion Rubric for assessment. An officer responds to a call involving a customer stealing property from a store. Can the officer do anything about this? Why or why not? An officer responds to a call involving an upset customer. She claims she bought a product that she is not happy with. She wants the store to refund her money even though the store has a no refund policy. If they don t refund her money she wants to file a theft report. Can the officer do anything about this? Why or why not? An officer responds to a call involving a friend who let another friend borrow a car but has not received it back. Can the officer do anything about this? Why or why not? O.J. Simpson was found not guilty in criminal court but guilty in civil court. Why? Key Points I. What are the types of laws? A. There are two types of laws: 1. Civil 2. Criminal B. Constables enforce both types C. Most other peace officers only enforce criminal law, but often come in contact with civil law cases II. Why is it important to know the difference? A. Peace officers need to know the difference so they are aware of when they can legally act on something B. Officers are oftentimes called out to civil cases but cannot enforce any laws C. In these cases the officers are expected to maintain order and ensure no violence occurs, or make an arrest if an assault does 1
occur D. These are often called civil standbys E. Examples of civil standbys are 1. Child custody drop off or pick up situations 2. Landlord and tenant disputes F. Officers cannot enforce any court orders related to these calls but can document for future court proceedings what occurred G. Officers can always be called to testify as witnesses at a civil trial, just like at a criminal trial III. What is the difference? A. Civil law concerns the private rights of individuals and organizations in which the government provides a public forum for the resolution of disputes. 1. Deals primarily with individual or property rights 2. Involves a concept of responsibility but not guilt 3. Everyone involved is usually a private party 4. A dispute is usually set out in a petition 5. The court remedy is relief from or compensation for the violation of legal rights 6. The burden of proof is considered to be a preponderance of the evidence which means more likely than not the person accused of the wrong did it 7. The one bringing the case is the plaintiff or petitioner and the one defending is the respondent 8. Can include private law and contract law a. Private law includes redress for non-criminal harm done to another b. Contract law regulates the varied legal transactions between groups and individuals 9. The punishment is often monetary, which is paid to another person or institution B. Criminal law involves the violation of statutory laws in which the state (the government) is the prosecutor. Some examples are arson, rape, and armed robbery. 1. Deals with public concepts, proper behavior, and morality as defined by law 2. The case is initiated by a government prosecutor on behalf of the public 3. Specific charges of wrongdoing are spelled out in a grand jury indictment or a writ of information 4. On arraignment, the defendant enters a plea of guilty or not guilty 5. Has strict rules of procedure that are used to evaluate evidence 6. The state s burden of proof is to prove a defendant s guilt beyond a reasonable doubt which is a much higher standard than what has to be proven in a civil case 2
7. The prosecutor brings the charges and the defendant defends themselves 8. Violations of statutory laws are called crimes 9. Serious crimes are called felonies and less serious ones are called misdemeanors 10. The punishment for criminal law could be monetary, time spent in jail or prison, probation, community service, or all of the above, plus a report of it on a defendant s criminal record if they are found guilty Activities 1. Have students complete the Civil vs. Criminal Courts Open-note Quiz. 2. Have students divide into pairs and write a scenario involving a call that can be either a civil or a criminal matter. Have the students who write the scenario role play the individuals involved in the call while a different pair of students role play the officers who decide whether or not it is legal for them to get involved. The officers must justify their decision to the class. Use the Discussion and Role Play Rubrics as needed for assessment. 3. Have students imagine that they are an attorney who only deals with criminal or civil law. Then have the students create an advertisement that specifies their type of law by giving at least five common examples. The goal is to make clear to their potential clients what situations they deal with. Have the students present their advertisements. Computer-based presentation software or poster boards with drawing materials may be used. The Presentation Rubric may be used for assessment. Assessments Civil vs. Criminal Courts Exam and Key Civil vs. Criminal Courts Open-note Quiz and Key Discussion Rubric Presentation Rubric Research Rubric Role Play Rubric Materials Civil vs. Criminal Courts computer-based presentation Poster boards and drawing materials or computer-based presentation software Resources 020547893X, Criminal Justice, James Fagin, 2006. 111134471X, American Government and Politics Today (Texas Edition), Steffen W. Schmidt, Mack C. Shelley, Barbara A. Bardes, Lynne E. Ford, and William Earl Maxwell, 2011. 3
Accommodations for Learning Differences For reinforcement, students will research the penal code, then list and explain a specified number of crimes they find. This is to help them recognize a criminal matter. Use the Research Rubric for assessment. For enrichment, students will research the different types of civil standby calls officers experience. Use the Research Rubric for assessment. State Education Standards Texas Essential Knowledge and Skills for Career and Technical Education 130.293. Law Enforcement I (One to Two Credits). (5) The student explores the United States legal system and the requirements for law enforcement. The student is expected to: (E) compare the characteristics of civil and criminal court systems. College and Career Readiness Standards Cross-Disciplinary C. Problem solving 1. Analyze a situation to identify a problem to be solved. 2. Develop and apply multiple strategies to solve a problem. 3. Collect evidence and data systematical 4
Name Date 1. How many types of laws are there? A. 1 B. 2 C. 3 D. 4 Civil vs. Criminal Courts Exam 2. What are the types of laws referred to in the above question? I. Civil II. Criminal III. Federal IV. State A. I B. I, II C. I, II, and III D. I, II and IV 3. What type of law enforcement officer enforces all of the types of laws talked about? A. Police officer B. Constable C. Marshall D. Game Warden 4. What is not a reason peace officers need to know the difference between the laws? A. So they know when they can legally act on something B. So they know when they cannot legally act on something C. So they can direct the parties involved to the best type of lawyers to handle their situations D. Both a and b 5. What is it called when officers are called out to calls that they cannot enforce any laws on? A. Civil standbys B. Criminal standbys C. Discretionary calls D. Unauthorized calls 6. What would an example of the above be? A. Child custody drop off or pick up situations B. Landlord and tenant disputes C. A customer has taken something for a business D. A and B only E. All of the above 7. What are officers expected to do during these calls? 5
I. Enforce the court orders II. Maintain order III. Assure no violence occurs IV. Make an arrest if an assault occurs V. Document what occurred A. I, V B. I, II, V C. I, IV D. II, III, IV, V E. I, II, III, IV, V 8. While officers can always be called to testify at a criminal trial, since they deal mostly with criminal matters, they cannot be compelled to testify at a civil trial. A. True B. False 9. In what type of law is the prosecutor the one who brings the charges and the defendant the one on trial? 10. In what type of law is the plaintiff the one who brings the charges and the respondent the one on trial? 11. What kind of civil law includes redress for harm done to another that is not criminal? A. Private Law B. Contract Law 12. What kind of civil law regulates varied legal transactions between groups and individuals? A. Private Law B. Contract Law 13. What are violations of statutory law called? A. Breaches B. Fouls C. Crimes D. Wrongs 14. In what type of law is the punishment monetary, time spent in jail or prison, probation, community service, or all of the above, plus a report on the defendant s criminal record if they are found guilty? 15. In what type of law is the punishment often times monetary which is paid to another person or institution? 6
16. What kind of law concerns the private rights of individuals and organizations in which the government provides a public forum for the resolution of disputes? 17. What kind of law involves the violation of statutory laws in which the state (the government) is the prosecutor? 18. What kind of law has the burden of proof of beyond a reasonable doubt? 19. What kind of law has the burden of proof of preponderance of the evidence? 20. What kind of law deals primarily with individual or property rights? 21. Some examples of this type of law are arson, rape, and armed robbery. 22. In this type of law, determination of guilt results in punishment. 23. This kind of law deals with public concepts of proper behavior and morality. 24. With this kind of law the court remedy is relief from or compensation for the violation of legal rights. 25. What kind of law has strict rules of procedure that are used to evaluate evidence? 7
Civil vs. Criminal Courts Exam Key 1. B 2. B 3. B 4. C 5. A 6. D 7. D 8. B 9. B 10. A 11. A 12. B 13. C 14. B 15. A 16. A 17. B 18. B 19. A 20. A 21. B 22. B 23. B 24. A 25. B 8
Name Date 1. How many types of laws are there? Civil vs. Criminal Courts Quiz 2. What are the types of laws referred to in the above question? a. b. 3. What type of law enforcement officers enforce the types of laws discussed? 4. What is a reason peace officers need to know the difference between the laws? 5. What is it called when officers are called out to calls that they cannot enforce any laws on? 6. What would an example of the above be? a. b. 7. What are officers expected to do during these calls? a. b. c. d. 8. In what type of law might officers have to testify? 9
9. In what type of law is the prosecutor the one who brings the charges and the defendant the one on trial? 10. In what type of law is the plaintiff or petitioner the one bringing the case and the one defending the respondent? 11. What kind of civil law includes redress for harm done to another that is not criminal? 12. What kind of civil law regulates varied legal transactions between groups and individuals? 13. What are violations of statutory law called? 14. In what type of law is the punishment monetary, time spent in jail or prison, probation, community service, or all of the above, plus a report of this on a defendant s criminal record if found guilty? 15. In what type of law is the punishment often times monetary which is paid to another person or institution? 16. What kind of law concerns the private rights of individuals and organizations in which the government provides a public forum for the resolution of disputes? 17. What kind of law involves the violation of statutory laws in which the state (the government) is the prosecutor? 18. What kind of law has the burden of proof of beyond a reasonable doubt? 19. What kind of law has the burden of proof of preponderance of the evidence? 10
20. What kind of law deals primarily with individual or property rights? 21. Some examples of this type of law are arson, rape, and armed robbery. 22. In this type of law, determination of guilt results in punishment. 23. This kind of law deals with public concepts of proper behavior and morality. 24. With this kind of law the court remedy is relief from or compensation for the violation of legal rights. 25. What kind of law has strict rules of procedure that are used to evaluate evidence? 11
Civil vs. Criminal Quiz Key 1. 2 2. a. Civil b. Criminal 3. Constables 4. So they know when they can legally act on something 5. Civil standbys 6. a. Child custody drop off or pick up situations b. Landlord and tenant disputes 7. a. Maintain order b. Assure no violence occurs c. Make an arrest if an assault occurs d. Document what occurred 8. Criminal and Civil 9. Criminal Law 10. Civil Law 11. Private Law 12. Contract Law 13. Crimes 14. Criminal Law 15. Civil Law 16. Civil Law 17. Criminal Law 18. Criminal Law 19. Civil Law 20. Civil Law 21. Criminal Law 22. Criminal Law 23. Criminal Law 24. Civil Law 25. Criminal Law 12
Name Date Discussion Rubric Objectives 4 pts. Excellent 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: 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: 14
Name Date Objectives 4 pts. Excellent Research Rubric 3 pts. Good 2 pts. Needs Some Improvement 1 pt. Needs Much Improvement N/A Pts. Question/goal Student identified and communicated a question or goal of the research 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
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