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CURRICULUM FRAMEWORK

Based on Essential Learning Outcomes

Forensic Law High School


Copyright July 30, 2012 Prince Georges County Public Schools

Board of Education of Prince Georges County, Maryland PGIN#: 7690-1527

BOARD OF EDUCATION OF PRINCE GEORGES COUNTY, MARYLAND


Verjeana M. Jacobs, Esq., Chair Peggy Higgins, LCSW C, Vice-Chair Donna Hathaway Beck Rosalind A. Johnson Amber P. Waller Patricia Eubanks Carolyn M. Boston Henry P. Armwood, Jr. Edward Burroughs, III Shabnam Ahmed, Student Board Member William R. Hite, Jr., Ed.D., Superintendent of Schools

A. Duane Arbogast, Ed.D., Chief Academic Officer Gladys Whitehead, Ph.D., Director, Curriculum and Instruction Kara Miley-Libby, Ed.D., Coordinating Supervisor, Academic Programs Godfrey Rangasammy, Science Supervisor

ACKNOWLEDGEMENTS

Prince Georges County Public Schools wishes to thank the following professionals who worked on the Forensic Psychology Framework:
Godfrey Rangasammy, PreK-12 Science Supervisor Daria N. Valentine, Science Instructional Specialist Traci WalkupBelton, Instructional Science Coach Chelsia Berry, Central High School Rachel Carlson, Forestville Military Academy Leslie Maddox, Gwynn Park High School David W. Neagley*, Forestville Military Academy Nichole Schumaker, Northwestern High School Lucia Simpson, Bladensburg High School Mary Taylor, Fairmont Heights High School
* Denotes Program Manager for CFPG

Curriculum Framework Progress Guide-High School Forensics Law Prince Georges County Public Schools

TABLE OF CONTENTS
ACKNOWLEDGEMENTS ................................................................................................................ 3 TABLE OF CONTENTS ................................................................................................................... 4 Forensics Academy Overview ....................................................................................................... 7 5 E Instructional Model .................................................................................................................. 9 High School Science Teaching Strategies ................................................................................. 10 Unit 1: Introduction to the Criminal Justice System .................................................................. 12 Unit 2: The Causes of Crime ........................................................................................................ 24 Unit 3: Defining and Measuring Crime ........................................................................................ 37 Unit 4: Inside Criminal Law .......................................................................................................... 50 Unit 5: Policing and the Constitution .......................................................................................... 68 Unit 6: Courts and the Quest for Justice .................................................................................... 89 Unit 7: The Pretrial Procedures ................................................................................................... 99 Unit 8: The Criminal Trial ........................................................................................................... 115 Curriculum Guide Evaluation Form .......................................................................................... 134

Curriculum Framework Progress Guide-High School Forensics Law Prince Georges County Public Schools

Curriculum Infused Components:


The Science curriculum infuses an inquiry approach that encompasses the use of 21st Century skills as well as STEM connections. . The design of the curriculum allows teachers to deliver content that will help build on skills students need as developing learners and prepare students to be aware and ready to emerge as college and career ready citizens. MTS-Maryland Technology Literacy Standards for Students http://www.marylandpublicschools.org/MSDE/programs/technology/techstds/ Click on the link to view each set of standards by grade level and objectives. These standards define what students, teachers and administrators need to know and be able to do using technology. Standard 1.0 Technology Systems: Develop foundations in the understanding and uses of technology systems Standard 2.0 Digital Citizenship: Demonstrate an understanding of the history of technology and its impact on society, and practice ethical, legal, and responsible use of technology to assure safety Standard 3.0 Technology for Learning and Collaboration: Use a variety of technologies for learning and collaboration Standard 4.0 Technology for Communication and Expression: Use technology to communicate information and express ideas using various media formats Standard 5.0 Technology for Information Use and Management: Use technology to locate, evaluate, gather, and organize information and data.
ETM- Education That is Multicultural

Education That Is Multicultural is a continuous, integrated, multiethnic, multidisciplinary process for educating all students about diversity and commonality. The Science curriculum infuses the following goals: Adopt a global perspective that promotes the valuing of cultural, ethnic, and linguistic diversity; Determine and implement appropriate strategies that allow all students to learn; Establish and maintain high expectations for achievement for all students; Utilize tests, measurements, and assessments to assess information and prepare for instruction and learning.

CCR-College and Career Readiness allow students to explore a wide range of career options and to apply academic and technical skills in a career area. The curriculum goals focus on helping students to gain a better understanding of the world of work and what is required to prepare for a career. Embedded lessons help students plan for and pursue further information pertaining to education and careers.
Common Core State Standards for College and Career Readiness Grades 3 12 The standards below define what students should understand and be able to do by the end of each grade. They correspond to the College and Career Readiness (CCR) anchor standards below by number. The CCR and grade-specific standards are necessary complements that together define the skills and understandings that all students must demonstrate. http://www.corestandards.org/assets/CCSSI_ELA%20Standards.pdf Anchor Standards for Reading Integration of Knowledge and Ideas 1. Integrate and evaluate content presented in diverse formats and media, including visually and quantitatively, as well as in words.
Curriculum Framework Progress Guide-High School Forensics Law Prince Georges County Public Schools

Anchor Standards for Writing Text Types and Purposes Write narratives to develop real or imagined experiences or events using effective technique, well-chosen details, and well-structured event sequences. Production and Distribution of Writing Produce clear and coherent writing in which the development, organization, and style are appropriate to task, purpose, and audience. Develop and strengthen writing as needed by planning, revising, editing, rewriting, or trying a new approach. Use technology, including the Internet, to produce and publish writing and to interact and collaborate with others. Research to Build and Present Knowledge Conduct short as well as more sustained research projects based on focused questions, demonstrating understanding of the subject matter under investigation. Gather relevant information from multiple print and digital sources, assess the credibility and accuracy of each source, and integrate the information while avoiding plagiarism. Range of Writing Write routinely over extended time frames (time for research, reflection, and revision) and shorter time frames (a single sitting or a day or two) for a range of tasks, purpose, and audiences. Anchor Standards for Speaking and Listening Comprehension and Collaboration Prepare for and participate effectively in a range of conversations and collaborations with diverse partners, building on others ideas and expressing their own clearly and persuasively. Integrate and evaluate information presented in diverse media and formats, including visually, quantitatively, and orally. Presentation of Knowledge and Ideas Present information, findings, and supporting evidence such that listeners can follow the line of reasoning and the organization, development, and style are appropriate to task, purpose and audience. Make strategic use of digital media and visual displays of data to express information and enhance understanding of presentation. Adapt speech to a variety of contexts and communicative tasks, demonstrating command of formal English when indicated or appropriate. EL- Environmental Literacy will allow students to investigate and analyze environmental issues ranging

from local to global perspectives and develop and implement a local action project that protects, sustains, or enhances the natural environment. Embedded lessons help students plan for and pursue further information pertaining to environmental literacy. The infused components are indicated by symbols in each unit according to the following key:
or Multicultural Connection Career Connection Literacy/ELL Strategy Activity Technology Integration Differentiation Instructional Strategy Science (STEM) Technology (STEM) Engineering (STEM) Mathematics (STEM)

Curriculum Framework Progress Guide-High School Forensics Law Prince Georges County Public Schools

Forensics Academy Overview


Part of Secondary School Reform The goal of Secondary School Reform is to transform the educational experience of PGCPS high school students to ensure that 100% of our graduates are college and workforce ready and competitive in the 21st century economy. One component of Secondary School Reform is to expand opportunities to students by implementing Academies at the high school level. Overview of the Forensics Academy

9th Grade Foresnic Psychology Forensic Law

10th Grade Forensic Microbiology Forensic A&P

Biology

Chemistry

11th grade Science Elective

12th Grade Science Elective

Forensics I

Forensics II

Curriculum Framework Progress Guide-High School Forensics Law Prince Georges County Public Schools

Curriculum Framework Progress Guides for the Science Academies include a planning and pacing guide to assist teachers to stay on pace to reach all of the instructional goals. The planning and observation guide is included to assist science teachers in the planning and observation process. Instruction should reflect teacher planning, knowledge, organization, classroom management and climate, instructional delivery and assessment. Time frames for instruction vary and are dependent upon the details and outline of the instructional activity. All guides are separated into units and each unit contains a module framework and exemplar lessons for each module. Each lesson plan contains standards, resources, activities, and formative assessments for teachers to use as model lessons. In addition to exemplar lessons, each unit will have vetted resources and suggestions for offsite/field trip opportunities for teachers to use to tailor student instruction. It is not expected that every resource given or offsite opportunity suggested in the framework will be used. The teacher may select the resources and opportunities that are best suited for the students in their classroom.

Curriculum Framework Progress Guide-High School Forensics Law Prince Georges County Public Schools

5 E Instructional Model1
Learning something new, or attempting to understand something familiar in greater depth, is not a linear process. In trying to make sense of things, prior experience and the first-hand knowledge gained from new explorations serves as the scaffold of knowledge acquisition. The philosophy about learning, whereby learners build their own understanding of new ideas, has been labeled constructivism. Constructivism focuses on student centered learning. The 5E Instructional Model utilizes the constructivist approach and promotes knowledge acquisition by anchoring it to prior knowledge and through active learning.

Engagement uses prior knowledge and the students current conceptions and misconceptions to engage the student in the topic. New understandings are constructed using prior knowledge as the foundation. In the stage Engage, the students encounter and identify the instructional task. They make connections between past and present learning experiences, lay the organizational ground work for the activities ahead and stimulate their involvement in the anticipation of these activities. Asking a question, defining a problem, showing a surprising event and acting out a problematic situation are all ways to engage the students and focus them on the instructional tasks. Exploration uses inquiry skills and current conceptions to think critically about a concept and to ask relevant questions during hands on activities that teach. In the Exploration stage the students have the opportunity to get directly involved with phenomena and materials. As they work together in teams, students build a base of common experience which assists them in the process of sharing and communicating. The teacher acts as a facilitator, providing materials and guiding the students' focus. The students' inquiry process drives the instruction during an exploration. Explanation allows the student to show the level of understanding from the new information and the students ability to use the evidence from the exploration to make connections between ideas while showing constructed understanding. The explanation stage is the point at which the learner begins to put the abstract experience through which she/he has gone /into a communicable form. Elaboration applies the new context, showing the level of understanding of the new information and the ability to apply and expand the new context. In this stage, the students expand on the concepts they have learned, make connections to other related concepts, and apply their understandings to the world around them. These connections often lead to further inquiry and new understandings. Evaluation illustrates the level of understanding of concepts, using critical thinking skills, analysis and synthesis skills. Evaluation leads to self-assessment and the development of new questions. Evaluation is an on-going process that allows the teacher to determine if the learner has attained understanding of concepts and knowledge.

(2001).Constructivism and the 5 E's. Retrieved June 1, 2008, from Miami Museum of Science Web site: http://www.miamisci.org/ph/lpintro5e.html.

High School Science Teaching Strategies


Suggested strategies and activities included are by no means inclusive of every possible best practice. The pacing and the suggested strategies and activities are subject to adjustment depending upon students instructional needs. Many Laboratory Experiments and Activities, Instructional Ideas, Reading Selections and Materials, and Classroom Assessments are given. It is up to the instructor to pick and choose the activities and ideas that best suit the instructional level of each particular class. Many strategies and activities may also be used to individualize instruction. For example, teachers may use Workbook B to supplement Workbook A for students who need additional resources. It may be especially usefully for ESOL students and students in inclusive settings. Laboratory activities are an integral part of science instruction. Research has repeatedly shown that students learn best by doing. Working in small groups encourages student participation, interaction, enhances student learning and comprehension of science. Performance tasks things that students actually do result in products that can be assessed for skill mastery. These tasks may be, but are not limited to, diagrams, reports, models, graphs, posters, three-dimensional graphic organizers, oral presentations and Internet activities.

The computer should be part of the science learning experience and can be utilized in many ways. The Internet resources available in science are enormous and are well worth teacher time to investigate. The internet can be used to obtain information, check facts, follow web experiments, do small group interactive lessons etc. Students should learn how to prepare reports, both lab and informational, and how to analyze data using diagrams and graphs. The ancillary materials available with the textbook contain many Internet activities as well as virtual laboratory investigations and laboratory simulations.

Forensic Law at a Glance!

Unit
1 2 3 4 5 6 7 8

Title
Introduction to the Criminal Justice System The Causes of Crime Defining and Measuring Crime Inside Criminal Law Policing and the Constitution Courts and the Quest for Justice The Pretrial Procedures The Criminal Trial

Based on A Day/B Day Block Schedule ~ 90 min/class

Time
4 4 4 6 7 3 3 6

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Unit 1: Introduction to the Criminal Justice System


Unit 1 Unit Title Number of Days Key Points Unit 1 Introduction to the Criminal Justice System Day 1 of 4 (What is Crime) Day 2 of 4 (Field Trip to a Prince Georges County Court or Invite Guest to the Classroom) What is Crime? Crime is an act that violates criminal law and is punishable by criminal sanctions that bring about a loss of personal freedom or, in some cases, fines. There are six categories of crimes: Violent Crimes are crimes against persons. Examples include murder, sexual assault, assault and battery, and robbery. Property Crimes crimes in which the goal of the offender is some form of economic gain or the damaging of property. Examples include pocket picking, shoplifting, larceny, theft, burglary, and arson. Public Order Crimes activities that society has outlawed because they are considered contrary to public values and morals. Examples include public drunkenness, prostitution, gambling, and illicit drug use. White-collar Crimes an illegal act or series of acts committed by an individual or business entity using some nonviolent means to obtain a personal or business advantage. Examples include fraud and embezzlement. Organized Crime illegal acts carried out by illegal organizations engaged in the market for illegal goods or services. Markets include gambling, prostitution, illegal narcotics, loan sharking, counterfeiting, and credit-cards scams. High Tech Crime the newest kind of crime directly related to the increased presence of computers in everyday life. Examples include sabotage, fraud, embezzlement, and theft of proprietary data from computer systems. Determining Whats Criminal There are two common models society uses to determines which acts are criminal: The consensus model argues that the majority of the citizens in a society share the same values and beliefs. Criminal acts conflict with these values and are harmful to society. The conflict model argues that the content of criminal law is determined by the groups that hold economic, political, and social power in a community.

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Daily Objectives

1. Students will complete the What Is Crime Jigsaw in order to define and identify 2. Students will visit a local municipal or county court and observe a case or the

the different types of crime.

teacher will invite representatives of the county court or law enforcement agency to talk to the class in order to identify how these new experiences differ from their preconceptions of the criminal justice system.

Student Textbook Resources CD Resources Internet Resources

What is Crime? pp. 6-9 Comparative Criminal Justice: Unveiling France, p. 6 None Noted Ban on Alcoholic Energy Drink http://www.youtube.com/watch?v=SL5lDlfUE40 Crimes Against the Person http://www.glencoe.com/sec/socialstudies/street_law/textbook_activities/cases_ resources/chapter09.php Crimes Against Property http://www.glencoe.com/sec/socialstudies/street_law/textbook_activities/cases_ resources/chapter10.php Legal Action Leveled at Four Loko http://www.cspnet.com/news/beverages/articles/legal-action-leveled-four-loko

Linking Concept STEM Correlation Important Court Cases

Not Applicable 1. Asking questions, 4. Analyzing and interpreting data, 6. Constructing explanations, 8. Obtaining, evaluating, and communicating information Fiorini vs. Phusion Projects LLC, City Brewing Co., Fresno distributor Donaghy Sales and SSS Chevron Wrongful death lawsuit from the Fiorini family against the manufacturer, distributor and the gas station store Four Loko was sold in.

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Unit Unit Title Number of Days Key Points

Unit 1 Introduction to the Criminal Justice System 3 of 4 The Criminal Justice System The purpose of the criminal justice system is to (1) control crime, (2) prevent crimes, and (3) provide and maintain justice. It is organized into three levels of law enforcement (1) national/federal level, (2) state level, and (3) local level. The criminal courts and its work groups (the judge, prosecutors, and defense attorneys) are charged with determining the innocence or guilt of criminal suspects. The corrections system assumes responsibility, once the court system convicts and sentences an offender. The elements of the corrections system include probation, incarceration in jail or prison, community-based corrections facilities, and parole. Offenders placement in the corrections system is dependent on the seriousness of the crime and their individual needs. Formal and Informal Criminal Justice Process Criminal justice officials rely heavily on discretion when meeting their professional responsibilities. Discretion is the authority to choose between and among alternative courses of action. The decision is based on personal judgment instead of formal rules or official information. As a result, there is the formal and informal criminal justice process. The formal process involves a series of routinized operations. The informal process relies on discretionary decisions by the police, prosecutors, and judges. It is proposed that the informal criminal justice process creates a situation in which all cases are not treated equally. The Wedding Cake Model of criminal justice suggests that discretion comes to bear depending on the relative importance of a particular case to the decision makers.

Daily Objectives

1. Students will discuss You Be the Senator: Banning Texting While Driving in

order to evaluate the purpose of the modern criminal justice system. 2. Students will complete the Officer, Officer! Career Connections Activity in order to explore one of the many career options related to the criminal justice system. You be the Senator: Banning Texting While Driving, p. 11

Student Textbook Resources CD Resources

None noted

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Internet Resources

Officer, Officer! Career Connections Activity (Introduction to Criminal Justice Folder) Department of Maryland State Police http://www.mdsp.org/ Maryland Department of Public Safety and Corrections http://www.dpscs.state.md.us/agencies/dpp.shtml Court Careers http://www.courtcareers.com/careers/bailiff-jobs/

Linking Concept STEM Correlation Important Court Cases

None noted 6. Constructing explanations, 8. Obtaining, evaluating, and communicating information None Noted

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Warm-up (10 min): How will I focus, prepare and engage students for the lessons objective? (I) Ask students to describe their concept of justice. Have some students share their definition with the class. Record responses on the board for students to see. Facilitate a whole group discussion by asking the following questions: Identify similarities and differences between students responses. Does justice always coincide with fairness? Engage (10 min): The students use prior knowledge and the students current conceptions and misconceptions to engage the student in the topic. (I) Poll students as to which facet of the criminal justice system - law enforcement, the courts, corrections - do they find most interesting and why? Have students separate into groups by interest. In their groups, ask students to write a list of careers, cases, or activities they would like to see in class this semester. (I) (D) Use this information to customize your lessons throughout the semester and engage the interest of your students. Explain: (15 min): Explanation is the point at which the learner begins to put the abstract experience through which she/he has gone through into a communicable form. (1e) (I) Tell students: there are three major goals of the modern criminal justice system - control crime, prevent crime, and provide and maintain justice. Ask students to work with their elbow partner to discuss the goals of the criminal justice system. Have students read and discuss the article, You be the Senator: Banning Texting While Driving. Students should use the following questions to guide their discussion: (1) Which goal do you feel is most important? (2) Which goal do you think should be the most important.(3) Would you support a bill banning texting while driving? Why or why not? Have students come back together as a class. Invite some students to share their responses. Facilitate the whole group discussion by asking, what are the benefits and drawbacks of letting each state decide its own response to this problem? Does this approach meet help or hurt the goals of the criminal justice system? Explore: (40 min): The students use inquiry skills and current conceptions to think critically about a concept and to ask relevant questions during hands-on activities that teach. (1e) (I) Remind students, that in the previous classes they evaluated the structure of the criminal justice system and met local representatives from municipal and county law enforcement agencies. Tell students, today they will select a career to research and evaluate. Each career represents an element of the criminal justice system. Law Enforcement: Police Officer The Courts: Bailiff Corrections: Parole Officer Have students select a classmate who has similar career interests to partner with and complete this activity.

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Evaluate/Formative Assessment (15 min): How will I reinforce the objectives importance and its link to past and future learning? How will the formative assessment relate to their homework? (1e, 1f) Ask students to join career academies: Police Officer, Bailiff and Parole Officer. Each academy should work together to create a short presentation of the career they researched. Their presentation should include a Job Description, Training Required, Annual Salary, and Factors that Attracted them to the career. Homework: Have students read about the role of discretion in the criminal justice system, pp. 15-17. Students should use knowledge gained during class today and information in the text to answer the following questions: Identify areas of policing in the criminal justice process as places where discretion may be used. How much discretion do you feel is needed in policing, specifically, and in criminal justice systems as a whole? What are the drawbacks of giving criminal justice professional, specifically police officers, too much or too little discretion?

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Unit Unit Title Number of Days Key Points

Unit 1 Introduction to the Criminal Justice System 4 of 4 Models of the Criminal Justice Systems There are two models for the criminal justice system demonstrates societal values: The crime and control model is based on the premise that the most important function of the criminal justice process is to punish and repress criminal conduct. The due process model is based on the premise that the most important function of the criminal justice process is to protect the civil rights of the accused through legal restraints on the police, courts, and corrections. Civil rights are the personal rights and protections guaranteed by the Constitution, particularly the Bill of Rights. Criminal Justice Today Today, there are several issues facing the criminal justice system that challenge values of society. Issues to be discussed in this course includes: Fear of Crime Gun Sales and Gun Control Use of Illegal Drugs Scourge of Street Gangs DNA Profiling/Identification Protecting America from Terrorism (Homeland Security and the Patriot Act) The Growing Prison Population

Daily Objectives

Students will complete the Crimes in America Webquest in order to (1) utilize the crime control models as a tool to evaluate the ways crime is addressed in America today and (2) explore the initiatives that various private and government organizations across the country are taking to combat the influence of crimes such as gun violence, terrorism, and gangs. Values of the Criminal Justice System, pp. 17- 19 Criminal Justice Today, pp. 20-26 CJ In Action: Gun Control vs. Gun Rights, p. 27 None Noted Crimes in America Webquest (Introduction to Criminal Justice Folder) The FBI Crime Clock http://www2.fbi.gov/ucr/cius2009/about/crime_clock.html 18

Student Textbook Resources CD Resources Internet Resources

Curriculum Framework Progress Guide-High School Forensics Law Prince Georges County Public Schools

Guns and Violence http://www.enotes.com/guns-violence-article USA Patriot Act http://epic.org/privacy/terrorism/hr3162.html Discussion of the USA Patriot Act http://jurist.law.pitt.edu/forum/forumnew40.htm The National Youth Gang Center http://www.nationalgangcenter.gov/Comprehensive-Gang-Model/FAQ The National Crime Prevention Council http://www.ncpc.org/ Gang Resistance Education and Training (G.R.E.A.T) http://www.great-online.org/ Bureau of Justice Assistance https://www.ncjrs.gov/html/bja/gang/ Gang Response Intervention Team (GRIT) http://www.loudoun.gov/index.aspx?NID=1764 Linking Concept STEM Correlation Important Court Cases 2. Developing and using models, 6. Constructing explanations, 8. Obtaining, evaluating, and communicating information Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act 2011 Brady Handgun Violence Prevention Act of 1993

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(I) (T) This lesson includes a web quest, which requires internet access. Be sure to make appropriate arrangements with your technology coordinator and/or department chair to checkout the mobile labs for classroom use or to reserve space in the computer lab. If you have limited computer access you can make the articles, pamphlets, and reports available in print format. Warm-up (10 min): How will I focus, prepare and engage students for the lessons objective? Ask students to list what they believe are the top five issues facing the criminal justice systems today. Have students justify their answer using observations and prior knowledge. (I) (L) As students share their answers and explanations, make a list on the board for students to see. Then, have students look through the text (pp. 20-26), paying close attention to headings and subheadings, in order to identify the eight major challenges in criminal justice today the author identified. Record student findings and have students compare the two lists. Facilitate a classroom discussion by asking, What are the similarities and differences between each list? Are you surprised by the findings? Based on the findings and classroom discussion, would you make any changes to your initial list? Explain: (15 min): Explanation is the point at which the learner begins to put the abstract experience through which she/he has gone through into a communicable form. (1e) Tell students that you have selected Crimes in America, one of the major challenges to criminal justice today, as a topic for students to study. Before they begin their webquest, however, tell students they will evaluate two models of crime control in order to have a greater understanding of how society controls crime, placing their study of current issues in crime into perspective. (I) Separate students into groups of 2-3 students. Have students study and discuss the Figure: Mastering Concepts - Crime Control Model Versus Due Process Model. To focus their small group discussion, tell students you expect them to compare and contrast Packers two models. In their groups students should work together and answer the following questions: Which model do you believe dominates the criminal justice system today? Which model do you believe should dominate? (I) (L) Have students come together as a class again. In a whole group discussion, tell students, as they complete the webquest, keep the two crime control models in mind and decide which model they think best represents Americas attempt to decrease/eliminate gun violence, terrorism, and gang activity. As they complete the activity, students should collect evidence that supports their position. Explore: (50 min): The students use inquiry skills and current conceptions to think critically about a concept and to ask relevant questions during hands-on activities that teach. (1e) (D) (T) (I) This is a tiered assignment that provides student choices in terms of which crime they would like to study and the number and difficulty level of the resources students are required to use to complete the assignment. Several of the resources are online so be sure to make the proper arrangements before class.

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Tiered Assignments - Crimes in America Webquest Basic Outcome/Perf Students will be able to use ormance the Crime Control Models to indicator explain Americas approach to reducing gun violence. Students will be able to describe major issues in crime control today. Instruction/Le Students will read, discuss, arning Activity and analyze the issue of gun violence in America. They will explore strategies designed to reduce gun violence and controversy that surrounds such efforts. Finally, they will summarize their findings and reflections in a final product of their choice - PPT presentation, poster, or paper. Assessment Students will have the option to create a short PPT Presentation (5-7 slide), Poster, or write a short essay (3-4 paragraphs) that summarizes their findings and reflections. Students product: *Summarize the major issues or challenges surrounding gun violence, terrorism, or gang violence; *Identify which crime control model best describes how gun violence, terrorism, or gang violence - is being addressed in America; and *Identify the major crime prevention policy, programs and/or initiatives and explain how they support the purpose of the criminal Intermediate Students will be able to use the Crime Control Models to explain Americas approach to reducing terrorism. Students will be able to describe major issues in crime control today. Students will read, discuss, and analyze the issue of terrorism in America. They will explore strategies designed to reduce terrorism and the controversy that surrounds such efforts. Finally, they will summarize their findings and reflections in a final product of their choice - PPT presentation, poster, or paper. Advanced Students will be able to use the Crime Control Models to explain Americas approach to reducing gang violence. Students will be able to describe major issues in crime control today. Students will read, discuss, and analyze the issue of gang violence in America. They will explore strategies designed to reduce gang violence and the implications of such efforts in their school. Finally, they will summarize their findings and reflections in a final product of their choice - PPT presentation, poster, or paper.

Students will have the option to create a short PPT Presentation (57 slide), Poster, or write a short essay (3-4 paragraphs) that summarizes their findings and reflections. Students product: *Summarize the major issues or challenges surrounding gun violence, terrorism, or gang violence; *Identify which crime control model best describes how - gun violence, terrorism, or gang violence - is being addressed in America; and *Identify the major crime prevention policy, programs and/or initiatives and explain how they support the purpose of the criminal justice system.

Students will have the option to create a short PPT Presentation (5-7 slide), Poster, or write a short essay (3-4 paragraphs) that summarizes their findings and reflections. Students product: *Summarize the major issues or challenges surrounding gun violence, terrorism, or gang violence *Identify which crime control model best describes how - gun violence, terrorism, or gang violence - is being addressed in America; and *Identify the major crime prevention policy, programs and/or initiatives and explain how they support the purpose of the criminal justice system.

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justice system.

Resources

*Crime in America Webquest *CJ In Action: Gun Control Versus Gun Rights p. 27

*Crime in America Webquest *USA Patriot Act http://epic.org/privacy/terrorism/hr3 162.html

*Crime in America Webquest *The National Youth Gang Center http://www.nationalgangcenter.gov/ Comprehensive-Gang-Model/FAQ *The National Crime Prevention Council http://www.ncpc.org/ *Gang Resistance Education and Training (G.R.E.A.T) http://www.great-online.org/ *Bureau of Justice Assistance https://www.ncjrs.gov/html/bja/gan g/ *Gang Response Intervention Team (GRIT) http://www.loudoun.gov/index.aspx ?nid=-404&badlink=/Default.aspx

*Guns and Violence *Department of Justice on the US http://www.enotes.com/gun Patriot Act s-violence-article http://www.justice.gov/archive/ll/hig hlights.htm *Discussion of the USA Patriot Act http://jurist.law.pitt.edu/forum/forum new40.htm

Evaluate/Formative Assessment (0 min): How will I reinforce the objectives importance and its link to past and future learning? How will the formative assessment relate to their homework? (1e, 1f) (I) Monitor students progress as they continue work on their project. Be sure to interact with the groups asking questions about the resources used, conceptual understanding, and final product development to ensure students stay on task. Evaluate student participation in their group using the rubric below: Webquest Student Participation Rubric Assign each student a score of 1-5 for each of the following criteria. The students appeared focused on the webquest. The student contributed to his/her group. The student contributed to the class discussion. The student demonstrated concept proficiency. Closing (5 min): How will I close out the class and have the students synthesize the information learned? (1e) Have students write a short reflection about their participation in todays activity. Their response should include a summary on how they contributed to their group and two ways they could improve or increase their contributions. Homework:
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Students should use the findings from todays activity to complete their final product.

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Unit 2: The Causes of Crime


Unit Unit Title Number of Days Key Points Unit 2 The Causes of Crime 1 of 4 What is Criminology? It is the study of crime in which researchers have developed a number of theories concerning the causes of crime. A theory is an explanation of a happening or circumstance that is based on observation, experimentation, and reasoning. Research in Criminology Researchers observe facts and their consequence to develop hypotheses about what will occur when a similar fact pattern is present in the future. A hypothesis must be testable If enough authorities find the hypothesis valid, it will be accepted as a theory. The path to accepted theory in criminology is not an easy one. Researchers must identify evidence that supports the theory The evidence/data must be validated using statistical models and independently by other researchers. Daily Objectives Student Textbook Resources CD Resources Internet Resources Students will read and discuss the article, Inside Parenting Programmes: Case Studies of Family Group Conferencing, in order to analyze methods criminologists use to study the causes of crime. Theory In Criminology, pp. 35-36 Figure 2.1: The Scientific Method, p. 35 None Noted Criminology Research Project http://criminologyresearch.org/ Inside Parenting Programmes: Case Studies of Family Group Conferencing http://www.internetjournalofcriminology.com/Davies_et_al_Inside_Parenting_Pr ogrammes.pdf Teaching Strategies for Using Case Studies in the Classroom http://www.streetlaw.org/en/landmark/teaching_strategies/case_study Linking Concept
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STEM Correlation Important Court Cases

2. Developing and using models, 4. Analyzing and interpreting data, 8. Obtaining, evaluating, and communicating information None Noted

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Unit Unit Title Number of Days Key Points

Unit 2 The Causes of Crime 2 of 4 The Causes of Crime 3. The answer to why a person commits a crime is very important in determining the defendants punishment. 4. Classical criminology submits that crime is an expression of a persons rational decision-making process. 5. The modern theory of positivism submits that criminal behavior is determined by biological, psychological, and social forces and is beyond the control of the individual. Theories of Crime There are five major theories of crime that have gained wide, if not total acceptance: Choice Theories crime is the result of rational choices made by those who decide to engage in criminal activity for the rewards that it offers. Biological and Psychological Trait Theories Criminal behavior is explained by the biological and psychological attributes of an individual. Sociological Theories crime is not something one is born to do. Rather, crime is the result of the social conditions under which a person finds himself or herself. Social Process Theories Family, friends, and peers have the greatest impact on an individuals behavior, and it is the interactions with these groups that ultimately determine whether a person will become involved in criminal behavior. Social Conflict Theories Through criminal laws, the dominant members of society control the minority members, using institutions such as the police, courts, and prisons as tools of oppression.

Daily Objectives Student Textbook Resources CD Resources Internet Resources

Students will create a Crime Theories Poster and participate in a gallery walk in order to identify and describe the five major theories of criminology. Exploring the Causes of Crime, pp. 36-50 Mastering Concepts: The Causes of Crime, p. 50 None Noted Causes of Organized Crime http://www.youtube.com/watch?v=do3iyKWfeMY Poster Presentation Rubric (The Cause of Crime Folder) Understanding Criminology

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http://www.criminology.com/resources/understanding-criminology-theories/ Linking Concept STEM Correlation Important Court Cases 2. Developing and using model, 6. Constructing explanations, 8. Obtaining, evaluating, and communicating information None Noted

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Warm-up (10 min): How will I focus, prepare and engage students for the lessons objective? Ask students to write a short statement outlining the reasons they believe that people commit crimes. Have some students share their opinions. Engage (10 min): The students use prior knowledge and the students current conceptions and misconceptions to engage the student in the topic. (T) Have students watch the short clip, Cause of Organized Crime, located at http://www.youtube.com/watch?v=do3iyKWfeMY (I) Facilitate a whole group discussion about the video clip. Below is a list of questions you can use to help focus the discussion: 3. What do you think about the criminologist explanation of the cause or organized crime? Do you agree or disagree? Explain. 4. What about his recommendations to prevent/decrease the occurrence of crime? Do you agree or disagree? Explain. Have students look at the table, Mastering Concepts: The Cause of Crime. Ask students to consider the following question: Based on the criminologist explanation of the causes of organized crime in the video clip, which theory do you think he uses to support his claims? Identify evidence from the clip and/or the text to support your answer. Tell students that they will work in groups to explore one of the five theories in depth. Explore: (40 min): The students use inquiry skills and current conceptions to think critically about a concept and to ask relevant questions during hands-on activities that teach. (1e) Organize students into small groups (2-3 students). Have students choose a theory they would like to study and present in class today: Classical Criminology, Biological and Psychological Trait, Sociological, Social Process, and Social Conflict. Allow student choice, but ensure at least one group is assigned to cover each theory. Provide students with print and internet resources to research their assigned theory (see resources listed above as a starting place). Have each group create a poster that: Summarizes the theory Identify the author that formulated the theory and describe their contributions in understanding the cause of crime Identify reasons why one should accept the selected theory as a probable explanation of crime Provide an example of a local MD program that addresses crime under the frame of the selected theory Evaluate/Formative Assessment (20 min): How will I reinforce the objectives importance and its link to past and future learning? How will the formative assessment relate to their homework? (1e, 1f) Have students post their posters around the room. Make sure each group has a large marker. As students
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tour the posters in the room, have each group to write comments on their peers posters about the similarities and differences between their theory and yours. Closing (10 min): How will I close out the class and have the students synthesize the information learned? (1e) Ask students to read over their answer to todays warm-up question. Ask students if their initial views correspond with the theories presented in the gallery walk today. Homework: Have students complete the Questions for Critical Analysis, #1-5, on page 62. For the next class, ask students to select a movie, TV show, chapter from a novel, newspaper story, or TV documentary about a youth offender. Have students bring their selected item to the next class.

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Unit Unit Title Number of Days Key Points

Unit 2 The Causes of Crime 3 of 4 Expanding Criminology Although the five theories previously discussed form the bedrock of criminology study, the field is in no way limited to these concepts, thus there are two emerging strands of criminology. Emerging Strands of Criminology Life Course Criminology the study of crime based on the belief that behavioral patterns developed in childhood can predict delinquent and criminal behavior later in life. Behavioral patterns of childhood include bullying, lying, and stealing are predictors of future criminal behavior. Victimology a school of criminology that studies why certain people are the victims of crimes and the optimal role for victims in the criminal justice system. In the last several decades there has been a growing emphasis on the victim, which has had a profound impact on the police, the courts, and corrections administrators. The risk of victimization supposes that although anybody can be a victim of crime, there are certain circumstances surrounding victimization that increases the likelihood of crime. Routine Acts Theory - a theory based on the premise that most criminal acts requires three factors: A likely offender A suitable target The absence of a capable guardian Repeat Victimization Theory - a theory based on the premise that certain people and places are more likely to be subject to criminal activity and that the past victimization is therefore a valuable crime prevention tool because it is a strong indicator of future victimization. To a certain extent, those who are at the greatest risk of becoming criminal offenders are also at the risk of becoming victims of crimes.

Daily Objectives Student Textbook Resources CD Resources Internet Resources

Students will compare popular culture images of youth offenders to the criminological theories discussed in class in order to analyze the applications of theories of criminology. Exploring the Causes of Crime, pp. 36-54 Figure 2.3: Crime Victims in the United States, p. 54 None Noted Criminology Theories Summary http://www.uwec.edu/patchinj/crmj301/theorysummaries.pdf 30

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Causes of Crime http://www.glencoe.com/ps/cj/intro/links/index.html Linking Concept STEM Correlation Important Court Cases 4. Analyzing and interpreting data, 8. Obtaining, evaluating, and communicating information None Noted

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(I) In the previous class you asked students to select a movie, TV show, chapter from a novel, newspaper story, or TV documentary about a youth offender and bring their item to class. Students will use this resource in the Elaboration Activity. Be sure to have additional resources for students unable to bring in an item.

Warm-up (10 min): How will I focus, prepare and engage students for the lessons objective? Analyze the cartoon. (I) Facilitate a whole group discussion, using the following questions to guide the discussion: What is the message of the cartoon? Do you think youth crime is really that big a problem in the US? Why do you think youth crime occurs? What crimes do you think young persons most frequently commit? Which theory of criminology do you think best explains the cause of youth crime? Explain. Elaborate (45 min): How will the students expand on the concepts they have learned, make connections to other related concepts, and apply their understandings to the world around them. (1e) (I) (D) This assignment is tiered to offer a range in student autonomy and choices based on students research and analytical skills. Tiered Assignments Basic Outcome/ Students will apply theories of Performance criminology to explain a indicator criminal issue and offer ways to prevent/or decrease the occurrence of that crime. Intermediate Students will apply theories of criminology to explain a criminal issue and offer ways to prevent/or decrease the occurrence of that crime. Advanced Students will apply theories of criminology to explain a criminal issue and offer ways to prevent/or decrease the occurrence of that crime. Students will work independently to evaluate their selected item in light of the theories of criminology.

Instruction/ Learning Activity

As a whole group read and discuss the article below. Then have students separate into small groups (2-3 students) to evaluate the article below:

Students will work in small groups (2-3 students) to evaluate one of the three media clips below in light of the theories of criminology

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Assessment

Students will use their findings and class discussion to answer the following questions: *Briefly summarize the selected media item. *What is the main youth criminal justice issue? *In what ways do the criminological theories and media source agree? In what ways do they differ? *What criminology view or theory best explains the young persons crime? *Which criminology theory offers the most insight on the media account? *What are the most glaring kinds of information missing from the media account? *Exploring the Causes of Crime, pp. 36-54 *Criminology Theories Summary http://www.uwec.edu/p atchinj/crmj301/theory summaries.pdf *Causes of Crime http://www.glencoe.co m/ps/cj/intro/links/inde x.html

Students will use their findings and class discussion to answer the following questions: *Briefly summarize the selected media item. *What is the main youth criminal justice issue? *In what ways do the criminological theories and media source agree? In what ways do they differ? *What criminology view or theory best explains the young persons crime? *Which criminology theory offers the most insight on the media account? *What are the most glaring kinds of information missing from the media account?

Students will use their findings and class discussion to answer the following questions: *Briefly summarize the selected media item. *What is the main youth criminal justice issue? *In what ways do the criminological theories and media source agree? In what ways do they differ? *What criminology view or theory best explains the young persons crime? *Which criminology theory offers the most insight on the media account? *What are the most glaring kinds of information missing from the media account? *Exploring the Causes of Crime, pp. 36-54 *Criminology Theories Summary http://www.uwec.edu/pa tchinj/crmj301/theorysu mmaries.pdf *Causes of Crime http://www.glencoe.com /ps/cj/intro/links/index.ht ml *Students selected media item.

Resources

*Exploring the Causes of Crime, pp. 36-54 *Criminology Theories Summary http://www.uwec.edu/patchin j/crmj301/theorysummaries.p df *Causes of Crime http://www.glencoe.com/ps/c j/intro/links/index.html

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Evaluate/Formative Assessment (10 min): How will I reinforce the objectives importance and its link to past and future learning? How will the formative assessment relate to their homework? (1e, 1f) Have students discuss the answers to their questions.

Closing (10 min): How will I close out the class and have the students synthesize the information learned? (1e) (I) (C) (L) Ask students to write a reflection on the theories discussed in class over the last few days. To help focus, their reflection should answer the questions: What is the value of criminal theory? What role should theory play when dealing with criminal offenders? Should the causes of an offenders behavior impact whether they are convicted or receive a particular sentence? Are you interested in working as a criminologist? As you read students reflections, look for misconceptions or conceptual gaps that may need to be addressed in the next class. Write responses to students reflections encouraging their academic progress and development in class. Homework: Ask students to consider the variations theories of crime that are presented in the chapter and discussed in class. Have students write a short essay (three paragraphs) that answers the questions: Which theory do you feel provides the best explanation for criminal offending? Based on the theory you chose, how should we best prevent and address criminal offending? Identify one current criminal justice policy that seems to reflect your theory. Students should use evidence from the text, online, and notes to support their claims.

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Unit Unit Title Number of Days Key Points

Unit 2 The Causes of Crime 4 of 4 Theories of Drug Use There are three theories used by experts to explain drug use: Social Disorganization Theory rapid social change can cause people to become disaffiliated from mainstream society, causing them to turn to drugs. Subculture Theory particularly applied to adolescents, submits that drug use is the result of peer pressure. Control Theory suggests that the lack of social control, as provided by entities such as the family or school can lead to antisocial behavior. Theories of Drug Abuse Drug abuse is the use of drugs that results in physical or psychological problems for the user, as well as disruption of personal relationships and employment. The learning process attempts to explain how first-time drug users become habitual users: Learn the techniques of drug use. Learn to perceive the pleasurable effects of drug use. Learn to enjoy the social experience of drug use. There are two models of addiction: The Medical Model of Addiction is an approach to drug addiction that treats drug abuse as a mental illness and focuses on treating and rehabilitating offenders rather than punishing them. The Criminal Model of Addiction is an approach to drug abuse that holds that drug offenders harm society by their actions to the same extent as other criminals and should face the same punitive sanctions. The Relationship between Crime and Drugs Research shows there is a drug-crime relationship. There are three models to explain the relationship between drugs and crime: The psychopharmacological model holds that individuals act violently or criminally as a direct result of the drugs they have ingested. The economically impulsive model holds that drug abusers commit crimes to get the funds to purchase drugs. The systematic model suggests that violence is a by-product of the interpersonal relationships within the drug-using community, such as when a buyer assaults a dealer for selling bad drugs.

Daily Objectives

Students will research the growing trend towards establishing drug courts to deal with certain criminal offenders in order to analyze the link between drugs and crime.

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Student Textbook Resources CD Resources Internet Resources

The Link Between Drugs and Crime, pp. 54-58

None Noted The Science of Addiction http://learn.genetics.utah.edu/content/addiction/ U.S. Drug Enforcement Administration Site for Students http://www.justthinktwice.com/ Mothers Against Drunk Driving http://www.madd.org/ Students Against Destructive Decisions (formerly Students Against Drunk Driving) http://www.sadd.org/ Trends in Teenage Drug Use http://www.monitoringthefuture.org/data/02data.html#2002data-drugs Evaluation of the Lexington (Fayette County) Kentucky Juvenile Drug Court Program http://www.internetjournalofcriminology.com/Hayden_Evaluation_of_Fayette_C ounty_Kentucky_Juvenile_Drug_Court_Program_IJC_May_2012.pdf

STEM Correlation

2. Developing and using models, 6. Constructing explanations, 7. Engaging in argument from evidence

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Unit Unit Title

Unit 3: Defining and Measuring Crime


Unit 3 Defining and Measuring Crime Lesson: Classification of Crimes Day 1 of 4 Classification of Crime 1. Civil law and criminal law a. Two categories of law distinguished by their primary goal b. Criminal law i. Criminal justice system is concerned with protecting society from harm by preventing and prosecuting crimes ii. Crime is an act so reprehensible that it is considered a wrong against society as a whole iii. State prosecutes a person who commits a criminal act iv. Persons found guilty of a crime will be punished by government c. Civil law i. Includes all types of law other than criminal law ii. Concerned with disputes between private individuals and between entities iii. Proceedings in civil lawsuits are normally initiated by private individuals (plaintiff v. defendant) iv. Disputes may involve terms of a contract, ownership of property, or an automobile accident 2. Guilt and responsibility a. A criminal court determines if a defendant is guilty of the criminal offense he or she has been charged b. A civil court is concerned with assigning responsibility (liability) for the plaintiffs injury or loss 3. Burden of proof a. Two systems, criminal law and civil law, are completely separate in the modern legal system, but have similarities b. Both attempt to control behavior by imposing sanctions on those who violate the law c. Often supplement each other, as a victim may file a civil suit against an individual who is also the target of criminal prosecution i. The burden of proof in criminal court is beyond a reasonable doubt, a much greater standard than what is applied in civil court ii. The burden of proof in civil court is preponderance of the evidence d. Felonies and misdemeanors i. Crimes are classified as felonies or misdemeanors based on their degree of seriousness ii. Felonies are serious crimes punishable by death or imprisonment in a federal or state penitentiary for one year or longer 37

Number of Days Key Points

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1. Capital offensesmaximum penalty is death 2. First degree feloniesmaximum penalty is life imprisonment 3. Second degree feloniesmaximum is ten years imprisonment 4. Third degree feloniesmaximum of five years imprisonment iii. Degrees of murderspecifics vary from state to state 1. Murder in the first degreewhen the crime is premeditated and deliberate 2. Murder in the second degreeoccurs when there is no premeditation or deliberation, but the perpetrator did have malice aforethought toward the victim 3. Homicidewithout malice aforethought towards the victim, known as manslaughter 4. Voluntary manslaughter occurs when the intent to kill was present, but malice was lacking 5. Involuntary manslaughter occurs when the actions of the defendant were careless, but there was no intent to kill iv. Degrees of misdemeanor 1. Misdemeanors include any crime that is not a felony 2. Punishable by a fine or by confinement for up to a year 3. If imprisoned, the guilty party goes to a local jail instead of a penitentiary a. Gross misdemeanorsoffenses punishable by thirty days to a year in jail b. Petty misdemeanorsoffenses punishable by fewer than thirty days in jail c. Infractionspunishable only by a small fine and does not appear on an accuseds criminal record e. Mala in se and Mala prohibita i. Mala in se 1. Considered wrong even if there were no law prohibiting it 2. Said to go against natural laws 3. Against the natural, moral, and public principles of society a. Examples include murder, rape, and theft ii. Mala prohibita 1. Refers to acts that are considered crimes only because they have been codified as such through statute 2. Human-made laws 3. Considered wrong only because it has been prohibited; it is not inherently wrong 4. Definitions can vary from country to country or state to state

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Daily Objectives

Ch. 3 (LO1, LO2, LO3) Students will I. Discuss the primary goals of civil law and criminal law in order to explain what actions are necessary to achieve these goals II. Explain the differences between crimes mala in se and mala prohibita III. Identify the publication in which the FBI reports crime data in order to list ways in which data is reported Chapter 3 None noted http://landmarkcases.org This site was developed to provide teachers with a full range of resources and activities to support the teaching of landmark Supreme Court cases, helping students explore the key issues of each case. http://www2.fbi.gov/ucr/cius2009/about/crime_measures.html The Nations Two Crime Measures The U.S. Department of Justice administers two statistical programs to measure the magnitude, nature, and impact of crime in the Nation: the Uniform Crime Reporting (UCR) Program and the National Crime Victimization Survey (NCVS). Each of these programs procedures valuable information about aspects of the Nations crime problem. Because the UCR and the NCVS programs are conducted for different purposes, use different methods, and focus on somewhat different aspects of crime, the information they produce together provides a more comprehensive panorama of the Nations crime problem than either could produce alone.

Student Textbook Resources CD Resources Internet Resources

Linking Concept

Unit 2: Causes of Crime - Theory in Criminology 1. Criminology is the study of crime in which researchers have developed a number of theories concerning the causes of crime. 2. A theory is an explanation of a happening or circumstance that is based on observation, experimentation, and reasoning. 3. Researchers observe facts and their consequence to develop hypotheses about what will occur when a similar fact pattern is present in the future.

STEM 3. Interpret and Communicate Information from Science, Technology, Engineering, and Correlation Mathematics STEM proficient students will interpret and communicate information from science, technology, engineering, and mathematics to answer complex questions, to investigate global issues, and to develop solutions for challenges and real world problems. A. Identify, analyze, and synthesize appropriate science, technology, engineering, and mathematics information (text, visual, audio, etc.).

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B. Apply appropriate domain-specific vocabulary when communicating science, technology, engineering, and mathematics content. C. Engage in critical reading and writing of technical information. D. Evaluate and integrate multiple sources of information (e.g., quantitative data, video and multimedia) presented in diverse formats. 4. Engage in Inquiry STEM proficient students will engage in inquiry to investigate global issues, challenges, and real world problems. A. Ask questions to identify and define global issues, challenges, and real world problems. B. Conduct research to refine questions and develop new questions. Important None Court Cases *Information above related to FFT 1a, 1c, 1e*

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Warm-up (10 min): How will I focus, prepare and engage students for the lessons objective? What are three possible categories of crimes? (actions criminal law and civil law; intent mala in se or mala prohibitia; classes felonies and misdemeanors) Create a mnemonic device to remember these categories. Engage (10 min): The students use prior knowledge and the students current conceptions and misconceptions to engage the student in the topic. Students can be separated into groups of 4 or 5 members each. Each group is now a Crime Task Force and each member must invent and describe how they will find, gather and report crime statistics. Each student will describe the method and tools used to measure crime in their community. If one student is not able to invent a different method from other members, then two members may work on creating the tools and how to report the statistics for the same method. Sets of two groups will be formed and they will explain to each other the methods they have invented. The listening group will write down two possible outcomes of each method, one positive and one negative. The set of two groups will take a turn presenting and then listening or listening and then presenting with each other. Explain: (20 min): Explanation is the point at which the learner begins to put the abstract experience through which she/he has gone through into a communicable form. (1e) Students will read selected sections of Chapter 3 in their textbook to construct an outline of the two types of American laws, pp. 69 76. apply concepts to propose solutions to hypothetical situations Explore: (30 min): The students use inquiry skills and current conceptions to think critically about a concept and to ask relevant questions during hands-on activities that teach. (1e) Applying Concepts to Hypothetical Situations I. Two fathers, John and Phil, get in a heated argument following a dispute between their sons in a Little League baseball game. They come to blows, and John strikes Phil in the temple, killing him. Will John be charged with voluntary manslaughter or involuntary manslaughter? What other details might you need to be sure of your answer? a. What started the argument? What was the verbal exchange like? b. How many persons were involved? c. Was their provocationwhat led to the verbal argument then fight? d. Are there self-defense issues? e. Are there any other mitigating factors to reduce culpability such as mental illness, insanity? f. Were there any weapons involved? g. How did the strike take place? Was the temple struck intentionally or was it struck inadvertentlyin other words did John attempt to hit Phils arm but instead struck his temple.

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Explore contd: (30 min): The students use inquiry skills and current conceptions to think critically about a concept and to ask relevant questions during hands-on activities that teach. (1e) Applying Concepts to Hypothetical Situations II. Two fathers, John and Phil, get in a heated argument following a dispute between their sons in a Little League baseball game. They come to blows, and John strikes Phil in the temple, killing him. Will John be charged with voluntary manslaughter or involuntary manslaughter? What other details might you need to be sure of your answer? a. What started the argument? What was the verbal exchange like? b. How many persons were involved? c. Was their provocationwhat led to the verbal argument then fight? d. Are there self-defense issues? e. Are there any other mitigating factors to reduce culpability such as mental illness, insanity? f. Were there any weapons involved? g. How did the strike take place? Was the temple struck intentionally or was it struck inadvertentlyin other words did John attempt to hit Phils arm but instead struck his temple. III. Assume you are a criminologist who wants to determine the extent to which high school students engage in risky behavior such as abusing alcohol and illegal drugs, carrying weapons, and contemplating suicide. How would you go about gathering these data? a. Administering a self-reported survey allows criminologists the opportunity to ask people directly about the behaviors they participate in. These surveys are most useful in situations in which the group being studied is already gathered in an institutional setting. In this case, it would be possible to survey youth in middle schools and high schools, or young people who are incarcerated in a juvenile facility. Elaborate (5 min): How will the students expand on the concepts they have learned, make connections to other related concepts, and apply their understandings to the world around them. (1e) On the web, find the federal, state, county and municipal crime statistics for your jurisdiction. Do they all seem to agree? Write a summary evaluation of their adequacy. Then, ask students to identify what they feel are the most serious issues facing your community or region. Closing (10 min): How will I close out the class and have the students synthesize the information learned? (1e) Students will create and compare two lists: one will contain examples of criminal laws and the other will contain examples of situations that civil laws regulate.

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Unit Unit Title Number of Days Key Points

Unit 3 Unit 3: Defining and Measuring Crime Lesson: Acquiring Reliable Crime Data UCR and NIBRS Day 2 of 4 The Uniform Crime Report Uniform Crime Report (UCR) released each year since its inception in 1930 as an attempt to measure the overall crime rate in the United States The UCR is produced by the Federal Bureau of Investigations (FBI) UCR is reliant upon the voluntary participation of local law enforcement agencies, with three measurements Number of persons arrested Number of crimes reported by victims, witnesses, or police themselves Number of officers and support law enforcement specialists The UCR presents data in two ways As a rate As a percentage Part I offenses Those crimes that, due to their seriousness and frequency, are recorded by the FBI to give a general picture of crime in the United States There are eight Part I offenses: criminal homicide, forcible rape, robbery, aggravated assault, burglary, larceny/theft, motor vehicle theft, and arson Part I offense are most likely to be covered by the media, and as a result, inspire the most fear in the population Part II offenses Those crimes that can be designated as either felonies or misdemeanors Measured only by arrest data The UCR: A Flawed Method? Not all crime is reported, and therefore reflected in the UCR Police agencies may underreport crime Offenses may not be consistently defined from agency to agency The National Incident-Based Reporting System (NIBRS) Department of Justice began seeking ways to improve its data-collecting system in 1980s Local agencies collect data on each single crime occurrence within twentytwo offense categories Data are recorded on computerized record systems provided by the federal government NIBRS presents a more complete picture of crime by monitoring all criminal incidents reported to the police, not just those that lead to an arrest Also includes bias motivations of offenders, thus may provide insight on hate crimes Students will: L04: Distinguish between Part I and Part II offenses as defined in the Uniform Crime Report (UCR). LO5: Describe some of the shortcomings of the UCR as a crime-measuring tool.

Daily Objectives

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Student Textbook Resources CD Resources Internet Resources

Chapter 3 None Noted http://www.fbi.gov/about-us/cjis/ucr/data_quality_guidelines Data Quality Guidelines: Data on the Internet and Special Compilations, Standards for Disseminated Data Basic Quality Standards This document provides guidance to the staff of the FBI administering the Uniform Crime Reporting (UCR) Program and informs the public of the FBIs policies and procedures for receiving, reviewing, and responding to requests for correction of disseminated UCR data. These guidelines are not a regulation. They are not legally enforceable and do not create any legal rights or impose any legally binding requirements or obligations on the FBI, the UCR Program, or the public. http://blogs.usdoj.gov/blog/archives/173 Childrens Exposure to Violence Ask students to go online to the United States Department of Justice and read about the National Survey on Childrens Exposure to Violence, Ask students to discuss the type of data collection used in this project (victim survey, self-reported survey, etc.), and also what we can learn about crime by evaluating research projects like this one.

STEM Correlation

1. Learn and Apply Rigorous Science, Technology, Engineering, and Mathematics Content STEM proficient students will learn and apply rigorous content within science, technology, engineering, and mathematics disciplines to answer complex questions, to investigate global issues, and to develop solutions for challenges and real world problems. A. Demonstrate an understanding of science, technology, engineering, and mathematics content. B. Apply science, technology, engineering, or mathematics content to answer complex questions, to investigate global issues, and to develop solutions for challenges and real world problems. 3. Interpret and Communicate Information from Science, Technology, Engineering, and Mathematics A. Identify, analyze, and synthesize appropriate science, technology, engineering, and mathematics information (text, visual, audio, etc.). B. Apply appropriate domain-specific vocabulary when communicating science, technology, engineering, and mathematics content. C. Engage in critical reading and writing of technical information. D. Evaluate and integrate multiple sources of information (e.g., quantitative data, video and multimedia) presented in diverse formats.

*Information above related to FFT 1a, 1c, 1e*


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Unit Unit Title Number of Days Key Points

Unit 3 Unit 3: Inside Criminal Law Lesson: Alternative Methods of Measuring Crime Day 3 of 4 I. Alternative Measuring Methods a. Victim surveys i. An alternative source of data collection attempting to avoid distorting influences of local police agencies ii. Victims are asked directly about their experiences of crime, using techniques of mail or phone surveys iii. Results indicate a higher victimization rate than had been previously expected 1. Researchers believe that a better understanding of the dark figure of crime is revealed through victim surveys 2. Dark figure of crime is the actual amount of crime that occurs in the country iv. The National Crime Victimization Survey (NCVS) 1. Started in 1972 2. Conducted by the U.S. Bureau of the Census in cooperation with the Justice Departments Bureau of Justice Statistics 3. An annual survey of more than 40,000 households with nearly 75,000 occupants over 12 years of age 4. Participants are interviewed twice a year concerning their experiences with crimes in the prior six months 5. Highlighted aspects a. Measures both reported and unreported crime b. Unaffected by the police bias and distortions in reporting the crime to the FBI c. Does not rely on victims directly reporting crime to the police v. Self-reported surveys 1. Form of data collection, in which persons are asked directly through personal interviews or questionnaires, or over the telephone, about specific criminal activity to which they may have been a party 2. Most useful in situations in which the group to be studied is already gathered in an institutional setting One of the most used self-reported survey is the Drug Use Forecasting Program which collects data on drug use from arrestees during booking Students will: L04: Distinguish between Part I and Part II offenses as defined in the Uniform Crime Report (UCR). LO5: Describe some of the shortcomings of the UCR as a crime-measuring tool LO6: Distinguish between the National Crime Victimization Survey and self-reported surveys.

Daily Objectives

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Student Textbook Resources CD Resources Internet Resources

Chapter 3 None Noted http://www.census.gov/history/www/programs/demographic/national_crime_victim ization_survey.html National Crime Victimization Survey In the early 1970s, research by the National Opinion Research Center and the President's Commission on Law Enforcement, and the Administration of Justice indicated that many crimes were not reported to police. In response, the U.S. Census Bureau began conducting the annual National Crime Victimization Survey in 1973. http://www.unodc.org/unodc/en/data-and-analysis/United-Nations-Surveys-onCrime-Trends-and-the-Operations-of-Criminal-Justice-Systems.html United Nations Survey on Crime Trends and Operations of Criminal Justice Systems The collection of statistics on crime at the international level was first considered in 1853. The Economic and Social Council, in its resolution 1984/48 of 25 May 1984, requested that the Secretary-General maintain and develop the United Nations crime-related database by continuing to conduct surveys of crime trends and the operations of criminal justice systems. The major goal of the United Nations Surveys on Crime Trends and the Operations of Criminal Justice Systems is to collect data on the incidence of reported crime and the operations of criminal justice systems. 5. Engage in Logical Reasoning STEM proficient students will engage in logical reasoning to answer complex questions, to investigate global issues, and to develop solutions for challenges and real world problems. A. Engage in critical thinking. B. Evaluate, select, and apply appropriate systematic approaches (scientific and engineering practices, engineering design process, and/or mathematical practices). C. Apply science, technology, engineering, and mathematics content to construct creative and innovative ideas. D. Analyze the impact of global issues and real world problems at the local, state, national, and international levels.

STEM Correlation

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Unit Unit Title Number of Days Key Points

Unit 3 Unit 3: Defining and Measuring Crimes Lesson: Trends in Crime Today Day 4 of 4 1. Crime Trends Today a. Crime rates as measured by the UCR, NCVS, and other reporting instruments reflect only the tip of the iceberg of crime data b. Due to the efforts of government law enforcement agencies, educational institutions, and private individuals, more data is available on crime today than at any time in the nations history c. On the Rise: Crime in the 1960s and 1970s i. Two large scale crime increases since the 1960s, one that lasted through the 1970s and another shorter, more dramatic increase peaking in 1991 ii. Factors to explain the increase in the 1960s and 1970s 1. imprisonment 2. youth populations 3. the economy d. Age and Crime: The Peak Years i. During the 1970s there was a sharp increase in the youth population ii. The strongest statistical determinant of criminal behavior appears to be age iii. Criminal behavior peaks in the teen years e. Crime and the Economy i. The 1970s were a difficult period for the American economy ii. High unemployment rates and falling wages contributed to the crime increases of that decade f. Drug Wars: Crime in the 1980s i. The impact of crack cocaine 1. young, low-income males recruited into the drug trade 2. increase in firearms and handgun related offending ii. The methamphetamine scourge 1. epidemic emerged in the 2000s 2. meth can be produced in home laboratories and provides a cheap high 3. related to increased offending 4. children taken away from parents using meth are referred to as meth orphans iii. An alternate view of drug offending suggests that drugs do not cause crime per se, but rather crimes take place because drugs are illegal g. Looking Good: Crime in the 1990s and 2000s i. The longest and steepest decline in offending in the twentieth century occurred in the 1990s ii. Since the 2000s, crime rates have been impressively flat

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iii. There are several developments that suggest increased crime rates may be forthcoming 1. the economy 2. states releasing prisoners h. Crime, race, and poverty i. Race and crime 1. Minority groups are overrepresented in terms of offending, arrest rates and rates of imprisonment 2. The rate of violent crime is associated much more strongly with family disorganization than race ii. Class and crime 1. Recent research indicates that family earning power had the only significant correlation with violent behavior 2. Lack of education, as a handicap faced by low-income citizens, seems to correlate with criminal activity 3. However, poverty does not cause crime, higher arrest rates may be related to a willingness on the part of police to arrest those in low-income neighborhoods iii. Ethnicity and crime 1. Race refers to physical characteristics while ethnicity refers to national or cultural background 2. There is often a distinct lack of data regarding ethnicity and offending 3. Latinos are the fastest growing minority group and account for 40% of those convicted of federal offenses 4. Research indicates that strong social ties in immigrant populations create an environment that is antithetical to crime iv. Women and crime 1. Crime is a predominantly male activity 2. While women represent a small number of arrests, the number of female offenders in the criminal justice system is rapidly increasing a. Adler suggests that as women gain equality socially they also offend at higher rates b. Women are being treated more harshly by the system Daily Objectives Students will: LO7: Identify the three factors most often used by criminologists to explain changes in the nations crime rate. LO8: Explain why issues of race and ethnicity tend to be overstated when it comes to crime trends. LO9: Discuss the prevailing explanation for the rising number of women incarcerated in the United States.

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Student Textbook Resources Internet Resources

Chapter 3 http://bjs.ojp.usdoj.gov/ Bureau of Justice Statistics View BJS publications and products (to include press releases, data tables) by conducting a search, selecting a topic, or selecting a product type. You can then click on a title to view the item's description/abstract and connect to the files associated with the publication/product. 4. Engage in Inquiry STEM proficient students will engage in inquiry to investigate global issues, challenges, and real world problems. A. Ask questions to identify and define global issues, challenges, and real world problems. B. Conduct research to refine questions and develop new questions.

STEM Correlation

*Information above related to FFT 1a, 1c, 1e*

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Unit 4: Inside Criminal Law


Unit Unit Title Unit 4 Unit 4: Inside Criminal Law, Days 1-6 Lesson: Sources of Law and Applications of Forensic Science Day 1 of 6 Four written sources of American criminal law (LO2 p100) US Constitution Basis of law in the United States Statutory Law Made up of laws passed by Congress (Federal Statutes and those of State Legislatures (State Statutes) Statutory Law also includes local ordinances passed by local county and city jurisdictions. Administrative Law Includes the rules orders, and decisions passed down by State and Federal regulatory agencies. i.e., Tax Law established by the IRS or safety laws established by OSEA, Environmental Laws established by the EPA. Case Law Established through the tradition of Common Law, case law depends on the courts interpretation of how a statute is written and the precedents on that statute. The Idea of Torts and Advancements in Technology: Yesterday, Today and Tomorrow 1. There is a difference between regulation of new technology through criminal law and regulation through tort law. a. For example, there may be statutes requiring automobile manufacturers to meet certain emissions standards or to include certain safety features such as seat belts and air bags. However, automobiles are also regulated by courts in the sense that persons injured as a result of defective automobiles can sue for damages from the manufacturers through civil lawsuits. 2. The tort system has several advantages. By making product manufacturers responsible for the injuries to consumers caused by the product, companies will engage in the following cost-benefit analysis: It would be most cost-effective to spend money on safety as long as the company will save money on the injuries (and thus liability) avoided by the safety expenditure. 3. Courts may be institutionally more suited to establish what safety features in a particular industry are currently available, economically feasible, and desirable by both consumers and manufacturers (from Glencoe Street Law: A Course in Practical Law, 7th edition Teachers Manual). Daily Objectives Students will 1. explore several sources of American laws in order to connect the process of lawmaking to the ideas of who and how can laws be challenged and changed to improve society. 2. identify the roles of federal, state, and local legislatures in making laws.

Number of Days Key Points

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Student Textbook Resources CD Resources Internet Resources

Chapter 4 None noted http://landmarkcases.org This site was developed to provide teachers with a full range of resources and activities to support the teaching of landmark Supreme Court cases, helping students explore the key issues of each case. http://www.aetv.com/class/admin/study_guide/archives/aetv_guide.0184.html A&E Biography In 1954, the landmark Supreme Court decision, Brown v. The Board of Education, ended legal segregation in the United States. This momentous decision was the result of two decades of legal work by Thurgood Marshall. Marshall worked doggedly for over five decades to bring legal equality to all Americans. He eventually became the first African American appointed to the Supreme Court, and was one of the most influential people of the twentieth century. http://www.nytimes.com/imagepages/2009/03/24/us/24savana_graph.ready.html Strip-Search of Girl Tests Limit of School Policy Savana Redding, 19, was strip searched six years ago when teachers suspected that she had brought prescription pills to school.

Linking Concept

Unit 2: Causes of Crime - Theory in Criminology 4. Criminology is the study of crime in which researchers have developed a number of theories concerning the causes of crime. 5. A theory is an explanation of a happening or circumstance that is based on observation, experimentation, and reasoning. 6. Researchers observe facts and their consequence to develop hypotheses about what will occur when a similar fact pattern is present in the future. 4. Engage in Inquiry STEM proficient students will engage in inquiry to investigate global issues, challenges, and real world problems. A. Ask questions to identify and define global issues, challenges, and real world problems. B. Conduct research to refine questions and develop new questions.

STEM Correlation

Important Dred Scott vs. Sanford (1856), Plessy vs. Ferguson (1896), Brown vs. Board of Education of Court Cases Topeka, Kansas (1954), Safford Unified School District vs. Redding (2009) *Information above related to FFT 1a, 1c, 1e*
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Warm-up (10 min): How will I focus, prepare and engage students for the lessons objective? In what situations may there be exceptions to the privacy rights guaranteed in the Constitution? (no reasonable expectation of privacy, automobile exception, & when police have a reasonable believe that there is imminent danger of evidence being removed or destroyed) Engage (10 min): The students use prior knowledge and the students current conceptions and misconceptions to engage the student in the topic. What are your rights to privacy as a student? How do the 3rd, 4th and 14th Amendment create a blanket of privacy guaranteed to citizens by the United States government? Explain: (20 min): Explanation is the point at which the learner begins to put the abstract experience through which she/he has gone through into a communicable form. (1e) Students will 1. read selected sections of Chapter 4 in their textbook to construct an outline of the four sources of American laws 2. explore how regulatory agencies regulations have the force of law in order to explain why these agencies may be viewed as hidden lawmakers 3. draw conclusions between court case outcomes and evolution of legal precedents in order to explain the balance government needs to achieve between maintaining order and safety and individual rights. 4. view video clips about Supreme Court Justice Thurgood Marshall and his influential decision in Brown vs. Board of Education landmark Supreme Court case. http://www.aetv.com/class/admin/study_guide/archives/aetv_guide.0184.html 5. record notes while viewing the video of legal terms they recognize, legal terms they do not recognize, and their impressions of Thurgood Marshalls role, judgment and decision in a major court case with crucial social impacts. Explore: (30 min): The students use inquiry skills and current conceptions to think critically about a concept and to ask relevant questions during hands-on activities that teach. (1e) Acting Out a Problem Students can act out mathematical, scientific, or social problems to improve their comprehension. Choice Assignment Outcome/Perform ance indicator Basic Design and create a poster to share information with the class. Intermediate Perform a skit to reenact and explain process of lawmaking. Advanced Perform an original lyrical composition that conveys lawmaking procedures and its impacts on society.

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Instruction/Learni ng Activity

Discuss sources of laws and use responses from warm-up prompt about a blanket of privacy as one area of society laws and criminal procedures were fashioned around. Students work must reflect different sources of laws and how government balances rights and maintaining order and safety of the people. the Constitution, court cases briefs

Create dialogue and action for a skit to be performed by a small group of students, in which each student has a speaking and acting role. Student performances must depict how legislatures, courts and government agencies make laws. Students work must reflect different sources of laws and how government balances rights and maintaining order and safety of the people. the Constitution, court cases briefs, and an excerpt from a college textbook

Assessment

Create a rap song or any style of poetry, with rhyming lyrics about four sources of laws: Constitution, government agencies, legislatures, and court cases. Students must incorporate possible conflicts between regulations and individual rights. Students work must reflect different sources of laws and how government balances rights and maintaining order and safety of the people. the Constitution, court cases briefs, and an excerpt from a college textbook

Resources

Students will share drafts of their acting out a problem composition with two students to receive two or three changes the other students think would enhance their composition or presentation of material. Evaluate/Formative Assessment (10 min): How will I reinforce the objectives importance and its link to past and future learning? How will the formative assessment relate to their homework? (1e, 1f) Assessment Students work must reflect different sources of laws and how government balances rights and maintaining order and safety of the people. Students work must reflect different sources of laws and how government balances rights and maintaining order and safety of the people. Students work must reflect different sources of laws and how government balances rights and maintaining order and safety of the people.

Students will complete a presentation rubric from experiencing classmates poster, role-play, song or poem in order to assess whether each performance group explained the lessons key content concepts and vocabulary in a way others can easily comprehend. Students will share the rubric they completed of the student performance group of their choice in order to identify strengths and weaknesses in others mastery of the lessons key content concepts and vocabulary.

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Closing (10 min): How will I close out the class and have the students synthesize the information learned? (1e) Students will compare the list of privacy rights to the actual rights of privacy in the Constitution. Homework: Write a one-paragraph response to the student who completed the rubric of your presentation. Be sure students are instructed to write with a tone of courtesy and truthfulness and not of retaliation or hurt feelings based on criticism they might have received.

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Unit Unit Title Number of Days Key Points

Unit 4 Unit 4: Inside Criminal Law Lesson: Law and Forensic Science Day 2 of 6 American Law and Science A strong interface has developed between the criminal justice system and forensic scientific evidence. As forensic science serves the criminal justice system and the challenges of communicating complex scientific evidence in a court of law. One of the greatest challenges encountered by those in the forensic sciences is anticipating what the state and federal courts will or will not allow as valid. Forensic specialists deal with both criminal and civil cases Forensic DNA analysis permits law enforcement to match DNA evidence left at a crime scene potentially from the perpetrator of the crime scene. DNA evidence has facilitated both apprehension of criminals and exoneration of those wrongly arrested or incarcerated. As the use of forensic DNA analysis expands, however, so too do legal and ethical concerns. The Federal Bureau of Investigation (FBI) began incorporating DNA testing into criminal investigations in 1988. State crime laboratories soon followed, and the FBI recognized the potential value of linking these laboratories, so they developed the Combined DNA Index System (CODIS), a fully integrated enforcement system of DNA records from national, state, and local crime laboratories. (from the Genetics and Public Policy Center, Washington, DC) Doctrine of Stare Decisis (LO1 p99) o The use of precedents (prior cases that are similar). o Makes courts more efficient. o Provides stability in the legal system. o Higher courts set precedent for the lower courts to follow.

Daily Objectives

Students will: explore an issue brief about genetics and public policy in order to introduce an interface between criminal investigation and securing individual rights. perform the hair evidence activity in order to investigate the role of DNA Typing in the analysis of hair. Chapter 4 None Noted

Student Textbook Resources CD Resources

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Internet Resources

http://www.dnapolicy.org/images/issuebriefpdfs/DNA,%20Forensics,%20and%20the%20 Law%20Issue%20Brief.pdf Genetics & Public Policy Center Issue Brief, July 24, 2007 As the use of forensic DNA analysis expands, so too do legal and ethical concerns. Proponents of database expansions say larger DNA databases help solve crimes faster, thereby stopping criminals before they can strike again. Two types of privacy interests arise in the context of the collection and use of DNA for criminal justice: (1) privacy concerns raised by governmental intrusion (both physical and psychological) when DNA is collected and (2) privacy concerns are raised by the governments retention of the biological sample from which the profile is derived. http://www.forensicentomology.com/definition.htm Forensic Entomology: Insects in Legal Investigations Website & Field Identification Cards Forensic entomology is the use of the insects, and their arthropod relatives that inhabit decomposing remains to aid legal investigations. The damage caused by their mandibles (or mouthparts) as they feed can produce markings and wounds on the skin that may be misinterpreted as prior abuse. Urban pests are of great economic importance and the forensic entomologist may become involved in civil proceedings over monetary damages. http://www.streetlaw.org/en/Page/692/Precedent_and__Stare_Decisis Street Law Lesson Activity: Precedent and Stare Decisis Students will discuss the merits of using precedent and the definition of stare decisis. Students will be given quotes written by Supreme Court Justices in a variety of cases and they will be asked to defend their thoughts on acceptable reasons for using precedent, overturning precedents, or creating new precedents. 1. Learn and Apply Rigorous Science, Technology, Engineering, and Mathematics Content STEM proficient students will learn and apply rigorous content within science, technology, engineering, and mathematics disciplines to answer complex questions, to investigate global issues, and to develop solutions for challenges and real world problems. A. Demonstrate an understanding of science, technology, engineering, and mathematics content.

STEM Correlation

B. Apply science, technology, engineering, or mathematics content to answer complex questions, to investigate global issues, and to develop solutions for challenges and real world problems. *Information above related to FFT 1a, 1c, 1e*

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Unit Unit Title Number of Days Key Points

Unit 4 Unit 4: Inside Criminal Law Lesson: Criminal Defenses An explanation (Part 1) Day 3 of 6 Excuse defenses for crimes (LO6 p114) Infancy Early provided that children under seven years of age cannot be held legally accountable for crimes. Those between 7-14 were judged to lack the capacity for criminal behavior. With the development of the juvenile court system children under 18 are judged on a case-by-case basis to determine if they will be tried as an adult or remain in juvenile system. Insanity Determination of a persons mental state in order to decide if they knew the act committed was wrong. o Does not perceive the physical nature or consequences of his or her conduct. o Does not know that his or her conduct is wrong o Is not sufficiently able to control his or her conduct so as to be held accountable for it. o MNaughton Rule- A person cannot distinguish between right and wrong so they cannot be held criminally responsible. Intoxication There are two types of intoxication by alcohol or drugs; voluntary and involuntary. o Voluntary Intoxication is used to defend that a suspect was too intoxicated to have intent. Several states have eliminated voluntary intoxication as a defense. o Involuntary Intoxication when the accused was either forced to take or did not know they were taking a intoxicant that may cause them to enter an altered mental state in which right and wrong could not be determined. Duress exists when the wrongful threat of one person induces another person to perform an act that he or she would otherwise not perform. Duress must contain each of the following requirements. Necessity Committing a crime in order to prevent another crime from occurring. Necessity Defense cannot be used in cases of murder. Entrapment Occurs when agents of the State encourage the accused to have engaged in criminal activity they would not otherwise have engaged in. Mistake Occurs if there is a mistake of law or a mistake of fact. o Mistake of Law Occurs if the law was not published or reasonably known to the public or if the accused relied on an official statement of the law that was erroneous. o Mistake of Fact If Jack picks up Jills briefcase thinking it was his because he has a similar one then he cannot be charged with theft. This defense is also used in rape cases when the accused claims the sex was consensual.

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Daily Objectives

Students will: describe how the defense of infancy can be applied. distinguish between circumstances that make intoxication a valid defense in order to realize those details that make it an invalid defense. identify the basic idea behind the insanity defense in order to explain when that defense applies and when it does not apply. explain when necessity and duress can not be used as defenses of criminal acts. Chapter 4 None Noted http://www.nytimes.com/2003/11/16/magazine/should-john-hinckley-gofree.html?pagewanted=all&src=pm New York Times Article: Should John Hinckley Go Free? By Michael Sokolove, Published: November 16, 2003 None 5. Engage in Logical Reasoning STEM proficient students will engage in logical reasoning to answer complex questions, to investigate global issues, and to develop solutions for challenges and real world problems. A. Engage in critical thinking. B. Evaluate, select, and apply appropriate systematic approaches (scientific and engineering practices, engineering design process, and/or mathematical practices). C. Apply science, technology, engineering, and mathematics content to construct creative and innovative ideas. D. Analyze the impact of global issues and real world problems at the local, state, national, and international levels.

Student Textbook Resources CD Resources Internet Resources

Linking Concept STEM Correlation

Important Court Cases

Durham vs. United States (1954), United States vs. John Hinckley, Jr. (2003)

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Unit Unit Title Number of Days Key Points

Unit 4 Unit 4: Inside Criminal Law Lesson: Criminal Defenses Justifications (Part 2) Day 4 of 6 Four most important justifications establishing criminal defenses (LO7 p118) 1. The threat must be of serious bodily harm or death. 2. The harm threatened must be greater than the harm caused by the crime. 3. The threat must be immediate and inescapable. 4. The level of force employed by the defendant can be considered reasonable in a given situation. Defendants must have become involved in the situation through no fault of his or her own 1. Self Defense A person who believes that he or she is in danger of being harmed by another is justified in defense of himself or herself with the use of force. Covers only acts used to protect oneself or ones property, and property only in some states. 5. Non-Deadly Force The minimum amount of force used to protect the individual or their property. 6. Deadly Force An amount of force that will likely cause death or serious bodily harm. This type of force can be used only when the accused believes that he or she will be inflicted with death or serious bodily harm. 7. Duty to retreat A person in a public place may not use deadly force if they have a reasonable opportunity to run away.

Daily Objectives

Students will: identify two defenses that prove that a criminal act should be considered excusable or justifiable. describe circumstances under which the law recognizes the right of a person to use reasonable force in self-defense. develop logical arguments used to determine the extent to which force can be used in defense of ones property. Chapter 4 http://usnews.msnbc.msn.com/_news/2012/03/20/10780286-florida-stand-yourground-law-could-complicate-trayvon-martin-teen-shooting-case?lite Florida Stand Your Ground Law Could Complicate The Trayvon Martin Teen Shooting Case Floridas 2005 Stand Your Ground law, which says a citizen doesnt have to retreat before using deadly force against an attacker, could throw a legal wrinkle into the case of a neighborhood watch captain who shot to death an unarmed black teenager. 59

Student Textbook Resources Internet Resources

Curriculum Framework Progress Guide-High School Forensics Law Prince Georges County Public Schools

http://billofrightsinstitute.org/resources/educator-resources/lessons-plans/bill-ofrights-in-the-news/stand-your-ground/ Bill of Rights Institute Castle Doctrine and Stand your Ground Law e-Lesson Activity Media coverage of the Trayvon Martin case has brought Stand-Your-Ground laws to the attention of many throughout the country. Some have speculated that George Zimmerman, charged with second-degree murder in the shooting death of Martin, may cite Floridas Stand-Your-Ground law in his defense. Floridas Stand-Your-Ground law was passed in 2005. The law allows those who feel a reasonable threat of death or bodily injury to meet force with force rather than retreat. Similar Castle Doctrine laws assert that a person does not need to retreat if their home is attacked. Over half of the states in the United States have forms of Stand-Your-Ground or Castle Laws laws on their books, and more states are considering adding these laws. What constitutional protections and issues are related to these laws? STEM Correlation 4. Engage in Inquiry STEM proficient students will engage in inquiry to investigate global issues, challenges, and real world problems. A. Ask questions to identify and define global issues, challenges, and real world problems. B. Conduct research to refine questions and develop new questions. Important Court Cases Unit 2: Causes of Crime - Theory in Criminology 7. Criminology is the study of crime in which researchers have developed a number of theories concerning the causes of crime. 8. A theory is an explanation of a happening or circumstance that is based on observation, experimentation, and reasoning. Researchers observe facts and their consequence to develop hypotheses about what will occur when a similar fact pattern is present in the future.

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Unit Unit Title Number of Days Key Points

Unit 4 Unit 4: Inside Criminal Law Lesson: Types of Due Process Day 5 of 6 Importance of the due process clause in the criminal justice system (LO9 p123) Due Process Clause Dictates that no person shall be deprived of life, liberty or property without due process of law. o This means that the courts cannot sentence people to death without a trial or with a trial, without proper appeals. o The police cannot detain people without probable cause and they cannot be put in jail without having gone through the appropriate legal procedures. o Property cannot be invaded or taken by the state without warrant or recompense. Substantive and procedural criminal law differences (LO8 p120) The concept of due process began and developed in English and then in American law as a procedural concept. It was first developed as a requirement that government act fairly and use fair procedures. Fair procedures are of little value, however, if they are used to administer unfair laws. The Supreme Court recognized this fact toward the end of the nineteenth century. It began to hold that due process requires that both the ways in which government acts and the laws under which it acts must be fair. Thus, the Court added the idea of substantive due process to the original notion of procedural due process. Substantive Criminal Law Defines acts the government will punish (i.e., drug smuggling) Procedural Criminal Law Rules that define the manner in which the rights and duties of individuals may be enforced. These rule are primarily found in the Bill of Rights, for example right to an attorney and a trial by jury. Students will 1. predict which crimes require the government to prove a defendant had a guilty state of mind and other crimes where a criminals state of mind is irrelevant and the crimes they commit are dangerous for society. 2. investigate the historical development and current status of fundamental legal concepts, such as due process, legal authority, power and influence in order to become responsible citizens. Chapter 4 Handouts: Bills Bad Day, Due Process Amendments, White Powders Lab Power Point Presentation: Dangerous Drugs, Legal Aspects, Probable Cause and Searches

Daily Objectives

Student Textbook and Additional Resources

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Lab Resources

Internet Resources

Optional Assignment: White Powders Lab Samples of the six white powders (A-F) Scoopula Hand lens Black Construction Paper Aluminum foil Hot Plates Labels Lugols solution Disposable pipet Distilled water Dilute Acetic Acid 1M Sodium carbonate solution 7 test tubes and stoppers Stirring rod http://www.youtube.com/watch?v=LD3aw4-RJpE&feature=related The Night Tulsa Burned Part 1 9 minute-video segment THE NIGHT TULSA BURNED tells the long-buried tale of the tragic hours that brought Greenwood to a fiery end, and the misunderstanding that prompted the violence. The story is told through the testimony of survivors and hundreds of photos from the Tulsa museum that shown Greenwood before and after the horror. www.mva.maryland.gov Maryland Department of Transportation Motor Vehicle Administration Procedures and requirements for obtaining a drivers license

STEM Correlation

3. Interpret and Communicate Information from Science, Technology, Engineering, and Mathematics STEM proficient students will interpret and communicate information from science, technology, engineering, and mathematics to answer complex questions, to investigate global issues, and to develop solutions for challenges and real world problems. C. Engage in critical reading and writing of technical information. D. Evaluate and integrate multiple sources of information (e.g., quantitative data, video and multimedia) presented in diverse formats. 4. Engage in Inquiry STEM proficient students will engage in inquiry to investigate global issues, challenges, and real world problems. A. Ask questions to identify and define global issues, challenges, and real world problems. B. Conduct research to refine questions and develop new questions.

Goss vs. Lopez (1975), Griswold vs. Connecticut (1965), In Re Gault (1966), Mapp vs. Ohio (1962), Goldberg vs. Kelly (1970), Miranda vs. Arizona (1966), Gideon vs. Wainwright (1963) *Information above related to FFT 1a, 1c, 1e*

Important Court Cases

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Warm-up (10 min): How will I focus, prepare and engage students for the lessons objective? Ask the students: What are the general steps a person needs to take in order to get a drivers license? Allow students 5-7 minutes to formulate an answer for the prompt. Ask student volunteers for their responses. Project or print out a list of procedures and requirements in Maryland from the MVA website. Ask each student to mark a star shape next to one example of a correct response, and a question mark near an incorrect response to amend at the end of the lesson. Engage (10 min): The students use prior knowledge and the students current conceptions and misconceptions to engage the student in the topic. Observe the video segment The Night Tulsa Burned Part 1 in order to describe the alleged criminal act of an African-American man and Caucasian woman. Explain how the police officers in Tulsa, Oklahoma should have begun their investigation into the womans claim of rape in an elevator and what pieces of evidence they need to collect to be analyzed forensically in order prove/disprove this claim. Construct two drawings one of three correct procedures and one of three incorrect procedures that police officers, lawyers, and/or judges can take when investigating/trying a case. How (procedural procedures, methods) Examples include: stop and frisk search of his person upon taking him into custody or if lack of probable cause/reasonable suspicion an officer can conduct a stop (also known as an investigative detention); if taken into custody, an official interrogation can take place; a lawful arrest; bail or pretrial release hearing; trial; sentencing What (substantive- pieces of evidence and information) Examples include: DNA evidence samples of blood, urine, semen, saliva, hair, handwriting, fingernails, skin cells; alibi; witness statements; written testimonies; alleged weapons or items used as weapons (baseball bat, kitchen knife, lead pipe, rope, etc.); electronic/digital transmissions, records and correspondences

Explain: (20 min): Explanation is the point at which the learner begins to put the abstract experience through which she/he has gone through into a communicable form. (1e) Students will be assigned to work in groups of 4 as an Explanatory Team. Each team of students receives two handouts: Due Process Amendments and Bills Bad Day. Teacher assigns each group a set of amendments to become masters of. Teams will later share their findings with other groups so that all students are exposed to all amendments. Student Roles within their Explanatory Teams: 1. Student 1: Read the exact text of the document assigned 2. Student 2: Explain the meaning of due process of law in their own words 3. Student 3: Use their teammates explanation of dues process of law to create a hypothetical situation to pose to the class involving two of the four amendments in the handout 4. Student 4: Memorize the amendments that their group was assigned to become experts of. Answer the questions posed and guide the groups they present their findings to in order to help them arrive at plausible solutions to their teams hypothetical situation. Student Explanatory Teams will spend 10 minutes working, then 10 minutes working clockwise around the room to sit with another team and present their findings to each other. Students must wait their teams turn to speak and to listen.
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Explore: (30 min): The students use inquiry skills and current conceptions to think critically about a concept and to ask relevant questions during hands-on activities that teach. (1e) OPTION #1 Students will review the Constitutional source of due process, excerpts from the 3rd, 4th, 5th and 14th amendments, in order to hold a discussion with a classmate bout how due process affects police power and impacts individual rights. After whole group class reading of Bills Bad Day, students complete a related activity differentiated by complexity. Tiered Assignment Basic Outcome/Performance PSA Campaign indicator Instruction/Learning Students are asked Activity to write a public service announcement using jingles, slogans, or art to convey how the governments power is limited by peoples due process rights and what people can do to prevent violations of these rights. Intermediate Public Opinion Survey Students conduct a survey on peer awareness and understanding of due process rights and procedures the government must guarantee every citizen. They design a limited number of questions and decide how to report their results, such as with charts or in the form of a newscast. Advanced Round-Table Discussion Students debate the issue about the seriousness of changing due process rights and procedures or not changing rights and procedures. Each side must express a different viewpoint, with strong statements of support. Each student presenter must provide credible evidence to support his or her opinions and arguments. Each students debate presentation should include their argument for or against changing due process rights. 2 handouts: Due Process Amendments and Bills Bad Day

Assessment

Each announcement must include due process procedures, individual rights and advocacy recommendations. 2 handouts: Due Process Amendments and Bills Bad Day

Each chart or newscast must have due process procedures, individual rights, and public opinion responses that establish a trend. 2 handouts: Due Process Amendments and Bills Bad Day

Resources

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OPTION #2 Lab Experiment White Powders Lab The student will perform a series of tests in order to determine the identity of an unknown substance. As a member of the forensic science lab team you have been given samples of the drugs confiscated in a recent K-9 dog search. Due to the large amount of backlog in the lab, you have been asked to conduct simple and fast tests to evaluate the substances. Elaborate (5 min): How will the students expand on the concepts they have learned, make connections to other related concepts, and apply their understandings to the world around them. (1e) Examine background information, constitutional issue and the Courts decisions in two landmark Supreme Court cases in order to cite evidence of the Supreme Courts exact definition of due process NOTE: There is none; the Court finds its meaning on a case-by-case basis Evaluate/Formative Assessment (10 min): How will I reinforce the objectives importance and its link to past and future learning? How will the formative assessment relate to their homework? (1e, 1f) Project or print out Maryland Drivers Licensing Procedures for students to observe and read. Students will revisit the list of drivers licensing procedures created by the warm-up prompt and correct any and all misconceptions and incorrect responses. Closing (10 min): How will I close out the class and have the students synthesize the information learned? (1e) Students will invent three new stipulations to be presented to the Maryland General Assembly for a vote on changes meant to strengthen the licensing procedures to affect people obtaining a license in 2015. Homework: Reflect on importance of inalienable rights provided by the United States Government (due process, privacy, freedom of speech and assembly). Write why you support OR oppose this in the country you live in. Write why one other country should convince their government to create inalienable rights. The country can be real or fictitious.

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Unit Unit Title Number of Days Key Points

Unit 4 Unit 4: Inside Criminal Law Lesson: Mens Rea A Guilty Mental State Day 6 of 6 Elements required to establish mens rea (a guilty mental state) (LO4 p109) A guilty mental state includes elements of purpose, knowledge, negligence and recklessness. o Knowingly Must be aware of the illegality of the act. o Purpose Demonstrates a desire to participate in a criminal act or cause a certain criminal result. o Negligence involves the mental state where as a defendant grossly deviates from standard of care that a reasonable person would use under the same circumstances. o Recklessness Consciously disregarding a substantial and unjustifiable risk. The level of intent can often determine the specific crime among those of similar crimes i.e., assault, battery, aggravated assault.

How the doctrine of strict liability applies to criminal law (LO5 p110) 1. Mens rea is not necessary in Strict Liability offenses. 2. Purpose of Strict Liability offenses is to protect the public, cases such as traffic offenses, and statutory rape fall under this category of crimes. Daily Objectives Student Textbook Resources CD Resources Internet Resources Students will formulate hypothesis of the severity of how a defendants mental state is largely consistent with the general societal belief that intentionally wrongful acts are worse than unintentional, but still wrongful acts. Chapter 4 Handout: Speed-dating: Crimes of Passion Exercise, Activity and Instructions None Noted http://www.nfpa.org/assets/files/pdf/research/case_study_nightclub_fires.pdf National Fire Protection Association Case Studies on Nightclub Fires This document contains reports, building schematics and how to minimize and prevent loss of life and property in the future. These case studies can be used as a platform for discussion on how each side, business owners and patrons, might be liable and to what extent. http://www.law.washington.edu/Clinics/Streetlaw/lessons.aspx Criminal Law Topics: Speed-dating Crimes of Passion Exercise A crime of passion is usually a murder or an assault where one lover is jealous, angry, or heartbroken and has an emotional outburst and acts on impulse without thinking or planning ahead of time (so there is no premeditation). When you are charged with first or second-degree murder, you can claim Provocation as a defense. The purpose of this defense is to get your sentence lowered from first or second-degree murder down to the lesser crime of manslaughter.
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Linking Concept

Unit 2: Causes of Crime - Theory in Criminology 9. Criminology is the study of crime in which researchers have developed a number of theories concerning the causes of crime. 10. A theory is an explanation of a happening or circumstance that is based on observation, experimentation, and reasoning. Researchers observe facts and their consequences to develop hypotheses about what will occur when a similar fact pattern is present in the future.

STEM Correlation

5. Engage in Logical Reasoning STEM proficient students will engage in logical reasoning to answer complex questions, to investigate global issues, and to develop solutions for challenges and real world problems. A. Engage in critical thinking. B. Evaluate, select, and apply appropriate systematic approaches (scientific and engineering practices, engineering design process, and/or mathematical practices).

Important None Court Cases *Information above related to FFT 1a, 1c, 1e*

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Unit 5: Policing and the Constitution


Unit Unit Title Number of Days Key Points Unit 5 Unit 5: Policing and the Constitution Day 1 of 7 Four major sources that may provide probable cause. Personal Observation- Police may use their personal training, experience, and expertise to infer probable cause from a situation that may not be obviously criminal. Information Law enforcement officers receive information from victims such as description of an assailant. Evidence In certain circumstances, police may have probable cause based upon evidence such as a shotgun in plain view. Association In some situations police seeing a known criminal in a place where criminal activity is openly taking place, they have probable cause to stop that person. However, association is generally not adequate to establish probable cause by itself. The exclusionary rule and the exceptions to it. The Exclusionary Rule in the 4th Amendment prohibits the use at trial of illegally obtained evidence. The exclusionary rule enables courts to exclude incriminating evidence from introduction at trial upon proof that the evidence was procured in contravention of a constitutional provision. Essentially, evidence obtained without a warrant is inadmissible in court. Exceptions to the Exclusionary Rule 1. Inevitable Discovery Evidence that would have been found through normal police procedures even though initially obtained illegally, may be used at trial. 2. Good Faith Evidence discovered in good faith while not in strict adherence to the law, may be used at trial. For example a search warrant issued for a home of a suspect but containing an incorrect address. Evidence was obtained illegally due to a faulty warrant, however it was obtained in good faith, so the evidence obtained may be used to prosecute the occupants of the home that was searched. Daily Objectives Students will: 1. infer and create answers to three essential questions in order to investigate how forensic science and criminal procedures are associated. 2. fill out an Anticipation Guide before viewing the video clips. Forensic science and criminal law misconceptions will be identified and discussed. 3. conduct a Think-Pair-Share where they list possible vocabulary words or "buzz words" they might encounter when studying forensics and criminal law procedures. 4. hold a class discussion based on their partners lists. 5. fill out the first column of the KWL handout.

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Linking concept from previous class (1b)

Unit 4: Inside Criminal Law Two basic functions of criminal law. (LO3 p104) Protect and punish are the Legal Functions of the Law To protect citizens from harm and punish offenders, there are laws against murder, theft, and arson. To maintain Social Order by protecting against harms to society, such as air pollution

*Information above related to FFT 1a, 1c, 1e* Resources Classroom White board/Chalkboard (1d) Markers or chalk Anticipation Guide handout KWL Chart handout

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Unit Unit Title Number of Days Key Points

Unit 5 Unit 5: Policing and the Constitution Day 2 of 7 Due Process of Law The 5th and 14th amendments guarantee that the government cannot deprive a person of life, liberty, or property, without due process of law. The States reserved powers include the police power the power to protect and promote public health, public safety, public morals, and the general welfare. The exercising of police power can produce conflicts with individual rights. The constitutional guarantees of due process create a right to privacy on ones self, in and on private property, and in special relationships (For example: doctor-patient, attorney-client, spousal and between parent and child). Freedom and Security of the Person 1. The 4th Amendment prohibits unreasonable searches and seizures. The amendment has given rise to the controversial Exclusionary Rule. Rights of the Accused 2. Rights of the accused include the writ of habeas corpus and a constitutional ban on bills of attainder and ex post facto laws. 3. The 5th Amendment states that one may be accused of a serious federal crime only by a grand jury indictment. 4. Accused persons are guaranteed a speedy and public trial. They cannot, however, be tried twice for the same crime. 5. The accused also have the right to a trial by a jury of their peers. 6. The right to an adequate defense and the guarantee against self-incrimination help safeguard the rights of the accused.

Daily Objectives

Linking concept from previous class (1b)

Students will: 1. work in small groups to allow discussion and consensus. 2. view brief video clips of a "Mystery Crime Scene" from the Forensics in the Classroom website: http://apps.trutv.com/forensics_curriculum/about.html 3. hold a class discussion where students share their beliefs and conceptions from media and society, and ideas about criminal law and forensics. 4. fill out the second column of the KWL handout. Unit 4: Inside Criminal Law Two basic functions of criminal law. (LO3 p104) Protect and punish are the Legal Functions of the Law To protect citizens from harm and punish offenders there are laws against murder, theft, and arson. To maintain Social Order by protecting against harms to society, such as air pollution

*Information above related to FFT 1a, 1c, 1e*


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Lab Resources Resources (1d) 1. 2. 3. 4.

Video clips 1-4: "Mystery Crime Scene" from the Forensics in the Classroom website: http://apps.trutv.com/forensics_curriculum/about.html Computer Internet access Projector Speakers

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Unit Unit Title Number of Days Key Points

Unit 5 Unit 5: Policing and the Constitution Day 3 of 7 Four elements that must be present for an arrest to take place. The Intent to arrest - An arrest should be viewed as a situation in which the person being detained does not feel free to leave. The Authority to arrest The individual detaining a suspect must have the authority to make an arrest. Some states gives off duty police officers the authority to make an arrest while others do not. The act of Seizure or detention A necessary part of the arrest is the detention of the subject. Detention is considered to have occurred as soon as the arrested individual submits to the control of the officer, whether peacefully or under the threat or use of force. The Understanding of the person that he or she has been arrested. Stop and a frisk, and the importance of the case Terry v Ohio. 1. Stop- allows police to detain individuals when police believe that criminal activity is about to take place. 2. Frisk- allows the officer to pat down or frisk a persons outer clothing whom they believe to be armed as a protective measure for themselves or citizens in the area. 3. Terry v. Ohio A US Supreme Court ruling which allows police to use professional judgment to infer conclusions based upon the totality of the situation, this ruling gives police officers a wide range of latitude in deciding stop and frisk a suspect. This ruling expounds the Fourth Amendment to the U.S. Constitution, which permits a law enforcement officer to stop, detain, and frisk persons who are suspected of criminal activity without first obtaining their consent or a warrant.

Daily Objectives

Linking concept from previous class (1b) *Information above related to FFT 1a, 1c, 1e*
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Students will: 1. Write paragraphs using words displayed in order on the board. These will be referred to as Passage Impressions. 2. Record in a journal or notebook any words they are not familiar with. 3. Explore word relationships by using graphic organizers and writing sentences using the new vocabulary words. 5-10 students will read their sentences to the class, and then check the textbook glossary and assigned chapter readings to see if the vocabulary words they used in each sentence are conceptually correct. They will revise their sentences if necessary. 4. Share their revisions with a partner. 5. Categorize vocabulary words using the Dump and Clump handout. None

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Resources (1d)

Textbook Index Cards, called "Analysis Cards" o Even numbered cards will include "Mystery Crime Scene" synopsis' o Odd numbered cards will include quotes from 4th, 5th and 14th Amendments to the U.S. Constitution. Handouts o Dump and Clump Activity Worksheet

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Unit Unit Title Number of Days Key Points

Unit 5 Unit 5: Policing and the Constitution Day 4 of 7 The Miranda Warning: You have the right to remain silent. If you give up the right to remain silent, anything you say can and will be used against you in a court of law. You have the right to speak to an attorney and to have the attorney present during questioning. If you so desire, and cannot afford one, an attorney will be appointed for you without charge before questioning. Situations in which a Miranda Warning is unnecessary When the police do not ask a suspect any questions that are testimonial in nature. When police have not focused on a suspect and are questioning witnesses at the scene of a crime. When a person volunteers information before the police have asked a question. When the suspect has given a private statement to a friend or some other acquaintance. Miranda does not apply as long as the government did not orchestrate the situation. During a stop and frisk when no arrest has been made. During a traffic stop. (i.e., Do you know how fast you were going?) Three basic types of police identification Showups- when the suspect is returned to the crime scene to be identified by a witness. Photo arrays occur when no suspect is in custody but police have a general description of the person. Witnesses and victims are shown mug shots of people with police records that match the description. Police may also present witnesses and victims of pictures of other people they believe may have committed the crime Lineups- Lining up several physically similar people one of whom is the suspect in front of a witness or a victim.

Daily Objectives

Students will: 1. select any of their "passage impressions," vocabulary words and sentences, or information they recorded on their KWL worksheets to present in the following formats: PowerPoint, video, or video with text signs or posters. 2. pick any character and setting from one of the "mystery crime scenes" from the Forensics in the Classroom website. They can use any of the clips viewed in class or on their own. a. Create storyboard-have teacher approve before creating presentation. b. Follow the rubric that will be used to evaluate their work as a "check list" to make sure they have the minimum requirements for their presentation.

*Information above related to FFT 1a, 1c, 1e*


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Lab Resources (1d)

Textbook Handouts o KWL Chart from previous class o Storyboard outline o Presentation Rubric Mobile Lab with Laptops for each group of students, with Microsoft PowerPoint software Web camera or video recording device

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Warm-up (10 min): How will I focus, prepare and engage students for the lessons objective? Engaging Learners with Essential Questions 1. What is forensics? 2. What do I already know about forensic science? 3. What can I find out about how criminal and civil law procedures? Engage (10 min): The students use prior knowledge and the students current conceptions and misconceptions to engage the student in the topic. Have students report their answers in pairs, then groups, then as a class. (I) Open discussion of the warm-up. Write student ideas on a board for all to see. Explain: (20 min): Explanation is the point at which the learner begins to put the abstract experience through which she/he has gone through into a communicable form. (1e) See the Key Points Above. Use them in context of the group conversation to explain each of the key terms that the class will generate from answering the essential questions from the warm-up. Explore: (30 min): The students use inquiry skills and current conceptions to think critically about a concept and to ask relevant questions during hands-on activities that teach. (1e) Students will: 1. work in small groups to allow discussion and consensus. 2. view brief video clips of a "Mystery Crime Scene" from the Forensics in the Classroom website: http://apps.trutv.com/forensics_curriculum/about.html 3. hold a class discussion in order to share their beliefs, conceptions from media and society, and ideas about criminal law and forensics. 4. fill out the second column of the KWL handout. Elaborate (15 min): How will the students expand on the concepts they have learned, make connections to other related concepts, and apply their understandings to the world around them. (1e) Part I: Hypothetical Crime Scene Analysis Cards 1. The class will be provided with crime scene analysis and given time to read to themselves. If time does not permit for every student to view all four cards, or if reading levels vary greatly, an excerpt will be read aloud to the class. (Provide interested students with the all of the even numbered cards.) 2. Each group will be given a different Analysis Card with an even number (2, 4, 6 and 8) and allotted 10 minutes to discuss and answer the questions on their card. Students will be encouraged to make their best guess. You want them to pick up impressions from the information presented to them. After discussion, more detailed information will be shared about each hypothetical crime synopsis. 3. Each group will choose one of their members to read aloud their card to share their group's response with the class. Discussion of the answers as a class will follow.

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Elaborate contd (15 min): How will the students expand on the concepts they have learned, make connections to other related concepts, and apply their understandings to the world around them. (1e) Part II: U.S. Constitution and Criminal Law Procedures Students will: 1. Each group will be given a quote from an amendment to the U.S. Constitution, Analysis Cards 1, 3, 5 and 7. Focus class discussion of student impressions of the authority of the U.S. Constitution, the credibility of the source (framers of the Constitution and founding fathers) and assumptions by average people of the government's authority and how its authority is imposed on the people. [Note: If students have difficulty learning how to analyze historical documents, they should rely on the reporting source as part of their criteria for credibility. Students should be able to list the clues they would use to help them rank such sources including apparent and possibly hidden bias. This can be an important lesson in assessing the credibility of materials taken from the Internet, as opposed to primary documents. Again, point to the publication itself as an indicator. An interesting extension is to repeat with secondary source materials.] Evaluate/Formative Assessment (10 min): How will I reinforce the objectives importance and its link to past and future learning? How will the formative assessment relate to their homework? (1e, 1f) Using the list generated in the previous class, Student will: 1. write paragraphs using words displayed in order on the board. These will be referred to as Passage Impressions. 2. record in a journal or notebook any words they are not familiar with. 3. explore word relationships by using graphic organizers and write sentences using the new vocabulary words. By volunteering, 5-10 students will read their sentences to the class, and then check the textbook glossary and assigned chapter reading to see if the vocabulary words they used in each sentence are conceptually correct. They will revise their sentences if necessary. 4. share their revisions with a partner. Closing (10 min): How will I close out the class and have the students synthesize the information learned? (1e) Students will: 1. select any of their "passage impressions," vocabulary words and sentences, or information they recorded on their KWL worksheets to present in following formats: PowerPoint, video, or video with text signs or posters. 2. pick any character and setting from one of the "mystery crime scenes" from the Forensics in the Classroom website. They can use any of the clips viewed in class or on their own. a. Create storyboard-have teacher approve before creating presentation.

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Tiered Assignments Outcome/ Performance indicator

Basic Read a newsletter and apply elements of lesson concepts to real world situations, first and secondhand.

Intermediate View a student-created video project and analyze the presentation merits, educational value and level of engagement the video achieved. Offer suggestions for improvement.

Topic Instruction/ Learning Activity

4th and 5th Amendment Protections for Students http://www.schooltraining.com/newsletter/art icles/student_sues_for_de tention.shtml Elaborate in writing about an experience you have had in school or out in the community that could have led to a violation of your 4th and/or 5th Amendment rights. Computer & Internet access

5TH Amendment Sample Video Project http://www.youtube.com/wat ch?v=1f8y1ab2Yj8

Advanced Synthesize information from a website and apply concepts from an in-depth academic explanation about the 4th Amendment and its application in court cases around the United States. Summarize peoples experiences with legal procedures established in the Constitution. The 4th Amendment and You http://www.legalhyena.com/4t h-amendment-mainmenu28.html

Assessment

After viewing the sample video project created by students, create a list of three elements of the presentation that were outstanding and a list of three elements that need improvement. Computer, Internet access, speakers or headphones

Resources

Summarize the three court cases mentioned on the website. Each summarization must include: facts of the court case, constitutional issue, courts decision, and court cases impact of setting or perpetuating legal precedence. Computer, Internet access, textbook or legal terms dictionary

STEM Correlation: (2) Planning and carrying out investigation (4) Analyzing and interpreting data (8) obtaining, evaluating, and communicating information Linking concept to next class Students will follow the rubric that will be used to evaluate their work as a "check list" to make sure they have the minimum requirements for their presentation.

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Unit Unit Title Number of Days Key Points

Unit 5 Unit 5: Policing and the Constitution, Days 5-7 Lesson: Criminal Justice Process: Investigation and Interrogation Day 5 of 7 The Miranda Warning You have the right to remain silent. If you give up the right to remain silent, anything you say can and will be used against you in a court of law. You have the right to speak to an attorney and to have the attorney present during questioning. If you so desire, and cannot afford one, an attorney will be appointed for you without charge before questioning. Situations in which a Miranda Warning is unnecessary When the police do not ask a suspect any questions that are testimonial in nature. When police have not focused on a suspect and are questioning witnesses at the scene of a crime. When a person volunteers information before the police have asked a question. A. When the suspect has given a private statement to a friend or some other acquaintance. Miranda does not apply as long as the government did not orchestrate the situation. B. During a stop and frisk when no arrest has been made. C. During a traffic stop. (i.e., Do you know how fast you were going?) Four categories of items that can be seized by use of a search warrant Items resulting from the crime such as stolen goods. Items that are inherently illegal for anyone to possess (with certain exceptions) Items that can be called evidence of the crime such as a ski mask or bloodstained clothing. Items used in committing a crime such as a lock pick or a printing press to make counterfeit money. Warrantless Searches Searches incidental to an arrest. Valid to ensure the safety of the arresting officer to find any weapons a suspect may be carrying. The need to protect any evidence on the suspects person from being destroyed.

Searches with consent. Stop and frisk Hot Pursuit if a suspect being pursued by police enters a building, the police may search that building without a warrant. Automobile Exception- If police have probable cause to believe that an automobile contains evidence of a crime; they may search that vehicle without a warrant. Plain View If evidence of a crime is in plain view it can be seized by police without obtaining a warrant. Abandoned Property Any property such as a hotel room that has been vacated or contraband that has been discarded can be seized by police without a warrant. Border/Airport searches Law enforcement on the border do not need a warrant to search a vehicle crossing the border. Law enforcement at the airport are not required to have a warrant to conduct a search of a person entering the flight area.

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Daily Objectives

Students will 1. investigate the historical development and current status of the fundamental concepts and processes of authority, power, and influence, with a particular emphasis on the founding of documents of the United States and the democratic skills and attitudes necessary to become a responsible citizens. 2. evaluate changes regarding civil and criminal rights, in order to synthesize due process procedures and equal protection under the law. 3. analyze the United States Constitution in order to demonstrate an understanding of the evolution and changing interpretation of the United States Constitution and its amendments. Chapter 6 and 7 None Noted http://streetlaw.glencoe.com Unit 2 Web Activity, Officer, Officer! This activity will help students consider the job qualifications necessary for police officers. http://web.me.com/legalhyena.com/Site/Podcast/Podcast.html Legalhyena.com Podcast on Miranda Warnings, 1/24/2010 You have the right to remain silent." You've heard this on television, but do you REALLY understand the Miranda Warning? Listen to find out about this important aspect of the law. Unit 5: Policing and the Constitution, Day 1-4 Four elements that must be present for an arrest to take place. B. The Intent to arrest - An arrest should be viewed as a situation in which the person being detained does not feel free to leave. The Authority to Arrest The individual detaining a suspect must have the authority to make an arrest. Some states gives off duty police officers the authority to make an arrest while others do not. The act of Seizure or detention A necessary part of the arrest is the detention of the subject. Detention is considered to have occurred as soon as the arrested individual submits to the control of the officer, whether peacefully or under the threat or use of force. The Understanding of the person that he or she has been arrested. 3. Interpret and Communicate Information from Science, Technology, Engineering and Mathematics A. Apply appropriate domain-specific vocabulary when communicating science, technology, engineering, and mathematics content. B. Engage in critical reading and writing of technical information. C. Evaluate and integrate multiple sources of information (e.g., quantitative data, video and multimedia) presented in diverse formats.

Student Textbook Resources CD Resources Internet Resources

Linking Concept

STEM Correlation

4. Engage in Inquiry STEM proficient students will engage in inquiry to investigate global issues, challenges, and real world problems. 1. Ask questions to identify and define global issues, challenges, and real world problems.

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Important Miranda vs. Arizona (1966), Tennessee vs. Garner (1985), New Jersey vs. TLO (1985), Terry vs. Ohio Court Cases (1968) *Information above related to FFT 1a, 1c, 1e*

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Tiered Assignment Warm-up (10 min): How will I focus, prepare and engage students for the lessons objective? Ask students to arrange themselves into groups of three or four. Each student takes a turn discussing personal experiences in being stopped by police or being with someone (parent, sibling or friend) when he or she was stopped. How did you or the person you were with handle the situation? How could have you or the person you were with handled the situation differently? Engage (10 min): The students use prior knowledge and the students current conceptions and misconceptions to engage the student in the topic. Students will: 1. consider responses generated by the warm-up questions as a springboard for a more in-depth discussion on best practices for handling police and citizen contacts. 2. examine what constitutes professional behavior by a police officer a. Ask students - How should the police react to different situations? b. Ask students How does a persons demeanor influence police treatment? Emphasize that police officers are only human and sometimes make mistakes, but that most police officers act in an unbiased and professional manner. Explain: (20 min): Explanation is the point at which the learner begins to put the abstract experience through which she/he has gone through into a communicable form. (1e) Students will: distinguish how law enforcement appears and operates from the police officers prospective, instead of the citizens perspective. o If possible, invite a school resource officer or community police officers to visit the classroom and/or to facilitate activities. construct five examples of discretion along a spectrum of too lenient to too strict. This discretion can be exercised by the criminal justice system personnel at each step of the process for the following: the police, the prosecutor, the sentencing judge, and personnel in the correctional system. o Share with students that many of the most critical events of a case happen before the trial (i.e., at a pretrial hearing, when the defendant may attempt to suppress certain evidence), and relatively few cases actually result in a trial. Many cases are either dropped or terminated by plea bargain.

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Explore: (30 min): The students use inquiry skills and current conceptions to think critically about a concept and to ask relevant questions during hands-on activities that teach. (1e) Tiered Assignment Basic Intermediate Advanced Outcome/ List of qualifications List of qualifications, with List of qualifications, Performance edits editorial letter indicator Instruction/ Students will access and Students will access and Students will access and Learning view the steps designed in view the steps designed in view the steps designed in Activity the Officer, Officer! Web the Officer, Officer! Web the Officer, Officer! Web Activity from Street Law. Activity from Street Law. Activity from Street Law. Assessment Rank characteristics in Rank characteristics in Rank characteristics in three qualification areas: three qualification areas: three qualification areas: education and training, (1) education and training, education and training, skills and personal (2) specific skill sets and skills and personal characteristics. (3) personal characteristics. characteristics. Decide Decide which which characteristics you characteristics you believe believe should be required should be required of of people who wish to people who wish to become police officers. become police officers and Then, compose a letter to one characteristic from the mayor, county each qualification category executive or governor that is not necessary for the about their opinion on what job. qualifications should be necessary of law enforcement officers. They must justify their rational. Resources Computer, Internet access Computer, Internet access Computer, Internet access Elaborate (15 min): How will the students expand on the concepts they have learned, make connections to other related concepts, and apply their understandings to the world around them. (1e) Students will: 1. read chapters 6 and 7 from their textbook (or specifically selected passages by teacher) about arrest warrants, search warrants, and all types of warrantless searches (see Key Points as well) 2. listen to the Podcast about Miranda warnings in order to develop their own version of Miranda warnings to protect someones rights while being arrested and interrogated. Evaluate/Formative Assessment (10 min): How will I reinforce the objectives importance and its link to past and future learning? How will the formative assessment relate to their homework? (1e, 1f) Students will: exchange rankings OR their writing assignment and receive no fewer than three peer comments that are relevant to the work and opinions of the originating student. discuss for 2-3 minutes the comments each student wrote on another students work in order to offer them a different perspective or a fresh idea based on your ranking of characteristics or the opinions they wrote about in their letter.
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Closing (10 min): How will I close out the class and have the students synthesize the information learned? (1e) Students will draft 5 to 6 minutes of dialogue between themselves and a partner in order to explain similarities and differences between an arrest warrant and a search warrant to be recorded into a Podcast of their own. Homework: Complete draft of Warrants Podcast

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Unit Unit Title Number of Days Key Points

Unit 5 Unit 5: Policing and the Constitution Lesson: Criminal Justice Process: Investigation and Interrogation Day 6 of 7 Warrantless Searches Searches incidental to an arrest. Valid to ensure the safety of the arresting officer to find any weapons a suspect may be carrying. The need to protect any evidence on the suspects person from being destroyed.

Searches with consent. Stop and frisk Hot Pursuit if a suspect being pursued by police enters a building, the police may search that building without a warrant. Automobile Exception- If police have probable cause to believe that an automobile contains evidence of a crime; they may search that vehicle without a warrant. Plain View If evidence of a crime is in plain view it can be seized by police without obtaining a warrant. Abandoned Property Any property such as a hotel room that has been vacated or contraband that has been discarded can be seized by police without a warrant. Border/Airport searches Law enforcement on the border do not need a warrant to search a vehicle crossing the border. Law enforcement at the airport are not required a warrant to conduct a search of a person entering the flight area.

Plain view doctrine and its limitations. Evidence in Plain View either completely or partially can be seized without a warrant or introduced as evidence. The item is positioned so as to be detected easily by an officers sight or some other sense. The officer is legally in a position to notice the item in question. The discovery of the item is inadvertent. That is the officer did not intend to find the item. The officer immediately recognizes the illegal nature of the item. No interrogation or further investigation is allowed under the plain view doctrine. Daily Objectives Student Textbook Resources CD Resources Students will explore the diversity and commonality, human interdependence, and global cooperation of the people of the United States and the world through a multicultural and a historical perspective. Chapter 6 and 7 None Noted

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Internet Resources

http://law.pepperdine.edu/academics/faculty/publications/JamesNASROCellPhoneLaw.pdf Legal Update: Safe Schools, Cell Phones, and the 4th Amendment Test your Cell phone in Schools IQ Worksheet Follow-up Explanation using Citations from New Jersey vs. TLO http://www.greenbeltmd.gov/police/Budget%20Info/year_review.pdf Maryland State Police Uniform Crime Report (July 20, 2011) Crime statistics officially recorded at three levels of jurisdictions: the Washington D.C. Metropolitan region of Montgomery and Prince Georges counties, in Maryland statewide, and in Greenbelt, MD. None 3. Interpret and Communicate Information from Science, Technology, Engineering and Mathematics 1. Develop an evidence-based opinion or argument. 2. Communicate effectively and precisely with others. 4. Engage in Inquiry STEM proficient students will engage in inquiry to investigate global issues, challenges, and real world problems. Ask questions to identify and define global issues, challenges, and real world problems. 8. Obtaining, evaluating, and communicating information

Linking Concept STEM Correlation

Important Tennessee vs. Garner (1985), New Jersey vs. TLO (1985), Terry vs. Ohio (1968) Court Cases *Information above related to FFT 1a, 1c, 1e*

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Unit Unit Title Number of Days Key Points

Unit 5 Unit 5: Policing and the Constitution Lesson: Criminal Justice Process: Investigation and Interrogation Day 7 of 7 Warrantless Searches Searches incidental to an arrest. Valid to ensure the safety of the arresting officer to find any weapons a suspect may be carrying. The need to protect any evidence on the suspects person from being destroyed.

Searches with consent. Stop and frisk Hot Pursuit if a suspect being pursued by police enters a building, the police may search that building without a warrant. Automobile Exception- If police have probable cause to believe that an automobile contains evidence of a crime; they may search that vehicle without a warrant. Plain View If evidence of a crime is in plain view it can be seized by police without obtaining a warrant. Abandoned Property Any property such as a hotel room that has been vacated or contraband that has been discarded can be seized by police without a warrant. Border/Airport searches Law enforcement on the border do not need a warrant to search a vehicle crossing the border. Law enforcement at the airport are not required to have a warrant to conduct a search of a person entering the flight area.

Plain view doctrine and its limitations. Evidence in Plain View either completely or partially can be seized without a warrant or introduced as evidence. The item is positioned so as to be detected easily by an officers sight or some other sense. The officer is legally in a position to notice the item in question The discovery of the item is inadvertent. That is the officer did not intend to find the item. The officer immediately recognizes the illegal nature of the item. No interrogation or further investigation is allowed under the plain view doctrine. Daily Objectives Students will: 1. evaluate the role of institutions in guiding, transmitting, and changing culture. 2. analyze the American legal system in order to understand how individuals, groups, and institutions sustain and influence cultures. Chapter 6 and 7

Student Textbook Resources

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Internet Resources

http://quizlet.com/745380/landmark-court-cases-flash-cards/ Flashcards: Landmark Court Cases http://www.constitutioncenter.org Click Education, then Resources For Students, then click on Studying the Constitution? which will bring you to the Interactive Constitution, scroll across the top of the screen and click on the amendments 2. Integrate Science, Technology, Engineering, and Mathematics Content STEM proficient students will integrate content from science, technology, engineering, and mathematics disciplines as appropriate to answer complex questions, to investigate global issues, and to develop solutions for challenges and real world problems. A. Analyze interdisciplinary connections that exist within science, technology, engineering, and mathematics disciplines and other disciplines. 4. Engage in Inquiry STEM proficient students will engage in inquiry to investigate global issues, challenges, and real world problems. Ask questions to identify and define global issues, challenges, and real world problems.

STEM Correlation

Important Plessy vs. Ferguson (1896), Mapp vs. Ohio (1961), Gideon vs. Wainwright (1961) Court Cases *Information above related to FFT 1a, 1c, 1e*

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Unit 6: Courts and the Quest for Justice


Unit Unit Title Number of Days Key Points Unit 6 Unit 6: Courts and the Quest for Justice Day 1 of 3 Four functions of the courts. A. Due Process Function Protects the individual Constitutional Rights and offsets the unfair advantage the Government and it resources have in a criminal proceeding. B. Crime Control Function This emphasizes the punishment and retribution function of the courts against criminals for the harm they have done to society. C. Rehabilitation Function - This function serves to reform or rehabilitate the criminal into a useful member of society. This can be done behind bars or through another program that integrates the subject into society. D. Bureaucratic Function A nonproductive but essential function that requires the courts to deal with large caseloads in a minimum amount of time. This requirement often puts ideals like justice on the back burner. Jurisdiction Original Jurisdiction A court in which a case is first heard Appellate Jurisdiction A court that hears a case on appeal from a lower court Concurrent Jurisdiction federal and state courts share the power to hear cases about disputes involving citizens of different states Exclusive jurisdiction only federal courts can hear cases involving: o an ambassador or other official of a foreign government o a case involving copyright or patent infringement o a case involving any other matter arising out of an act of Congress o any case in which the United States is a party Geographic Jurisdiction A set geographical boundary in which a court can hear a case. Concurrent Jurisdiction A situation that occurs when two or more courts have the authority to preside over the same criminal case. International Jurisdiction An understanding between countries that allows a country to prosecute a person even though the person is not a citizen of the country in which the crime was committed. Subject Matter Jurisdiction Legal authority to hear cases only covering a specific topic. (e.g., tax court, juvenile court, drug court (in California) and veterans court) Trial and Appellate Courts Trial Courts A trial court is a court in which an initial trial is held. These courts have original jurisdiction, acting as the first court in which a case is heard.
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Appellate Courts Courts that review decisions made by lower courts such as trial courts in order to insure errors of law have not occurred. Daily Objectives Students will: synthesize and analyze political cartoons depicting the procedures of the criminal justice system in order to make observations of criticisms of justice in the United States. formulate and describe issues that arise from the guarantee of a speedy and public trial. Chapter 8 Power Point Presentation Political Cartoons about Steps in the Criminal Justice Process Handout: Analyzing Political Cartoons Handout: Supreme Court Nomination flowchart None noted http://www.fbi.gov/fun-games/kids/kids-about Federal Bureau of Investigation Kids Page About the FBI http://www.youtube.com/watch?v=PNF_pwkP6gg&feature=related John Roberts: Supreme Court Nomination Hearings from PBS NewsHour and EMK Institute The Edward M. Kennedy Institute is partnering with the PBS NewsHour to provide video highlights of the nine most recent Senate confirmation hearings. Chief Justice John G. Roberts faced the Senate Judiciary Committee in 2005 and would be confirmed by a 78 to 22 vote. None 2. Integrate Science, Technology, Engineering, and Mathematics Content STEM proficient students will integrate content from science, technology, engineering, and mathematics disciplines as appropriate to answer complex questions, to investigate global issues, and to develop solutions for challenges and real world problems. A. Analyze interdisciplinary connections that exist within science, technology, engineering, and mathematics disciplines and other disciplines. B. Apply integrated science, technology, engineering, mathematics content, and other content as appropriate to answer complex questions, to investigate global issues, and to develop solutions for challenges and real world problems.

Student Textbook and Additional Resources CD Resources Internet Resources

Linking Concept STEM Correlation

Important Court Cases *Information above related to FFT 1a, 1c, 1e*

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Warm-up (10 min): How will I focus, prepare and engage students for the lessons objective? Suppose you suspect your cousin of stealing your watch. Who would be the first person you want to question about this crime? (Expected answer: the cousin) Assume this gets serious and you decide to charge your cousin with theft. At his trial, can your cousin be forced to answer questions? List two reasons why you would support freedom from self-incrimination and two reasons that this freedom could obstruct justice. During the discussion, be sure to explain that this freedom is guaranteed by the 5th Amendment. Engage (10 min): The students use prior knowledge and the students current conceptions and misconceptions to engage the student in the topic. Display or write this statement on the board for all students to see. Ask students to read it carefully and think about the meaning of each word and the meaning of the statement in total. It is better that ten guilty people go free than that one innocent person be convicted Three walls are labeled with large signs stating AGREE, DISAGREE and UNDECIDED. Students must move to the wall that states how they feel about the statement above. Students must place a post-it note under the sign they choose. Students will then have 3 minutes to talk among those who gathered at each position so that they can come up with a reason why they have taken the position they have about the statement. Students in the UNDECIDED area may talk to one student who has written down their reason of support. Allow some students from UNDECIDED to stay put or move to another group as they begin to form their reasons for or against the statement based on their classmates arguments. Set a time limit of 3 5 minutes for final movements then begin round-robin calling on students to share their position, their opinion and why or how they formed their opinion. Explain: (20 min): Explanation is the point at which the learner begins to put the abstract experience through which she/he has gone through into a communicable form. (1e) Back to the Drawing Board Students may choose to add their own illustrations or find images on the Internet or in a newspaper that correspond with three or four of the steps in a criminal trial.

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Tiered Assignment Outcome/Performance indicator

Basic Provide a step-by-step analysis of legal proceedings and the accused persons rights that are associated with each step.

Intermediate Decide how to balance order in society and preservation of liberty and justice.

Advanced Construct a timeline flow chart diagramming Supreme Court judicial activism between six court cases: Furman vs. Georgia (1972), Woodson vs. North Carolina (1976), Gregg vs. Georgia (1976), Coker vs. Georgia (1977), Atkins vs. Virginia (2002), and Roper vs. Simmons (2005)

Instruction/Learning Activity

Create a graphic organizer that outlines how the legal system works in a criminal case AND the protections an individual is granted if accused of a crime.

Streamline the criminal justice process without sacrificing peoples rights or the governments responsibility to provide and maintain order in society.

Assessment

Completed diagrams will be hung on classroom walls or a bulletin board to serve as an example of the criminal justice system to all students. The Constitution, textbook

Students will examine Legal Issue in Brief: Capital Punishment, as well as media center resources, for example: college law casebooks and internet resources. Students must record bibliographic data for each source they use, minimum of three in addition to the handout provided. Completed diagrams Completed diagrams will be will be hung on hung on classroom walls or a classroom walls or a bulletin board to serve as an bulletin board to serve example of the criminal justice as an example of the system to all students. criminal justice system to all students. The Constitution, textbook The Constitution, textbook, Supreme Court legal issue in brief handout

Resources

Explore: (30 min): The students use inquiry skills and current conceptions to think critically about a concept and to ask relevant questions during hands-on activities that teach. (1e) Students will share a laptop or desktop computer and complete the module designed to introduce functions and purpose of the Federal Bureau of Investigations (FBI). Students will read through the interactive presentation and complete he Special Agent Challenge at the end of the presentation. http://www.fbi.gov/fun-games/kids/kids-about Students will reflect on what services do FBI special agents perform that ensures justice for Americans? Provide two real world examples found in the News section on the FBIs website. http://fbi.gov/news_blog

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Evaluate/Formative Assessment (10 min): How will I reinforce the objectives importance and its link to past and future learning? How will the formative assessment relate to their homework? (1e, 1f) Remind students of the quote, It is better that ten guilty persons go free than that one innocent person be convicted. Have students write a short story based on the plight of an individual who is wrongly convicted of a crime. Or, students can create a newspaper article about the consequences of guilty persons going free as a result of constitutional protections of the rights of the accused. Encourage students to examine cost and/or benefit (positive points and negative points) to society in pursuing the principle expressed by the quote.

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Unit Unit Title Number of Days Key Points

Unit 6 Unit 6: Courts and the Quest for Justice Lesson: Day 2 of 3 State Court System (p. 262) State Supreme Court- Highest level Court in the State also the last level of Appeal in a State before a case goes to the US Supreme Court. Also known as the Courts of Final Resort. Intermediate Appellate Courts Available in about of the states. They are an intermediate step between trial courts and the courts of Final Resort (State Supreme Courts) Superior Court Highest level of Trial courts with general jurisdiction. Also known as Circuit Court, Court of Common Pleas, or in New Yorks Supreme Court. County Court These Courts have limited jurisdiction in both criminal and civil cases. Also called Common Pleas or District Courts. Municipal Court Available in some cities they hear cases of less importance than trial courts. Cases under appeal in these courts go to Intermediate Appellate Courts. Specialty Courts Probate Courts Handles wills, administration of estates, guardianship of minors. Also known as Surrogate Court or Orphans Court. Domestic Relations Court Also called Family Court or Childrens Court Justice of the Peace and Police Magistrate These are the lowest courts in the judicial hierarchy. They are limited in jurisdiction in both criminal and civil cases. Federal Court System US District Courts The lowest tier of the Federal Court System. These are the courts where most federal court cases are initially heard. There are currently 94 US District Courts. US Courts of Appeals Also called US Circuit Courts there are 13 appellate courts that hear appeals from the district courts in their jurisdictions. The 13 Court of Appeals is also called the Federal Circuit Court and has jurisdiction over certain types of cases in the other twelve circuits, such as cases in which the US Government is a defendant. US Supreme Court This is the highest court in the United States. It has the authority to hear any case being appealed and can require a lower court to send them its case files. The court also makes decisions concerning issues between the varying states. Only rarely does the court hear original trial cases.

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Cases heard by the Supreme Court Writ of certiorari (sur-shee-uh-rah-ree) requires a lower court to send it records on a case for Supreme Court review. Often lower court or defense attorney's request a writ of certiorari. But few are granted. Although thousands of cases are heard each year, only 85 cases went before by the Supreme Court justices in 2010 and 2011. A writ of certiorari is granted only if four of the nine justices approve it. This is called the rule of four. Daily Objectives Students will describe the structure and jurisdiction of the federal courts and other constitutional courts in order to distinguish our system of justice as necessary to keep order in society. Students will examine how cases reach the Supreme Court and how courts operate in order to identify legal concepts, such as judicial review, judicial activism and judicial restraint. Chapter 8

Student Textbook and Additional Resources Internet Resources

STEM Correlation

http://www.washingtonpost.com/wpdyn/content/article/2011/02/23/AR2011022304975_pf.html Professors ask Congress for an Ethics Code for Supreme Court A group of more than a hundred law professors from across the country has asked Congress to extend an ethical code of conduct to the Supreme Court - for the first time - and clarify when individual justices should step away from specific legal cases. 3. Interpret and Communicate Information from Science, Technology, Engineering, and Mathematics STEM proficient students will interpret and communicate information from science, technology, engineering, and mathematics to answer complex questions, to investigate global issues, and to develop solutions for challenges and real world problems. Identify, analyze, and synthesize appropriate science, technology, engineering, and mathematics information (text, visual, audio, etc.). Apply appropriate domain-specific vocabulary when communicating science, technology, engineering, and mathematics content. Engage in critical reading and writing of technical information. Evaluate and integrate multiple sources of information (e.g., quantitative data, video and multimedia) presented in diverse formats. Develop an evidence-based opinion or argument.

*Information above related to FFT 1a, 1c, 1e*


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Unit Unit Title Number of Days Key Points

Unit 6 Unit 6: Courts and the Quest for Justice Lesson: Judicial Nominations Day 3 of 3 Judge Selection State Level o Partisan Elections Judicial candidates supported by political parties, place their names before the voters for consideration to a particular judicial seat. o Non-Partisan Elections - Judicial candidates not supported or affiliated with political parties, place their names before the voters, for consideration for a particular judicial seat. Missouri Plan o A nominating commission provides a list of worthy candidates. o An elected official (usually the Governor) selects from the list submitted by the commission. o One year later, a retention election is held to allow voters to decide if the judge will stay on the bench. Executive Appointment o The Governor nominates a candidate to the State Legislature. o The Legislature votes to confirm or reject the nominee. Federal Judges o The President nominates a candidate to the US Senate. o The Senate Judiciary Committee holds hearings concerning the qualifications of the candidate and makes its recommendation to the full Senate. o The full Senate votes to confirm or reject the nominee.

Judges in the Court System Pre-Arrest Decide whether or not law enforcement officers have sufficient probable cause to issue a search warrant or an arrest warrant. Initial Appearance Inform the suspect of the charges against him or her and of their rights o Review the charges to determine if probable cause exists that the suspect committed the crime; if not, dismiss the case. o Set the amount of bail (or deny bail) and determine any other conditions of pretrial release. Preliminary Hearing o Based on evidence provided by the prosecution and defense, decide if there is probable cause that the suspect committed the crime. o Continue to insure that the defendants Constitutional Rights are not being violated.
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1. Arraignment a. Ensure the defendant has been informed of the charges against him or her. b. Ensure the defendant understands the plea choices before him or her (guilty, not guilty, or nolo contendere) 2. Plea Bargain a. Assist with the plea bargaining process, if both sides are willing to make a deal. b. If the defendant decides to plead guilty in return for charges being lessened, ensure the defendant understands the nature of the plea bargain and has not been assured into pleading guilty by his or her attorney. 3. Pretrial Motions a. Rule on pretrial motions presented by the Defense b. Decide whether to grant continuances (postponements) of the trial to allow more time for gathering evidence. 4. Trial a. Ensure that proper procedure is followed in jury selection. b. Officiate at the trial making sure that both the Prosecutor and the Defense follow procedural rules in presenting evidence and questioning witnesses. c. Explain points of law that affect the case to the jury. d. Provide jury instructions or instructions to the jury on the meaning of the laws applicable to the case. e. Receive the jurys final verdict of guilty or not guilty. 5. Sentencing a. If the verdict is guilty, impose the sentence on the convict. Daily Objectives Students will: 1. explore the fundamental roles of the Executive Branch and the Senate in the judicial selection process. 2. Review that the process of selecting and confirming a Supreme Court justice is political in nature and that different groups will see the same nominee differently. 3. Consult and collaborate with fellow students on the merits of Supreme Court nominees. 4. Research and evaluate nominees to the Supreme Court.

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Student Textbook and Additional Resources Internet Resources

Chapter 8 Handouts: Judicial Nomination http://www.streetlaw.org/en/article/118 Teaching about Judicial Nominations For teaching methods and tips on using the New York Times Justice Picker http://www.nytimes.com/interactive/2009/05/04/us/politics/20090504-souter-picker.html New York Times Interactive Justice Picker If You Were President... When Justice David H. Souter in May announced his plans to retire from the Supreme Court, NYTimes.com readers were asked to submit their choice for the open seat. Sonia Sotomayor, the federal appeals court judge in New York, was the choice for both the president and the majority of readers. PBS NewsHour Lesson Activity Plans http://www.pbs.org/newshour/extra/teachers/lessonplans/socialstudies/confirm2_7-20.html Confirmation Simulation and Video http://www.pbs.org/newshour/extra/teachers/lessonplans/socialstudies/scotus_confirm_up date.html Separation of Powers, Advice and Consent 5. Engage in Logical Reasoning STEM proficient students will engage in logical reasoning to answer complex questions, to investigate global issues, and to develop solutions for challenges and real world problems. A. Engage in critical thinking. B. Evaluate, select, and apply appropriate systematic approaches (scientific and engineering practices, engineering design process, and/or mathematical practices).

STEM Correlation

C. Apply science, technology, engineering, and mathematics content to construct creative and innovative ideas. *Information above related to FFT 1a, 1c, 1e*

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Unit 7: The Pretrial Procedures


Unit Unit 7 The Pretrial Procedures 1 of 3 The Prosecution I. Criminal cases are tried by public prosecutors, who are employed by the government a. At the federal level, the prosecutor is called the U. S. Attorney. b. In state and local courts, the prosecutor may be referred to as the prosecuting attorney, county attorney, or city attorney. II. Prosecutors in general have the power to decide when and how the state will pursue an individual suspected of criminal wrongdoing. a. In some jurisdictions, the district attorney is also the chief law enforcement officer holding broad powers over police operation. III. In most instances, the prosecutor is elected and therefore may feel conflicted by community pressures, conflict with the police department, and their responsibility as a crime fighter to pursue cases only when they believe there is sufficient legal guilt to obtain conviction. The Defense Attorney The defense attorney acts as a staunch advocate for her or his client and ensures that the government proves every point against that client beyond a reasonable doubt, even for cases that do not go to trial. The defense attorney has several responsibilities: o Represent the defendant at the various stages of the custodial process (arrest, interrogation, lineup, and arraignment) o Investigate the incident for which the defendant has been charged o Communicating with the prosecutor, which includes negotiating plea bargains o Preparing the case for trial o Submitting defense motions. Including motions to suppress evidence o Representing the defendant at trial o Negotiating sentence, if the client has been convicted o Determining whether to appeal a guilty verdict To defend a client effectively, a defense attorney must have access to all the facts concerning the case, even those that may be harmful to the defendant. o Rules of attorney-client privilege are designed to promote the unrestrained flow of information between the two parties. o It is a rule of evidence requiring that communications between a client Unit Title Number of Days Key Points

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and his or her attorney be kept confidential, unless the client consents to disclosure There are three types of defense allocation programs: o Assigned counsel programs which use local private attorneys o Contracting attorney programs o Public defender programs

Daily Objectives

Student Textbook Resources Internet Resources

Students will: construct and organize the different names given to public prosecutors in order to separate the most important powers the minor duties that they have. contrast the prosecutors role as a government employee in order to delineate the responsibilities of between prosecutors and defense attorneys Chapter 9, pp. 297 - 312 http://www.usdoj.gov/ag/ United States Department of Justice Attorney General Have students familiarize themselves with the current United States Attorney General and his duties online at the United States Department of Justices website. Essential Question: What is the role of the attorney general in the criminal justice system? http://www.justice.gov/usao/eousa/kidspage/prosecutor.html Steps of a Federal Prosecutors Job A federal prosecutor plays a very important role in the criminal justice system. They are attorneys who represent the federal government in a court of law and attempt to prove that a person or company committed a crime. Two of the central characters in the court process: the prosecutor and the defense attorney. Prosecutors are often seen as law enforcement agents. They have enormous discretionary power, including the discretion to determine which criminal cases will move forward to trial. Prosecutors are also elected officials, and therefore the obligation to please members of the community is ever-present. For this reason, some prosecutors will move forward only with cases they believe will end in conviction. On the other side of the process is the defense attorney. This individual is charged with representing the needs of the criminal defendant as he or she moves through the court process. 3. Interpret and Communicate Information from Science, Technology, Engineering, and Mathematics STEM proficient students will interpret and communicate information from science, technology, engineering, and mathematics to answer complex questions, to investigate global issues, and to develop solutions for challenges and real world problems. C. Engage in critical reading and writing of technical information. D. Evaluate and integrate multiple sources of information (e.g., quantitative data, video and multimedia) presented in diverse formats. E. Develop an evidence-based opinion or argument. F. Communicate effectively and precisely with others.

Linking Concept

STEM Correlation

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Important In re Gault (1967), Argersinger v. Hamlin (1972) Court Cases *Information above related to FFT 1a, 1c, 1e*

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Warm-up (10 min): How will I focus, prepare and engage students for the lessons objective? What could be some of the possible causes and effects of a government creating and implementing an adversarial system for their countrys people? - Chart paper & markers - Whiteboard & dry erase marker Engage (10 min): The students use prior knowledge and the students current conceptions and misconceptions to engage the student in the topic. Students will ask questions about: what is an adversary or adversaries and what are causes for needing a system to solve disputes between adversaries? What are the effects or results among a society of people who employ an adversary system? List all possible adversaries in society (people, people and the government, businesses and people or the government, and stat/local government and the federal government or among themselves) Identify role players in solving disputes in the court room (judge, jury, grand jury, police officers, prosecutor, defense attorney/public defender) Jigsaw Concepts, Building Knowledge Teachers may use the elements of this activity with a jigsaw method, where each group member is assigned to become an expert on some aspect of a unit of study. After reading about their area of expertise, the experts from different groups meet to discuss their topic, and then return to their groups and take turns teaching their topics to their group mates. Explain: (20 min): Explanation is the point at which the learner begins to put the abstract experience through which she/he has gone through into a communicable form. (1e) Students will locate and define Chapter 9 vocabulary terms in the textbook in order to reinforce basic ideas of the adversarial system that students created during the warm-up activity (on chart paper or classroom whiteboard). Adversary system (p. 296) A legal system in which the prosecution and defense are opponents, or adversaries, and present their cases in the light most favorable to themselves. The court arrives a just solution based on the evidence presented by the contestants and determines who wins and loses. Arraignment (p. 308) A court proceeding in which the suspect is formally charged with the criminal offense stated in the indictment. The suspect enters a plea (guilty, not guilty, nolo contendere) in response. Attorney general (p. 287) The chief law officer of the state; also, the chief law officer of the nation. Attorney-client privilege (p. 295) A rule of evidence requiring that communications between a client and his or her attorney be kept confidential, unless the client consents to disclosure.

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Explore: (30 min): The students use inquiry skills and current conceptions to think critically about a concept and to ask relevant questions during hands-on activities that teach. (1e) Students will read the article The Lesson of Wrongful Convictions and highlight or extract five main ideas of how wrongful convictions can occur in the legal system. Tiered Assignments Outcome/ Performance indicator Basic Students will create and share lists of related terms to a career of becoming an attorney. Intermediate Students will construct, share and invent analogies to enhance their comprehension on roles and responsibilities of attorneys in the United States. Students will create three similes to help someone understand criticisms of attorneys, especially public defenders. Students will also work in pairs or groups of 3, 4 or 5 to complete the following analogies: Attorneys are to crime fighters as __________________ is to ________________. Attorneys are to suspects as _____________ is to ___________________. Two groups merge to share analogies and create one more analogy inspired by the four they have together. Advanced

Instruction/ Learning Activity

Students will create a list of descriptive and or comparative words to describe what it would be like to be an attorney.

Students will construct, design and develop a hazard road sign (similar to a stop, yield, detour, or construction signs) to warn people about tips on options of obtaining an attorney in the United States criminal justice system.

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Assessment

Each list will contain no less than 10 statements, appropriately describing and/or comparing legal terms and concepts

A simile is a figure of speech that directly compares two different things, usually by employing the words like or as. Each simile must be precise, explicitly predicating a single feature of a target or to vaguely predicate an under-determined and open-ended body of features.

Disadvantages to not hiring a lawyer: Most defendants are not adequately trained in the law to represent themselves The average criminal defendant will be unfamiliar with the requirements of law needed to prove that they are not guilty. Even common criminal charges like burglary can be complicated because there are many elements to prove. There are many procedural rules that must be followed in court, such as how to make objections and how to enter evidence. Advantages of having a lawyer: Defendants risk losing their case because they are unequipped to argue on their own. Public defenders usually work in niched areas of legal specialty, such as DWI or domestic violence defense. They tend to be up-to-date on new law and legal theories in their area of specialty. A public defender is likely to be very efficient at sizing up your case and presenting an acceptable plea bargain deal to the prosecutor and judge. As a result, you may be done with the criminal process and on with the rest of your life sooner than if you were represented by a private attorney.

Resources

Textbook, Internet encyclopedia or reference website

Textbook, Internet encyclopedia or reference website

Textbook, poster paper, markers

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Elaborate (15 min): How will the students expand on the concepts they have learned, make connections to other related concepts, and apply their understandings to the world around them. (1e) Discussion Topics 1. Ask students to discuss the appointment of public defenders to indigent defenders. 2. Are defendants who use public defenders at a disadvantage during the court process? Why or why not? 3. What can be done to ensure all defendants have access to quality defense? Evaluate/Formative Assessment (10 min): How will I reinforce the objectives importance and its link to past and future learning? How will the formative assessment relate to their homework? (1e, 1f) Students will choose one of the Discussion Topics (public defenders and defendants in the court process) and create lists of advantages and disadvantages and choose the most important from each list and explain why they believe the advantage and disadvantage they chose are more important than others listed. *Information above related to FFT 1a, 1c, 1e

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Unit Unit Title Number of Days Key Points

Unit 7 The Pretrial Procedures Day 2 of 3 The Steps Leading to a Trial 1. The steps involved in the pretrial criminal process includes: a. Suspect arrested b. Initial appearance before a magistrate, at which time the defendant is informed of his or her constitutional rights and a public defender may be appointed or private counsel may be hired by the state to represent the defendant c. The posting of bail or release on recognizance d. Preventative detention, if deemed necessary to ensure the safety of other persons or the community, or regular detention, if the defendant is unable to post bail e. Preliminary hearing (mini-trial), at which the judge rules on whether there is probable cause and the prosecutor issues a claim for information or a similar alternative f. Grand jury hearings, after which an indictment is issued against the defendant if the grand jury finds probable cause g. Arraignment, in which the defendant is informed of the charges and must respond by pleading not guilty or guilty, or in some cases nolo contendere (Latin for I will not contest), in which he or she chooses not to challenge the charges brought by the government h. Plea bargaining, in which the accused and the prosecutor work out a mutually satisfactory conclusion to the case, subject to court approval. The Prosecutorial Screening Process 2. Prosecutorial discretion includes the power not to prosecute cases. 3. Most prosecutors have a screening process for deciding when to prosecute and when to noll nolle prosequi or to be unwilling to pursue a phrase amounting to do not prosecute. 4. This process varies a bit, but most prosecutors consider several factors in making the decision: a. Is there sufficient evidence for conviction? b. This is the most important factor in determining prosecution. c. What is the priority of the case? d. The more serious the alleged crime, the higher the priority. e. The more extensive the defendants criminal record, the higher the priority

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f. Are the victims cooperative? g. Violence against family members often yields uncooperative victims, so these cases are rarely prosecuted h. Are the victims reliable? i. Might the defendant be willing to testify against other offenders? Daily Objectives Students will: 1. indicate the three types of defense allocation programs (public defender, private law firm attorneys, legal aid offices) 2. list the three basic features of an adversary system of justice in order to review legal concepts explored in the previous lesson 3. identify the steps involved in the pretrial criminal process Chapter 9 http://pd.co.la.ca.us/ Los Angeles County Public Defenders Office Ask student to go online and visit the Los Angeles County Public Defenders Office. The LA County Public Defenders office employs more than 700 attorneys. Essential Questions: What is their function in the criminal justice system? What services do these men and women provide? http://cte.unt.edu/law/curriculum/court-systems-practices Court Systems & Practices, Career and Technical Education Court Systems and Practices is an overview of the federal and state court systems. The course identifies the roles of judicial officers and the trial processes from pretrial to sentencing and examines the types and rules of evidence. Emphasis is placed on constitutional laws for criminal procedures such as search and seizure, stop and frisk, and interrogation. Linking Concept Defense counsel is either privately obtained for a fee or appointed by the court. While many public defenders are excellent attorneys and dedicated representatives of their clients, there is a suggestion that public defense counsel may be less than desirable. Heavy caseloads and a lack of resources can impact the amount of preparation that goes into a criminal defense. Some believe that wealthy defendants (those who are able to hire private defense counsel) are actually purchasing their freedom. The pretrial process contains a number of important steps in the justice process. After arrest, defendants are brought before the court to hear the charges against them, and they may be given the opportunity to post bail.

Student Textbook Resources Internet Resources

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STEM Correlation

1. Learn and Apply Rigorous Science, Technology, Engineering, and Mathematics Content STEM proficient students will learn and apply rigorous content within science, technology, engineering, and mathematics disciplines to answer complex questions, to investigate global issues, and to develop solutions for challenges and real world problems. B. Apply science, technology, engineering, or mathematics content to answer complex questions, to investigate global issues, and to develop solutions for challenges and real world problems. 7. Apply Technology Strategically STEM proficient students will apply technology appropriately to answer complex questions, to investigate global issues, and to develop solutions for challenges and real world problems. A. Identify and understand technologies needed to develop solutions to problems or construct answers to complex questions. B. Analyze the limits, risks, and impacts of technology. C. Engage in responsible/ethical use of technology. D. Improve or create new technologies that extend human capability.

Important Gideon v. Wainwright (1963), Mapp vs. Ohio (1961) Court Cases *Information above related to FFT 1a, 1c, 1e*

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Unit Unit Title Number of Days Key Points

Unit 7 The Pretrial Procedures Day 3 of 3 Pleading Guilty Based on the information or indictment, the prosecutor submits a motion to the court to order the defendant to appear before the trial court for an arraignment At the arraignment, the defendant is informed of the charges and must respond by pleading guilty or not guilty, or plead nolo contendere Most frequently, the defendant pleads guilty to the initial charge or to a lesser charge that has been agreed on through plea bargaining between the prosecutor and the defendant Plea bargaining in the criminal justice system o Plea bargaining usually takes place after the arraignment and before the beginning of the trial o Plea bargaining is a process by which the accused, represented by a defense counsel, and the prosecutor work out a mutually satisfactory disposition of the case, subject to court approval o Plea bargaining takes on several different forms Charge bargaining Sentence bargaining Count bargaining Motivations for plea bargaining Prosecutors and plea bargaining In most cases, a prosecutor has a single goal after charging a defendant with a crime: a conviction Plea bargaining removes the risk that a jury or judge may disagree with the case as presented by the prosecutor Plea bargaining can save a questionable case Plea bargaining reduces the time and money spent on each case Defense attorneys and plea bargaining 1. Favorable plea bargains are often the best a defense attorney can do for his clients a. May increase profit margins by quickly disposing of cases 2. A defense attorney may want ingratiate themselves with the other members of the courtroom by showing their reasonableness Defendants and plea bargaining 1. The plea bargain allows the defendant a measure of control over his or her fate 2. The benefits of plea bargaining are tangible: defendants who plea bargain receive significantly lighter sentences on average that those who are found guilty at trial

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Victims and plea bargaining 1. About of states allow victims to participate in the plea bargaining process 2. Victims seek to be reasonably heard a. Plea Bargaining and the Adversary System b. Strategies that induce a plea bargain c. The most common is the ethically questionable practice of overcharging i. Horizontal overcharging ii. Vertical overcharging 3. Defendants must sign a Boykin form which demonstrates that they understand and accept the plea bargain and waive their right to a trial Daily Objectives Students will: 1. indicate the three influences on a judges decision to set bail 2. explain how a prosecutor screens potential cases 3. indicate the ways that both defense attorneys and prosecutors can induce plea bargaining Chapter 9 None noted http://www.wjla.com/articles/2012/07/kirk-odom-exonerated-of-guilt-in-1981-sexualassault-77730.html News Report: Kirk Odom Exonerated of Guilt in 1981 Sexual Assault Case A 49-year-old man who was convicted of, among other things, raping a young woman in 1981 has been exonerated of the crimes by DNA evidence, the U.S. Attorney's Office announced Tuesday, July 10, 2012. Three factors influence a judges decision to set bail (a) uncertainty about the character and criminal history of the defendant, (b) the risk that the defendant will commit another crime if out on bail, and (c) over crowded jails. During the arraignment, defendants are asked to enter a plea. Defendants may plead innocent of the charges, guilty, or no contest. Plea bargaining is common; indeed most cases never proceed to criminal trial. Prosecutors often engage in horizontal or vertical overcharging so that they have room to bargain in the plea bargaining process. A successful plea bargain spares both sides the expense of a criminal trial and ensures the defendant will be convicted of criminal charges. However, this practice can be viewed as somewhat controversial. 4. Engage in Inquiry STEM proficient students will engage in inquiry to investigate global issues, challenges, and real world problems. A. Ask questions to identify and define global issues, challenges, and real world problems. B. Conduct research to refine questions and develop new questions.

Textbook CD Resources Internet Resources

Linking Concept

STEM Correlation

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5. Engage in Logical Reasoning STEM proficient students will engage in logical reasoning to answer complex questions, to investigate global issues, and to develop solutions for challenges and real world problems. A. Engage in critical thinking. B. Evaluate, select, and apply appropriate systematic approaches (scientific and engineering practices, engineering design process, and/or mathematical practices). C. Apply science, technology, engineering, and mathematics content to construct creative and innovative ideas. United States vs. Salerno (1987), Stack v. Boyle (1951)

Important Court Cases *Information above related to FFT 1a, 1c, 1e*

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Warm-up (10 min): How will I focus, prepare and engage students for the lessons objective? Separating Emotions from Reason: Casey v. Musladin Present students with the following scenario and after 1 minute of brainstorming, ask the students to jot down their own initial ideas about the scenario. With their elbow partners, students should compare their ideas and come up with a unified explanation for both partiesthe jury and the alleged murderer (defendant). Scenario: If the friends and family of a murder victim sit in the trial of the alleged murderer wearing buttons printed with a picture of the deceased, does that prejudice the jury and risk depriving the defendant of his 6th Amendment right to an impartial jury? Engage (10 min): The students use prior knowledge and the students current conceptions and misconceptions to engage the student in the topic. Rules of Civility: (M) (L) Each student should be issued the Rules of Civility handout (or it may be displayed on the LCD projector) so that norms may be established for the remainder of the class period. Separating Emotions from Reason Report-Outs: Each group of students who worked together should provide a brief report-out of their ideas regarding the case. Ask students to jot down the ideas of other groups that they do not agree with. No student should be allowed to blurt out their disagreement---refer to the Rules of Civility (Many of the responses may be similar; however, encourage a variety of ideas) Explain: (20 min): Explanation is the point at which the learner begins to put the abstract experience through which she/he has gone through into a communicable form. (1e) (D) Activity: OPTION 1Review The Criminal Trial Process PowerPoint: Explanation of Amendment 5 & 6 components listed in the Key Points. Students should take thorough notes because they will be debating the position later in the lesson. Activity: OPTION 2Review the videos that explain Amendments 5 & 6 (T) YouTube Video 1: http://www.youtube.com/watch?v=mTax5HigkPE&feature=related (0:32) Video 2: George Zimmerman Waives his right to a speedy trial (1:52) http://www.youtube.com/watch?v=fG623wbfcTA Discovery Education Video 1: The Rights of Those Accused of a Crime (4:33) Video Segment: The 4th and 5th Amendments (3:17) Video Segment: The 6th and 7th Amendments (2:50) **In addition to the right to a speedy trial, the Sixth Amendment also provides for a public trial with an impartial jury, the right to confront witnesses, the right to summon witnesses in the defendants favor, and the right to the assistance of counsel. The Fifth Amendment allows that defendants cannot be compelled to testify against themselves. Furthermore, the decision not to testify cannot be used by the jury in its decision regarding guilt or innocence. Witness may also take the fifth, although many choose to testify in exchange for immunity. Extended Activity: (if time permits)-(T)
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Ask students to debate this practice. Is it appropriate to release a witness from criminal accountability in exchange for the increased likelihood of convicting another individual? Teacher could possibly show a quick video clip further explaining the immunity process: http://www.youtube.com/watch?v=50-bfyHeANA (0:32) Explore: (30 min): The students use inquiry skills and current conceptions to think critically about a concept and to ask relevant questions during hands-on activities that teach. (1e) Casey v. Musladin Debate: (I) (C) Ask students to use their prior knowledge to define debate. Teacher should clear up any misconceptions or myths regarding this definition. (M) (L) Provide all students with the Background information & Facts of the case (or this may be displayed on the LCD projector)may be found at http://www.pabar.org/public/education/lawday/carey-musladin-lesson.pdf There should be two groups: divide the partnerships from the Warm-Up Activity. Assign one member of the group to Side A and the other to Side B (do not disclose to the students which side thinks 6th Amendment was violated until the groups have been divided). PART 1: (5-7minutes) The two separate groups (desks should be arranged to reflect these groups) should deliberate amongst each other on their positions: Side A- 6th Amendment WAS violated; Side B- WAS NOT violated. Refer to the Tips & Strategies for Debate and the Rules of Civility to keep the debate structured Issue: Whether the wearing of buttons showing a picture of a murder victim by spectators in a courtroom during the trial of the alleged murder may prejudice the jury. PART 2: (5-7minutes) Provide all the students with Procedure and Habeaus Corpus of the case (or this may be displayed on the LCD projector)-may be found at http://www.pabar.org/public/education/lawday/carey-musladin-lesson.pdf Side A & B should deliberate amongst each other to prepare a reaction to the court rulings **Remind students of Rules of Civility as often as necessary Elaborate (20 min): How will the students expand on the concepts they have learned, make connections to other related concepts, and apply their understandings to the world around them. (1e) Closing Arguments: Depending on the size of the class and the amount of time remaining, the two larger groups (Side A and Side B) may be divided into smaller groups to deliberate on how the 5th Amendment rights could have been added to the scenario. Allow the students to be creative during this activity. They should refer to the notes taken during the review of the 5th Amendment. Each closing argument should include elements of both the 5th & 6th Amendment. Evaluate/Formative Assessment (15 min): How will I reinforce the objectives importance and its link to past and future learning? How will the formative assessment relate to their homework? (1e, 1f)

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Go to http://www.youtube.com/watch?v=nsGpNQwH6ZI (4:07) to watch a Fox News video discussing Solyndra hearings before Congress in which executives were expected to take the fifth, and possible alternatives for information gathering. Each student should write their reaction to the video being certain to identify elements of the 5th Amendment Homework: Direct students to search online for examples of one case that either violates or upholds the 5th Amendment and one case that either violates or upholds the 6th Amendment. Have them share their findings with the class. (T) (C) Students should go to http://www.youtube.com/watch?v=LMFDPhnS0L8 to watch an animated video that thoroughly examines double jeopardy protections, with detailed examples and ramifications and its history. Write a short reaction to this video and include elements of the 5th Amendment.

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Unit 8: The Criminal Trial


Unit Unit Title Number of Days Key Points Unit 8 The Criminal Trial Day: 1 of 6 Amendment IV (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) Speedy Trial Act of 1974 No more than 30 day between arrest and indictment, 10 days between indictment and arraignment, 60 days between arraignment and trial. Statutes of limitations limit the amount of time prosecutors have to bring criminal charges against a suspect after a crime is committed. Twelve member jury is usually used. Under six is not successful. Jury verdicts must be unanimous for acquittal and conviction. acquittal is when the jury clears you of all charges conviction is when they find you guilty The privilege against self incrimination The Fifth Amendment states that no person has to be a witness against themselves. When a witness testifies, the option exists to Plead the Fifth as to not answer a question because its answer will have you identify your own wrongdoing. It usually doesnt apply because people are usually granted immunity prior to trial Defendants are considered innocent until proven guilty. The burden of proof is on prosecution. They must prove guilt beyond a reasonable doubt. Students will: - analyze a fictional court case/scenario in order to identify the speedy trial and impartial jury components of the 6th Amendment. - analyze a fictional court case/scenario in order to explain how pleading the 5th is associated with the 5th Amendment. Chapter 10 Chapter 10 PowerPoint Casey v. Musladin Case: http://www.pabar.org/public/education/lawday/carey-musladinlesson.pdf Additional Resources: http://www.courts.wa.gov/education/lessons/?fa=education_lessons.display&displayid=Procjust
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Daily Objectives

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STEM 1. Asking questions (for science) and defining problems (for engineering), 2. Developing and Correlation using models 3. Planning and carrying out investigations, 4. Analyzing and interpreting data, 5. Using mathematics and computational thinking, 6. Constructing explanations (for science) and designing solutions (for engineering), 7. Engaging in argument from evidence, 8. Obtaining, evaluating, and communicating information Important Casey v. Musladin Court Barker v. Wingo Cases Zedner v. United States *Information above related to FFT 1a, 1c, 1e*

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Unit Unit Title Number of Days Key Points

Unit 8 Unit 8: The Criminal Trial (chapter 10) Day 2 of 6 JURY SELECTION 1. Trial should take place in the community where crime was committed due to community values 2. Jury eligibility includes: citizenship, over 18, no felony convictions, healthy enough, intelligent enough to understand issues of trial, able to read, write, and understand the English language. 3. The jury poot comes from voter registration and/or drivers license rolls 4. Venire is a group of citizens from which a jury is selected 5. Voir dire is the preliminary questions that attorneys ask to determine bias and/or connection to the defendant and witnesses. 6. Peremptory challenges are where attorneys challenge to exclude a potential juror from serving. They do not need reason or cause. 7. The steps in a criminal trial include 1. opening statements 2. prosecutions case 3. cross examination by defense 4. motion for directed verdict (by defense: basically states that not enough evidence was presented to prove the accused is guilty) 5. defenses case 6. rebuttal 7. surrebuttal (another motion for directed verdict) 8. closing arguments 9. Jury instructions 10. jury deliberation 11. verdict 12. appeal Students will compare and contrast actual experience and a perceived one in order to draw conclusions during a voir dire simulation Chapter 10 Chapter 10 PowerPoint Voir Dire Simulation: http://www.americanbar.org/groups/public_education/resources/resources_for_judges_lawyers/79_due process_voir.html http://www.americanbar.org/groups/public_education/resources/resources_for_judges_lawyers/voir_dire ctions.html http://www.americanbar.org/groups/public_education/resources/resources_for_judges_lawyers/voir_cas e.html http://www.americanbar.org/groups/public_education/resources/resources_for_judges_lawyers/voir_juro rs.html http://www.americanbar.org/groups/public_education/resources/resources_for_judges_lawyers/voir_que stions.html 117

Daily Objectives Textbook CD Resources Internet Resources

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Linking Concept STEM Correlation

Important Court Cases *Information above related to FFT 1a, 1c, 1e*

According to the 6th Amendment defendants are guaranteed an impartial jury during a trial and the voir dire simulation will allow students to see how this amendment is upheld. 1. Asking questions (for science) and defining problems (for engineering), 2. Developing and using models 3. Planning and carrying out investigations, 4. Analyzing and interpreting data, 5. Using mathematics and computational thinking, 6. Constructing explanations (for science) and designing solutions (for engineering), 7. Engaging in argument from evidence, 8. Obtaining, evaluating, and communicating information Batson v. Kentucky (1986)

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Warm-up (10 min): How will I focus, prepare and engage students for the lessons objective? The 6th Amendments guarantees the defendant an impartial jury. How would you determine if potential jury members are impartial? Choosing an Impartial Jury Activity: (I) Each student should receive a Choosing an Impartial Jury handout (or this handout could be given to every other student so students may work in pairs). Allow a few moments for students (groups) to go over the handout and decide which characters would be an impartial juror. Students (groups) should be able to justify their decisions. Engage (10 min): The students use prior knowledge and the students current conceptions and misconceptions to engage the student in the topic. Review Chapter 10 PowerPoint presentation & The Criminal Trial Process PowerPoint Presentation Students should take careful & thorough notes on the jury selection process OR teacher could prepare copies of the PPT presentation for students to write additional notes on. The purpose of voir dire questioning is to obtain a fair and impartial jury. The selection process in which prospective jurors are questioned and challenged for bias can turn out to be a battle of wits and maneuvering more dramatic than the trial itself. The ultimate objective of voir dire is to ferret out the prejudice and bias that lurks in some areas of the thinking of every juror. During the presentation the teacher could ask probing questions to incite the students to asking additional questions. Potential Question: "Why does society think that 12 persons brought in from the street, selected in various ways for their lack of general ability, should have any special capacity to decide controversies between persons?" Explain: (15 min): Explanation is the point at which the learner begins to put the abstract experience through which she/he has gone through into a communicable form. (1e) Voir Dire Simulation Activity: (Student Lawyers: Prosecutors and Defense) Teacher should divide the class into two groups: Prosecutors and Defense OR (depending on the size of the class) have smaller groups representing the Prosecutors and Defensethese smaller groups can combine into larger groups later. In the groups student lawyers (prosecutors and defense) should make a list of all the favorable features sought in the ideal juror on one side of a sheet of paper and all the unfavorable features on the other side. Prioritize these features. An adequate inventory should include five to seven features on each side. After the catalog is complete, study it carefully. This exercise will help the students to think clearly about what kind of a jury is desired. **If students were in smaller groups, allow an opportunity for the smaller Prosecutor/Defense groups to combine and compare their catalog of (un)favorable juror traits. The combined list should be condensed to 5-7 features. The two groups (Prosecutor/Defense) should identify 4-5 people from each team (totaling 8-10 people) to act as potential jurors that have to meet to qualifications set by the opposing group. The purpose is to determine the validity of the juror features that the Prosecutor and Defense teams developed in their catalogs. The Prosecutors will present a feature from their catalog only potential jurors who meet the criteria will be asked to remain. The Defense will present a feature from their catalog, only potential jurors who meet the criteria will be asked to remain. Repeat this until all features in each catalog has been presented.
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Explore: (35 min): The students use inquiry skills and current conceptions to think critically about a concept and to ask relevant questions during hands-on activities that teach. (1e) Voir Dire Case Description: Jennifer, age 20, was returning to State Technical College after spending the weekend with friends at the beach. She was not concentrating on her driving, and swerved off the right side of the road near the corner of Dale and Elm streets in Raleigh. She ran over Mr. Driscoll's lawn, damaging shrubs and knocking down his fence. An officer happened to drive by. After observing the situation he had reason to believe Jennifer had been drinking. There were two empty beer cans in the car. Jennifer's subsequent breathalyzer reading was .08. The damage to Mr. Driscoll's property is estimated at $850. The officer charged her with Driving While Impaired (DWI) under the Safe Roads Act of 1983. If convicted, Jennifer could be fined up to $2,000 and be imprisoned from twenty-four hours to two years. Jennifer is single, white and lives with two friends in an apartment. She has a part-time job as a waitress at Tony's Diner. She has never been in a car accident before, but is known to be a party girl. She is majoring in drafting and received a partial scholarship from her hometown Chamber of Commerce Now that students have the case information, it is now time for jury selection!! TIERED ASSIGNMENT Basic Intermediate Outcome/Performance Using the Prospective Using the Prospective indicator Jurors: The Selection Jurors: The Selection Process handout Process handout students will use students will use the elements of the voir dire elements of the voir dire process to identify 12 process to categorize possible jurors based the 12 possible jurors on the Case Description based on the Case Description and explain why they made this decision Instruction/Learning Activity Read all 30 of the potential jurors and place a check next to the 12 jurors that would create an impartial jury based on the 6th Amendment

Advanced Using the Prospective Jurors: The Selection Process handout students will use the elements of the voir dire process to develop a logical argument why the remaining 18 potential jurors would not uphold the rudiments of Amendment 6. Categorize the 30 Develop a logical potential jurors argument as to why the explaining why you remaining 18 jurors chose the 12 jurors over were not chosen. the other 18 that would Additionally, create five create an impartial jury more jurors who have based on the 6th qualities that would Amendment meet the impartial jury criteria based on the 6th Amendment

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Assessment

Properly Selecting the 12 Jurors Formative Quiz on the Voir Dire Process

Properly Distinguishing the 12 Jurors from the Non-Jurors and Providing Proper Evidence to the Claim that the Selected 12 Jurors Meet the Voir Dire Criteria Formative Quiz on the Voir Dire Process Prospective Jurors: The Selection Process Handout

Providing Proper Evidence to the Claim that the Remaining 18 Jurors Do Not Meet the Voir Dire Criteria Creating five New Jurors Formative Quiz on the Voir Dire Process Prospective Jurors: The Selection Process Handout

Resources

Prospective Jurors: The Selection Process Handout

Elaborate (15 min): How will the students expand on the concepts they have learned, make connections to other related concepts, and apply their understandings to the world around them. (1e) Now that the jurors have been selected it is time to see if they have any bias or prejudice about the case. Give each student or group a copy of the Questions for the Identified Jurors handout (or this could be displayed on the LCD projector). Students should determine which of the 30 questions (if not all) should be asked to each juror, and why? This can be done as a whole group activity or the students may be divided into groups according to academic levels, gender, or heterogeneously. Evaluate/Formative Assessment (10 min): How will I reinforce the objectives importance and its link to past and future learning? How will the formative assessment relate to their homework? (1e, 1f) After students have selected a jury, they can write a mock trial to accompany the fact sheet provided in the voir dire simulation. Closing (10 min): How will I close out the class and have the students synthesize the information learned? (1e) Free-Writing Activity: Contrast challenges for cause and peremptory challenges during voir dire.

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Homework: Go to http://www.youtube.com/watch?v=_d7OgLorClE&feature=related to see a straightforward video about the realities of expert witness testimony. Be ready to discuss next class. Refer to Chapter 10 and any reliable internet source to type a two page paper that addresses the following topics: the standard steps in a criminal jury trial. the difference between testimony and real evidence, between lay witnesses and expert witnesses, and between direct and circumstantial evidence. the possible affirmative defenses. the five basic steps of an appeal. **Include important court cases that are associated with each topic

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Unit Unit Title Number of Days Key Points

Unit 8 The Criminal Trial Day 3 of 6 1. 2. testimony vs. evidence 1. testimony is verbal information given under oath 2. evidence is used to support the validity or prove a fact invalid. lay witness vs. expert witness 1. lay witnesses can testify to information without having special training or knowledge 2. expert witnesses have special training and can base their testimony on personal knowledge of data or facts, material presented at trial, or secondhand information given to the expert outside of court direct vs. circumstantial evidence 1. direct evidence establishes the existence of a fact that is in question without relying on inference. 2. circumstantial evidence is offered to establish be inference that likelihood of a fact that is in question. affirmative defenses - defense rules that a defendant did commit crime, but should be considered innocent due to special circumstances 1. self-defense 2. insanity 3. duress 4. entrapment

3.

4.

Daily Objectives

Students will: 1. differentiate between testimony and real evidence, between witnesses and expert witnesses, and between direct and circumstantial evidence in order to draw conclusions in case studies 2. list possible affirmative defenses in order to determine how successful these strategies were in actual criminal trials Chapter 10 Chapter 10 PowerPoint Lookin for Evidence: http://www.icivics.org/teachers/lesson-plans/lesson-3-lookin-evidence Federal Court (Forensic Evidence) http://www.enotes.com/federal-court-forensic-evidence-reference/federal-court-forensicevidence Expert Witnesses http://www.enotes.com/expert-witnesses-reference/expert-witnesses Types of Evidence http://www.binishi.com/types-of-evidence/ http://www.law.washington.edu/Clinics/Streetlaw/lessons.aspx

Student Textbook Resources CD Resources Internet Resources

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Linking Concept

The steps of a criminal trial, which were identified in the previous lesson, are the foundation for determining how to move forward with criminal procedures (discussed in this lesson) STEM Correlation 1. Asking questions (for science) and defining problems (for engineering), 2. Developing and using models 3. Planning and carrying out investigations, 4. Analyzing and interpreting data, 5. Using mathematics and computational thinking, 6. Constructing explanations (for science) and designing solutions (for engineering), 7. Engaging in argument from evidence, 8. Obtaining, evaluating, and communicating information *Information above related to FFT 1a, 1c, 1e*

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Unit Unit Title Number of Days Key Points

Unit 8 The Criminal Trial Day 4 of 6 There are four primary sentencing philosophies - Retribution is societys method of expressing disapproval. Typically, repeat offenders receive harsher sentences. Retribution is not revenge, as its primary motivation is society as whole. The principle of wrongdoing states that society is justified for punishment if a person knowingly committed the crime. - Deterrence is designed to prevent others from committing the same crime General deterrence that the punishment of one person will prevent others from committing a similar crime; whereas specific deterrence is focused on the same individual committing the same crime again because of its harsh punishment. - Incapacitation to put the criminal in a place where they cannot commit the crime Violent crimes tend to increase where there is early release due to overcrowding prisons. Higher levels of incarceration lead to fewer violent crimes, but little impact on property crime. Selective incarceration longer sentences for career criminals or others who are more likely to commit further crimes. Collective incapacitation is where all offenders receive the same sentence, for the same crime. - Rehabilitation treatment to address the underlying problem to prevent criminal behavior can be more cost effective if the right program is developed and utilized. There are three types of criminal codes that affect sentencing - Indeterminate Sentencing There is a set minimum and maximum. When the minimum is met, the inmate can go up for parole. Regardless, the inmate is released when the maximum is reached. - Determinate Sentencing The sentence must be fulfilled in full. - Good Time and Truth in Sentencing Good time is time for behaving well; Truth in sentencing is when serious criminals must complete 85% of their sentences before any time can be considered for time off.

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Forms of punishment Capital Punishment - Normally reserved for those who commit first degree murder under aggravated circumstances. It is also called the death penalty and is a sentencing option in 34 states and in Federal Courts. Imprisonment - Also called incarceration, it is the most common form of punishment historically speaking, however conditions such as overcrowding and other factors are forcing judges to consider alternate forms punishment. Probation - A form of punishment in which the offender is allowed to live in the community under strict supervision. Fines - A form of monetary punishment most often used in minor cases when the judge or the legislature do not believe the situation warrants a more severe punishment. Restitution and Community Service - Reparations to the injured party or the community. Restitution is a direct payment to the victim Community Service is work that benefits the community. Apologies - A form of restorative justice in which the offender must apologize to all parties concerned. For example an offender that vandalizes a church must apologize to the congregation. This form of punishment is often used in conjunction with other forms of punishment such as fines and restitution.

Daily Objectives Student Textbook Resources Internet Resources

Students will discuss the various goals of sentencing in order to evaluate the pros and cons of each area of focus. John Patterson and Michael Albansi Bad Habits Text p. 356 Sentencing Law and Policy http://sentencing.typepad.com/sentencing_law_and_policy/2011/01/outstanding-localmedia-coverage-of-the-crime-prosecution-and-punishment-of-kiddle-porndownloaders.html Alternatives to Incarceration http://www.whitehouse.gov/sites/default/files/ondcp/Fact_Sheets/alternatives_to_incarcer ation_policy_brief_8-12-11.pdf

Linking Concept STEM Correlation

Assign essay assignment: Is the death penalty right? 6. Constructing explanations (for science) and designing solutions (for engineering), 7. Engaging in argument from evidence, 8. Obtaining, evaluating, and communicating information

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Important Court Cases

John Patterson and Michael Albansi Sentencing Law and Policy http://sentencing.typepad.com/sentencing_law_and_policy/2011/01/outstanding-localmedia-coverage-of-the-crime-prosecution-and-punishment-of-kiddle-porndownloaders.html *Information above related to FFT 1a, 1c, 1e*

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Unit Unit Title Number of Days Key Points

Unit 8 The Criminal Trial Day 5 of 6 Sentencing Process (LO 5 p. 366) Sentencing Decision Judge - Make the final sentencing decision Defendant - Must fulfill the requirements set by the judge. Probation Officer - Prepares a Presentencing Report and submits recommendations to the judge. Prosecutor - The job of the Prosecutor is to look after the well being of the community in sentencing and thus they often recommend harsher sentences than what the judge gives. Defense Attorney - Makes recommendations to the court that are not prejudicial to the client Jury - Makes decisions whether or not to administer the death penalty and in six states makes the sentencing decision in non-capital cases. o Factors of Sentencing o Seriousness of the crime o Mitigating Circumstances - Elements of the case that are considered that might lessen the seriousness of the crime such as first offence or defendant was coerces into committing the crime. o Aggravating Circumstances - Elements surrounding a case that may influence a judge or jury to administer a harsher sentence such as the defendant being a repeat offender, having a blatant disregard for public safety, drug related crime, or the use of a weapon in committing the crime. o Why Sentencing Reform Occurs (LO 6 p. 369) o Sentencing Disparity - A situation in which those convicted of similar crimes do not receive similar sentences. This occurs when: o Criminals receive similar sentences for different crimes of unequal seriousness o Criminals receive different sentences for similar crimes o Mitigating or aggravating circumstances have a disproportionate effect on sentences o Geographic Disparities - Differences in penalties received for similar crimes dependant on where the crime was committed. California generally gives lighter punishments than Virginia o Federal v. State Court Disparities - Differences in sentencing resulting from more stringent sentencing guidelines of the Federal Courts. o Racial Discrimination - Differences in penalties resulting from race. Note: Some studies show that while minorities sometimes receive harsher penalties than whites, this is sometimes the result of Geographic Disparity rather than racial disparity. 128

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o Gender Disparity - Women who are convicted are less likely to go to jail than men and will serve on average 29 months less than men sentenced for a violent offense and nine months less for property related offenses. The Sentencing Reform Act of 1984 prohibits gender disparity. Pros and Cons of Victim Impact Statements (LO 7 p.376) 1. Pros a. Balances proceedings by giving the victims a voice b. Has a psychological benefit for the victims c. Helps the judges and juries make a more informed decision on sentencing by giving them a better understanding of the consequences of the crime 2. Cons a. Injects prejudicial evidence into the sentencing process b. Distracts judges and juries from the facts of the case c. Inject the ideal of "Social Value" into the case when the punishment should be decided on the circumstances i. Social Value of the victim may include his or her standing in the community, their role as a family member, etc. Daily Objectives CD Resources Internet Resources Linking Concept Students will utilize knowledge of the sentencing process in order to evaluate case studies to determine the proper sentence. Mandatory Sentencing Case Studies Mandatory Sentencing Case Studies http://www.classroomlaw.org/files/postspages/resources/lesson_plans/lesson_plan.pdf Students will use the attributes of a crime, age of victim and criminal, and circumstances to determine appropriate sentence.

Remind students that the Death Penalty Essay will be due next class. Ask each student to bring in one piece of data in regards to the death penalty. The data can be nationally, state, or county based. They must properly cite the source in APA format. Take time to show them this process. STEM 4. Analyzing and interpreting data, 5. Using mathematics and computational thinking, Correlation 6. Constructing explanations (for science) and designing solutions (for engineering), 7. Engaging in argument from evidence, 8. Obtaining, evaluating, and communicating information *Information above related to FFT 1a, 1c, 1e*

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Quarter/Module Quarter 2 / Unit 8 Unit Title Number of Days Key Points Sentencing 3 of 3 Bifurcated Process of Capital Punishment (LO 8 p. 381) 1. Criminal Trial Phase o Not Guilty - No Penalty o If Guilty of a Capital Offence - Move to Stage 2 2. Sentencing Hearing Phase - Jury decides: Do the circumstances surrounding the crime justify the Death Penalty o If No: Life in prison without parole o If Yes: Assign Execution Main Issues of Death Penalty Debate Pros

Cons

Deterrence - People will not kill another if it will cost them their life to do so. Incapacitation - If the criminal is dead he or she cannot kill again. Justice to the Victim - An Eye for an Eye Too few executions are carried out in the US to determine impact of deterrence. Life without parole incapacitates a murderer as well as killing them Death Penalty is Arbitrary - Only 2%of convicted murders are sentenced to death Death Penalty is influenced by Geographic Disparity - While 34 states have the Death Penalty, 2/3 of all executions occur in just six states. Death Penalty is discriminatory - 42% of all inmates on death row are black. Economic - The average death penalty trial cost two million dollars more than a capital crime in which the death penalty is not sought.

Daily Objectives Student Textbook Resources CD Resources Internet Resources Linking Concept

Students will engage in intellectual discussion in order to refine and clarify their beliefs on the Death Penalty in essay format. Chapter 11 Writing an Argumentative Essay Peer Edit Sources: Universal Declaration of Human Rights (text) U.S. Constitutions Bill of Rights Death Penalty Sentencing is controversial because it relies on an interpretation of constitutional rights 130

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4. Analyzing and interpreting data, 5. Using mathematics and computational thinking, 6. Constructing explanations (for science) and designing solutions (for engineering), 7. Engaging in argument from evidence, 8. Obtaining, evaluating, and communicating information *Information above related to FFT 1a, 1c, 1e*

STEM Correlation

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Warm-up (10 min): How will I focus, prepare and engage students for the lessons objective? Pass out three index cards per student. Have them list one question that came up about the death penalty, their statistic (including citation), and one question about writing an essay on each card.

Engage (20 min): The students use prior knowledge and the students current conceptions and misconceptions to engage the student in the topic. Universal Declaration of Human Rights (text) U.S. Constitutions Bill of Rights Teacher will ask students if the death penalty is mentioned in anywhere in the lists of rights. Engage in a class discussion on the following issues. -How can a right be controversial? -How can different people interpret the same words in different ways? -How does society handle these disputes? (courts etc.) While students work, place their statistic cards around the room, as well as their questions on the death penalty. Keep the cards in regards to their essay questions. Explain: (10 min): Explanation is the point at which the learner begins to put the abstract experience through which she/he has gone through into a communicable form. (1e) Allow groups to report out their answers. Weave into the discussion the key points listed above, such as the process of death penalty determination and or statistics. Do not engage in a discussion on statistics. Explore: (30 min): The students use inquiry skills and current conceptions to think critically about a concept and to ask relevant questions during hands-on activities that teach. (1e) Have students use the corners of the room to demonstrate their opinions on the death penalty. Use one each corner for strongly agree, agree, disagree, and strongly disagree. From this, break students into mixed opinion groups. On their own paper, they should write their pre-discussion opinion. As they walk around the room, allow students to list statistics which support their opinion as well as statistics that refute it. Students should have at least three of each. Where there are questions they should engage in conversation. Elaborate (15 min): How will the students expand on the concepts they have learned, make connections to other related concepts, and apply their understandings to the world around them. (1e) Have students peer edit each others papers, looking for support in the form of data for each supporting paragraph. Students should have the opportunity to edit their papers and/or change their opinions.

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Evaluate/Formative Assessment (10 min): How will I reinforce the objectives importance and its link to past and future learning? How will the formative assessment relate to their homework? (1e, 1f) Review the questions on the essay cards. Explain how the essay assignment will address various issues of sentencing and human rights. Closing (10 min): How will I close out the class and have the students synthesize the information learned? (1e) Revise the assignment for students: Students should now write the same essay. Only now, it should also include support from the links used earlier, as well as statistical evidence. The goal is for students to compose a scientific argumentative essay, not simply an opinion/persuasive essay. It must have data and legal support for its mastery.

Homework: Complete final edit of the essay.

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Curriculum Guide Evaluation Form


This form is to be used by individual teachers to provide a reaction to the curriculum guide currently being used. At the end of each unit taught or after teaching from the entire document, please complete the form and send it to the content area supervisor. Your input is necessary in order to assess what revisions must be made in the document. Thank you for helping to review and revise your curriculum so that it is meaningful to your teaching. PGIN: 7690-1527 _____________________________________________ Name of Unit/Chapter Evaluated ______________________ Instructional/Grade Level __________________ Publication Date No ________ Forensics Law Name of Document

o In-service was received on this publication. Yes ______ o The in-service was (adequate, inadequate) for using this document.

o Teachers could use further in-service on the following topics/chapters/units: __________________________________________________________________ __________________________________________________________________ o The errors/omissions noted in the document are on page(s)___________________ __________________________________________________________________ o The best written and most helpful sections or pages of this document are: __________________________________________________________________ __________________________________________________________________ o Information needs to be revised on the following: __________________________________________________________________ __________________________________________________________________ o The attached material (outline, lesson plan, etc.) should be added to the document. __________________________________________________________________ __________________________________________________________________
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o Did the format of the guide make it easy to use?

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o What changes would you like to see included? ____________________________ __________________________________________________________________ o Do the lessons contain realistic teaching time frames? Yes _____ No ____ No ____ No ____ No ____

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