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Unit 2: Your Day in Court is Coming!

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Erik Love

on 23 January 2015

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Transcript of Unit 2: Your Day in Court is Coming!

Unit 2: Your Day in Court is Coming!
Beliefs and Ideals
Equal treatment under the law (6e)
Judicial philosophies (16d)
Types of defenses used (21d)
Protections in the system (22a,b)
Conflict Resolution
Individuals, Groups, and Institutions
Rule of Law
Judicial Process (22a)
Effects of crime on victims (21b)
Key documents establishing the judicial
process and explaining civil rights and
civil liberties (6b,c; 16a,c; 22a)

Types of crimes as described by
statutory law (21c)

Criminal and Civil Law (22c)
Nature/causes of crimes (21a)
Sentencing decisions (22d)
Civil liberties and civil rights in conflict (6d)
The beliefs and ideals of a society influence the social, political, and economic decisions of that society.
Societies resolve conflicts through legal procedures,
force, and/or compromise.
The actions of individuals, groups, and/or institutions affect society through intended and unintended consequences.
In a democracy, rule of law influences the behavior of citizens, establishes procedures for making policies, and limits the power of government.
SSCG6 The student will demonstrate knowledge of civil liberties and civil rights.
e. Explain every citizen’s right to be treated equally under the law.
SSCG16 The student will demonstrate knowledge of the operation of the federal judiciary.
d. Compare the philosophies of judicial activism and judicial restraint
SSCG21 The student will describe the causes and effects of criminal activity.
d. Explain the different types of defenses used by perpetrators of crime.
SSCG22 The student will demonstrate knowledge of the criminal justice process.
a. Analyze the steps in the criminal justice process.
b. Explain an individual’s due process rights.
SSCG22 The student will demonstrate knowledge of the criminal justice process.
a. Analyze the steps in the criminal justice process.
SSCG6 The student will demonstrate knowledge of civil liberties and civil rights.
d. Explain how government seeks to maintain the balance between individual liberties and the public interest.
SSCG22 The student will demonstrate knowledge of the criminal justice process.
d. Examine the different types of sentences a convicted person can receive.
SSCG21 The student will describe the causes and effects of criminal activity.
b. Explain the effects criminal acts have on their intended victims.
SSCG21 The student will describe the causes and effects of criminal activity.
a. Examine the nature and causes of crimes.
SSCG6 The student will demonstrate knowledge of civil liberties and civil rights.
b. Analyze due process law expressed in the 5th and 14th Amendments.
c. Explain selective incorporation of the Bill of Rights.

SSCG16 The student will demonstrate knowledge of the operation of the federal judiciary.
a. Explain the jurisdiction of the Supreme Court, federal courts and the state courts.
c. Describe how the Supreme Court decides cases.

SSCG22 The student will demonstrate knowledge of the criminal justice process.
a. Analyze the steps in the criminal justice process.
SSCG21 The student will describe the causes and effects of criminal activity.
c. Categorize different types of crimes.
SSCG22 The student will demonstrate knowledge of the criminal justice process.
c. Describe the steps in a criminal trial or civil suit.
This concept comes from the 14th Amendment to the U.S. Constitution...Let Hip Hughes help you get your learning on:
HISTORY:
When the Supreme Court makes a ruling, it's either showing activism or restraint:
Judicial Activism vs. Judicial Restraint: What they are & how they differ:
Identify the Court Ruling:
Supreme Court Ruling: Activist Restrained

Abortion on demand OK

States determine school
funding

Suspect must be given
rights before questioning

President can't send troops
to war
http://prezi.com/fyojf-srubhc/ga-standard-sscg21/
so you can prezi while you prezi...
Civics/American Government
http://www.cliffsnotes.com/more-subjects/criminal-justice/the-criminal-justice-system/the-process-of-criminal-justice
Define DUE PROCESS:_____________________
What does the 5th Amendment say about due process?
What does the 14th Amendment say about due process?
What's the fundamental difference between the 5th and 14th Amendments to the U.S. Constitution?
FIRST: Read about these standards in your Textbook
Check out pages: 197, 201, 203.
FIRST: Read about these standards in your Textbook
Check out page: 283
FIRST: Read about these standards in your Textbook
Check out pages: 548, 550
FIRST: Read about these standards in your Textbook
Check out pages: 542-549, 168
Class Discussion:
Equality of Opportunity vs. Equality of Outcome
what do you think?
What ideals of our society are protected by the criminal justice process?
In what ways do the ideas of judicial restraint and activism reflect different ideals of our society?
Class Discussion:
What do you think?
To what extent is the criminal justice process in America effective at resolving conflicts?
Class Discussion:
What do you think?
How effective are various sentencing options at resolving conflict?
Class Discussion:
What do you think?
FIRST: Read about these standards in your Textbook
Check out pages: 542-549
FIRST: Read about these standards in your Textbook
Check out page: 548
FIRST: Read about these standards in your Textbook
Check out pages: 21, 199, 570
...too bad you don't like compromise and legal procedures for conflict resolution.
FIRST: Read about these standards in your Textbook
Check out page: 536
FIRST: Read about these standards in your Textbook
Check out pages: 536-540
FIRST: Read about these standards in your Textbook
Check out pages: 149, 121-122
FIRST: Read about these standards in your Textbook
Check out pages: 537-538
FIRST: Read about these standards in your Textbook
Check out pages: 525-529, 562-567
How are criminal actions defined in America?
Class Discussion:
What do you think?
Why is it important to explicitly state rights like those found in the Bill of Rights and the 14th Amendment?
Class Discussion:
What do you think?
Graphic Organizers
Fourth Amendment
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Fifth Amendment
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself; nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation.

Sixth Amendment
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed; which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor; and to have the assistance of counsel for his defence.

Seventh Amendment
In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise reexamined in any Court of the United States, than according to the rules of common law.

Eighth Amendment
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
http://www.justice.gov/usao/justice101/steps.html
Here's how a case works in Federal Court:
What is the purpose of each of these steps? Do you agree with them? Why/Why not? What do the steps say about our beliefs and ideals?
Class Discussion:
What do you think?
After reading the 4th-8th Amendments to the U.S. Constitution, what are your DUE PROCESS rights? What does that mean? What other rights are not included & how are they different (1st, 2nd amendments)? What OTHER DUE PROCESS rights have been added through Judicial Activism?
Class Discussions:
What do you think?
Is Supreme Court Justice Stephen Breyer in favor of Judicial Activism or Judicial Restraint?
Read pages 542-548 in your "Civics: Government and Economics in Action" textbook. Write a story about the time your teacher got arrested for stealing the team mascot of another school the night before the big game. Include as many of the steps in the diagram on pages 546-547 as possible.
ASSIGNMENT:
http://en.wikipedia.org/wiki/Criminal_defenses
http://en.wikipedia.org/wiki/Insanity_defense
In groups of 3 students, define the following terms:




For each term, create an example using the term correctly and explain these to the class.
stare decisis, writ of certiorari, rule of 4, judicial activism, judicial restraint, holding, majority opinion, dissenting opinion, concurring opinion
At the conclusion of the group work, you should continue writing your earlier story about the steps in the Criminal Justice System to include your teacher's appeal to the Supreme Court of the United States. The continuation should include an accurate and entertaining explanation of all of the terms in red above.
students read the following article:
http://theamericanbeacon.com/2011/10/28/individual-rights-versus-public-order-in-america/
Working with a partner, develop a set of guidelines for evaluating whether or not something is in the 'public interest' and, if so, when the 'public interest' is so important that it should trump an individual's rights.
Links to Constitution USA:
Episode One: http://www.pbs.org/tpt/constitution-usa-peter-sagal/watch/a-more-perfect-union/
issues: Federalism: gun rights, marijuana legislation, interstate commerce, States as laboratories of democracy, Wickard v. Filburn.
Episode Two: http://www.pbs.org/tpt/constitution-usa-peter-sagal/watch/its-a-free-country/
issues: freedoms within and history of the Bill of Rights, technology and privacy
Episode Three: http://www.pbs.org/tpt/constitution-usa-peter-sagal/watch/created-equal/
issues: 14th Amendment, selective incorporation, gay marriage, immigrant issues, reverse discrimination
Episode Four: http://www.pbs.org/tpt/constitution-usa-peter-sagal/watch/built-to-last/
issues: Amendment process, longevity of Constitution, Checks and Balances, Equal Protection

What must happen to get a case to the U.S. Supreme Court under a writ of certiorari?
From: http://www.uscourts.gov/educational-resources/get-informed/supreme-court/about-supreme-court.aspx
this process is followed for most of the 7,000 cases the Supreme Court is asked to hear a year...they only agree to hear MAYBE 2% of them.
Dang
You Can Already Do This!
Unit 2 Essay Question:
For each unit we cover this term, you will be required to write an essay within the scope of the standard AND CONNECTING THEME. This is the essay for this unit:
Examine the intended and unintended consequences of individuals who commit crimes by explaining the causes of crimes and then the effects (both intended and unintended) that criminal acts have on their intended victims and others.

*use an example to help you write your essay...can be your paper from earlier
You have 1 day in class to prepare your essay. Use ANY resources you like.
Full transcript