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Due Process

Document-Based Activities on Civil Rights and Liberties

Michael Hutchison, Writer

Kerry Gordonson, Editor Dr. Aaron Willis, Project Coordinator

Katie Brown, Editorial Assistant

Social Studies School Service 10200 Jefferson Blvd., P.O. Box 802

Culver City, CA 90232 http://socialstudies.com

[email protected](800) 421-4246

All the Web addresses in this book can be found on our Web site:

http://www.socialstudies.com/civilrightslinks.html

http://socialstudies.com/mailto:[email protected]://www.socialstudies.com/civilrightslinks.html

Updated 2005. © 2003 Social Studies School Service 10200 Jefferson Blvd., P.O. Box 802 Culver City, CA 90232 United States of America (310) 839-2436 (800) 421-4246 Fax: (800) 944-5432 Fax: (310) 839-2249 http://[email protected] Permission is granted to reproduce individual worksheets for classroom use only. Printed in the United States of America Product Code: ZP501

http://socialstudies.com/mailto:[email protected]

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TABLE OF CONTENTS Teacher Introduction ................................................................................................ v Overview: Due Process ............................................................................................. vii LESSONS:

1. The 4th Amendment: How It Relates to Students Teacher Page ...................................................................................................... 1 Student Worksheet ............................................................................................... 3

2. The Miranda Case

Teacher Page ...................................................................................................... 7 Student Worksheet ............................................................................................... 9

3. Right to Counsel


4. Capital Punishment


5. Free Press or Fair Trial?


Culminating Activities ............................................................................................ 31 Appendix

Rubrics ................................................................................................................ 35 Related Web Sites ................................................................................................ 41 Suggested Curriculum Materials ........................................................................ 43

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DOCUMENT-BASED ACTIVITIES ON CIVIL RIGHTS AND LIBERTIES

DUE PROCESS OF LAW TEACHER INTRODUCTION

Description: In this unit, students gain an appreciation for the development of rules of due process of law in the American legal system. Students will investigate rules of right of counsel, protection against unreasonable search and seizure, Fifth Amendment protection against self-incrimination, whether capital punishment is “cruel and unusual,” and whether media coverage of court proceedings endangers a defendant’s right to a fair trial. Essays, court decisions, and editorials provide a variety of different types of sources for students to analyze. Unit Objectives: Knowledge: students will

• investigate the role of due process in American law • chart the evolution of due process rights for the accused as developed through

Supreme Court decisions and federal and state legislation • analyze and evaluate varied viewpoints and beliefs about due process rights

Skills:

• analyze, evaluate, and interpret documents regarding due process • discuss and debate issues relating to due process • use evidence to draw conclusions

Prior Knowledge Required: Students should have studied the basic components of the U.S. Constitution as well as the basic idea and foundation of the Bill of Rights (particularly the Fourth through Eighth Amendments, which relate to due process). Lesson Format: Each lesson consists of two parts: a teacher page containing an introduction, objectives, URL(s) used in the lesson, teaching strategies, wrap-up questions, and an extension activity; also a reproducible student page with a brief introduction which sets the context for the lesson, URL(s) used, and questions to be answered about the source.

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Assessment: Most questions on the student handouts are short-answer questions. Many questions are “open-ended” or “free response” questions for which various answers can be accepted. Some questions require only a few lines to complete, other questions require anywhere from a couple of paragraphs to a page or more in response. In general, the lessons are flexible enough so you should easily be able to pick and choose which questions you want students to answer and how long their responses should be. It is recommended, however, that you evaluate student worksheets in conjunction with their involvement in class discussion. Suggested rubrics are included in the Appendix. Additional Sources: The Appendix contains answer keys, rubrics, and supplementary materials available from http://www.socialstudies.com.

http://www.socialstudies.com/

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OVERVIEW: DUE PROCESS OF LAW

While it may appear straightforward that the Constitution, and especially the Bill of Rights, guarantees due process of law to anyone who becomes involved in the court system, the rights we take for granted have actually become ours through a complex evolution.

Due process refers to a set of basic principles that guarantee fairness and equality under law. One aspect of due process, known as substantive due process, requires that the laws themselves must be fair. Another aspect of due process, known as procedural due process, mandates that the conduct of police, attorneys, and court officials must meet the provisions of the due process amendments.

The due process amendments include:

The Fourth Amendment, which guarantees protection from unreasonable search and seizure. The Fifth Amendment, which guarantees a fair trial by protecting defendants from self-incrimination and double jeopardy. The Sixth Amendment, which guarantees the right to counsel, the right to a fair trial with an impartial jury, the right to call witnesses and to confront witnesses called against the defendant. The Eighth Amendment, which guarantees fair bail for suspects and protection from “cruel and unusual” punishment.

In the past, many believed that the due process protections of the Bill of Rights

applied to federal law only. However, after the passage of the Fourteenth Amendment, many believed that the “equal protection under law” clause applied to due process rights on the state level as well as the federal. In the 1950s and 1960s, several court cases applied, or incorporated, due process rights on the state level. Cases that incorporated some of the more basic due process rights on the state level included Mapp v. Ohio and Gideon v. Wainwright.

However, as was seen in other freedoms guaranteed by the Bill of Rights, the Supreme Court has at times limited due process rights. For example, in some instances, illegally obtained evidence can be used at trial. Capital punishment, which many assert is “cruel and unusual,” has been held by the Supreme Court as not violating the Eighth Amendment. Even today, not all states guarantee a grand jury hearing for accused persons. In recent years, the Miranda decision has been considered for revision, although it still remains the rule of law in the United States. It is obvious, therefore, that due process rights will consistently be under review by the court system.

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The 4th Amendment: How It Relates to Students Teacher Page

Overview: In the era prior to the American Revolution, British authorities exercised what were called “writs of assistance,” which allowed customs agents to search colonial homes and businesses without warrants. When the Bill of Rights were added to the U.S. Constitution, the Fourth Amendment guaranteed that people would be secure from unreasonable search and seizure. However, as time passed and as technology increased, the Fourth Amendment needed to be interpreted by the courts. In some cases, the Supreme Court ruled that warrantless searches were legal. In Weeks v. U.S., the Supreme Court ruled that evidence collected illegally in federal cases could not be used in court, thereby creating what is known as the exclusionary rule. In Mapp v. Ohio, the Court ruled that the exclusionary rule had to be incorporated on the state level as well. Later cases would limit the exclusionary rule and would allow some evidence obtained illegally to be used at trial anyway. For example, the Court ruled that evidence obtained illegally could still be used at trial if the police had exercised good faith in executing the warrant. Objectives: Students will:

• investigate past and current concepts and interpretations of the Fourth Amendment

• investigate interpretations of the Fourth Amendment as it relates to schools • make inferences and conclusions about the evolution of the Fourth Amendment

protections Web Sites Used in this Lesson: New Technologies and the Fourth Amendment: The Trouble With Defining A "Reasonable Expectation Of Privacy" http://writ.news.findlaw.com/aronson/20010309.html “Do School Children Have Fourth Amendment Rights?” http://www.forensic-evidence.com/site/Police/school_4th.html Strategies: Introduce the lesson with a historical view of the Fourth Amendment, including an overview of cases involving search and seizure. Ask students to speculate on issues regarding when or if searches without warrants are legal.

http://writ.news.findlaw.com/aronson/20010309.htmlhttp://www.forensic-evidence.com/site/Police/school_4th.html

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Distribute the worksheet to students, and ask them to access the Web sites (alternately, you can print the resources for students). Wrap-Up: After students have completed the activity, ask them to speculate to what extent their Fourth Amendment rights can be limited in the classroom. Ask if they would be willing to “trade off” protection from illegal search in order to maintain safety or convenience in the classroom. (For example, would students be willing to submit to a book bag or backpack search in exchange for the convenience of bringing those items in the classroom, or would they be willing to submit to be scanned by a metal detector in order to stop weapons from being brought into schools?) Extension Activity: Ask students to investigate and write position papers (either in favor or opposed to) allowing “non-law enforcement” officials to search people and possessions for illegal substances (for example, the ability of airport personnel to search passengers boarding airplanes or to search luggage without a warrant).

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The 4th Amendment: How It Relates to Students Student Worksheet

Introduction: Ever since the addition of the Fourth Amendment to the Constitution, questions have arisen about the extent to which individuals are protected against unreasonable searches. For example, does the portion of the Fourth Amendment that says people are to be protected against unreasonable search “in their homes” mean that police can search a person’s automobile, or tap their phone? Can police search a student’s dormitory room without a warrant? Perhaps no location has generated more concerns and questions about search and seizure than schools. In recent years, questions about locker searches, requiring students to submit to random drug testing, and vehicle searches have been brought before state and federal courts. Directions: All Web links for this lesson can be found at: http://www.socialstudies.com/civilrightslinks.html New Technologies and the Fourth Amendment: The Trouble With Defining A "Reasonable Expectation Of Privacy" Go to http://writ.news.findlaw.com/aronson/20010309.html and answer the following questions: 1. In Kyllo v. U.S., what technology was used to provide probable cause for police to

obtain a warrant to search his home? 2. According to the author, what “two important questions” do courts ask regarding

whether a search is reasonable? What questions does the author raise in regard to defining the word reasonable?

http://www.socialstudies.com/civilrightslinks.htmlhttp://writ.news.findlaw.com/aronson/20010309.html

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3. How does the author intuit (deduce) society’s views on what is considered “privacy”? Give examples of how courts have determined whether something is deserving of “privacy” consideration.

4. The author concludes by discussing Chief Justice John Marshall’s quote that the

Constitution usually asks judges to “say what the law is,” then notes that “Perhaps uniquely, the Fourth Amendment invites judges not to say what the law is, but to breathe in the zeitgeist [the intellectual, moral, and cultural climate of an era].” What do you think he means by this? In your view, is this a reasonable and realistic way for judges to interpret what a legal search is? Explain your answer.

“Do School Children Have Fourth Amendment Rights?” Go to http://www.forensic-evidence.com/site/Police/school_4th.html 5. The author mentions the case New Jersey v. T.L.O. as the “first significant modern

case to address” the rights of public school students. What were the facts of this case? (In other words, what were the circumstances regarding the case going to court?)

6. In the T.L.O. case, how did the Court deal with the idea of school officials obtaining

search warrants? How did the Court decide the issue of whether school officials were required to have “probable cause”? What term did the Court use to define the circumstances under which school authorities could search students?

http://www.forensic-evidence.com/site/Police/school_4th.html

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7. Next, read the section including the case Vernonia School District 47J v. Acton. Why did school officials institute a drug-testing policy? How did this policy affect student athletes? Describe how students were randomly selected for testing. What “safeguards” were included in the policy?

8. In the Acton case, why did James Acton and his parents sue the school district?

Explain how the case was decided through the appeal process (District court, Ninth Circuit Court of Appeals, U.S. Supreme Court).

9. In a follow-up case to the Acton decision, the Supreme Court ruled in the case of

Board of Education of Independent School District No. 92 of Pottawatomie County, et al v. Earls et al. How did the Court rule regarding whether students’ rights were more limited (or not more limited) in a school environment? How did the Court rule regarding the need for drug testing in this school district? Explain your answers.

10. The conclusion notes “language” in the majority opinion of the Pottawatomie

decision that justifies even broader random drug testing. What in the opinion does the author use as evidence of this? In your view, is this statement constitutionally legitimate to allow further drug testing policies and programs? Write a short position paper that defends your view.

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The Miranda Case Teacher Page

Introduction: Nearly every person who has ever viewed a police drama or a crime movie has heard of the “Miranda Warnings.” These include the right to remain silent, the fact that anything the suspect says can be used against them in court, and that they have the right to legal counsel. While these warnings seem commonplace today, before 1966 no police officer was required to utter a single word of them. In Miranda v. Arizona, Ernest Miranda was arrested on a kidnapping and rape charge, questioned, placed in a police lineup, and signed a formal confession without being notified of his constitutional rights. Miranda was convicted and sentenced to prison on the kidnapping and rape charges. He appealed the conviction, citing that the fact that not informing him of his rights violated the Fifth and Sixth Amendments. The Supreme Court agreed, and Miranda’s conviction was reversed. He was retried, but convicted again. This time the prosecution used evidence other than the confession and the line-up identification. Objectives: Students will:

• investigate the facts and decision in the case of Miranda v. Arizona • review two opinions about the decision • make conclusions about the opinions and develop personal views about the case

and the viewpoints Web Sites Used in this Lesson: Students will read “Will the Miranda Warnings Survive?” (http://web.archive.org/web/ 20021020034224/archive.aclu.org/features/f041900a.html), an article on the American Civil Liberties Union Web site which favors upholding the Miranda decision in light of a court challenge in the case of U.S. v. Dickerson. (In 2000, the Supreme Court ruled 7-2 to uphold the Miranda decision.). Students will also view the National Center for Policy Analysis’s “Assessing the Impact of Miranda” page, located at http://www.ncpa.org/studies/s218/s218d.html. (Note: this page is part of an overall discussion of the Miranda case titled “Handcuffing the Cops: Miranda’s Harmful Effects on Law Enforcement.” The entire report can be found at http://www.ncpa.org/studies/s218.html.)

http://web.archive.org/web/20021020034224/archive.aclu.org/features/f041900a.htmlhttp://web.archive.org/web/20021020034224/archive.aclu.org/features/f041900a.htmlhttp://www.ncpa.org/studies/s218/s218d.htmlhttp://www.ncpa.org/studies/s218.html

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Strategies: Begin the lesson with an overall view of what the Miranda rights include and what procedures police officers must follow in order to “Mirandize” a suspect. Question the students as to how the failure of the police to inform Miranda of his rights violated the Fifth and Sixth Amendment. (It violated his Fifth Amendment right against self-incrimination, and his Sixth Amendment right of counsel.) Also let students know that the Miranda decision was highly unpopular when it was announced, and it led to calls for the impeachment of Chief Justice Earl Warren. When Richard Nixon ran for president in 1968, he vigorously criticized the Miranda decision. Distribute the worksheet to students, and ask them to access the Web sites (alternately, you can print the resources for students). Wrap-Up: After the students have completed the questions, let the class know that Miranda was retried and convicted on the same charges, this time with different evidence. In addition, explain the Fifth Amendment’s protection against “double jeopardy” (trying a defendant twice for the same offense). Ask students why Miranda’s retrial did not constitute “double jeopardy.” Extension Activity: Have students research other opinions and views about the Miranda decision and have a class debate regarding the necessity for police to read the “Miranda rights” to accused persons in light of the fact that the case has been the “law of the land” for over 35 years.

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The Miranda Case Student Worksheet

Introduction:

You have the right to remain silent… anything you say can be used against you in a court of law… you have the right to consult with an attorney….

How frequently do we hear those warnings on television shows or movies? However, no court required these “warnings” before 1966, when the U.S. Supreme Court ruled in the case Miranda v. Arizona that defendants had to be read their rights at the time of their arrest. Since the decision, there has been a substantial debate as to whether such warnings are necessary or if they are simply an example of the Court “coddling criminals.” Directions: All Web links for this lesson can be found at: http://www.socialstudies.com/civilrightslinks.html “Will the Miranda Warnings Survive?” Go to http://web.archive.org/web/20021020034224/archive.aclu.org/features/f041900a.html Answer the following questions: 1. What arguments does the ACLU make about the Miranda ruling in its statement? 2. What two views about “warning citizens about their constitutional rights” does the

ACLU mention in the statement? How does the ACLU justify the Miranda decision and Miranda rights?

http://www.socialstudies.com/civilrightslinks.htmlhttp://web.archive.org/web/20021020034224/archive.aclu.org/features/f041900a.html

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3. The ACLU statement notes a ruling by the “conservative” Fourth Circuit Court of Appeals in the case of U.S. v. Dickerson. What specifically does the ACLU note that the Appeals court ruled?

4. What does the ACLU claim the “question for the (Supreme) Court” in the Dickerson

case is? 5. How does the ACLU statement conclude? Do you agree with their assessment that

the “distinction” is critical in this case? Explain your view. “Handcuffing the Cops: Miranda’s Harmful Effects on Law Enforcement” http://www.ncpa.org/studies/s218/s218d.html 6. How does this source describe the effect of the Miranda decision? How does the

source suggest that a change in the current situation might be achieved? 7. What “Costs to Police Effectiveness” does the NCPA study cite? In what way(s) does

the study compare the Miranda decision with the Fourth Amendment’s “exclusionary rule”?

8. What arguments does the NCPA study make regarding “police coercion” of suspects?

http://www.ncpa.org/studies/s218.html

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9. In the section titled “Moving Beyond Miranda,” the NCPA study asserts “Today, with the benefit of 30 years of interpretations, we know the UI mandate is not a constitutional requirement”. How does the study back up this claim?

10. If the Supreme Court used the ACLU statement and the NCPA study in order to

determine whether the Miranda rule should be overturned and if police should be required to read the Miranda rights to suspects, which source, in your opinion, would be most likely to sway the Justices? Give reasons for your view.

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Right to Counsel Teacher Page

Overview: Since the inception of the Bill of Rights, the idea has existed that a defendant had a right to legal counsel at trial. However, the Sixth Amendment did not consider the possibility that a defendant could be brought to trial and not be able to afford legal counsel. During the early and mid-20th century, the United States Supreme Court began to examine the issue of right of counsel for indigent defendants. In the 1930s, the Court ruled that anyone accused of a federal crime was entitled to legal counsel, regardless of whether they could afford it. In Powell v. Alabama (1932), also known as the “Scottsboro Boys” case, the Court ruled that anyone accused of a capital crime (involving the death penalty) was entitled to counsel. However, in Betts v. Brady (1942), the Supreme Court limited the responsibility of states in regard to providing counsel for defendants in felony cases, noting that the due process clause of the 14th Amendment did not necessarily extend the provisions of the Sixth Amendment to state courts. In 1963, the case of Gideon v. Wainwright overturned the Betts decision and guaranteed the right of counsel to all felony defendants on the state level. Not only did Gideon secure a new trial, but the Supreme Court ruled that anyone imprisoned without benefit of counsel prior to that time was entitled to a new trial. Objectives: Students will:

• investigate and research current views regarding the right to counsel • consider Supreme Court precedents on this right • develop and support opinions on the right to counsel

Web Sites Used in this Lesson: Students will read a Seattle Post-Intelligencer editorial on the 40th anniversary of the Gideon decision titled “Anniversary of Gideon Case Spotlights Right to Court-Appointed Attorney” (http://seattlepi.nwsource.com/opinion/112406_gideon16.shtml), and a Center for Individual Freedom (CFIF) editorial entitled, “Justice At What Price? The Sixth Amendment Right to Counsel” (http://www.cfif.org/htdocs/freedomline/current/in_our_ opinion/sixth_amendment_right.htm).

http://seattlepi.nwsource.com/opinion/112406_gideon16.shtmlhttp://www.cfif.org/htdocs/freedomline/current/in_our_opinion/sixth_amendment_right.htmhttp://www.cfif.org/htdocs/freedomline/current/in_our_opinion/sixth_amendment_right.htm

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Strategies: Introduce this lesson by asking students whether they might feel competent representing themselves in court if they were on trial for some offense. Note for the class that states’ attorneys and prosecutors must be licensed attorneys. You may also wish to discuss the specifics of the Gideon case (the decision can be found at http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=372&invol=335). You may wish to specifically point out to the class that in the opinion, Justice Black noted that Gideon conducted his own defense as well as a layman possibly could, but he still was convicted. As events turned out, he was acquitted in his retrial. Next, ask the class if any instance of a defendant being tried without legal counsel would necessarily constitute a mistrial. Distribute the worksheet to students, and ask them to access the Web sites (alternately, you can print the resources for students). Wrap-up: After students have completed the questions, have a discussion about whether the Gideon decision should be extended to defendants in misdemeanor cases. Should states provide legal counsel in instances where a poor person is suing a large corporation, or suing the government for civil damages? Extension Activity: Have students write editorials regarding the necessity of guaranteeing the right of counsel. Since most students will likely be in favor of this, you may wish to require some students to take the opposing viewpoint. Alternatively, you might have students write editorials on whether defendants should contribute some payment to costs of representation if they are found guilty (for example, from salaries earned from prison jobs).

http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=372&invol=335

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Right to Counsel Student Worksheet

Introduction: When the Bill of Rights was added to the Constitution, it was considered essential that an accused person have legal counsel to represent them at trial. However, the Framers did not anticipate what might happen if an indigent person (poor person) was accused of a crime but could not afford an attorney. In the 20th century the Supreme Court refined this point and established rules regarding right of counsel, particularly in cases where a defendant could not afford a lawyer. Directions: All Web links for this lesson can be found at: http://www.socialstudies.com/civilrightslinks.html “Anniversary of Gideon Case Spotlights Right to Court-Appointed Attorney”: Seattle Post-Intelligencer http://seattlepi.nwsource.com/opinion/112406_gideon16.shtml Answer the following questions:

1. Who is the “guest columnist” who is writing? What is his opinion on the impact of the Gideon decision?

2. The author notes a Supreme Court argument that states that “several hundred thousand people are convicted of misdemeanors without counsel, while thousands have their probation revoked without lawyers and are sent to jail.” What reasons does he give for this happening?

http://www.socialstudies.com/civilrightslinks.htmlhttp://seattlepi.nwsource.com/opinion/112406_gideon16.shtml

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3. The author cites a news series in the Post-Intelligencer called “Uncertain Justice,” which cited the “horrible truth” about inadequate representation. According to the series, what have some of the reasons been for inadequate representation?

4. How does the author describe how the King County (Washington) public defender offices are run?

5. How does the author relate the Gideon decision to the U.S. response to threats of terrorism? How does the author see the right of counsel affected if the defendant is an “enemy combatant”?

Justice At What Price? The Sixth Amendment Right to Counsel: Center for Individual Freedom http://www.cfif.org/htdocs/freedomline/current/in_our_opinion/sixth_amendment_right.htm

6. The author of this article refers to the ongoing case of Terry Nichols, who was convicted on federal charges in the 1995 Oklahoma City bombing. What concerns does the author cite about the costs of trying Nichols for murder in the Oklahoma state courts?

7. The author notes that the Supreme Court narrowed the application of the Sixth Amendment, citing the case Alabama v. Shelton. How did the Court narrow the Gideon decision?

http://www.cfif.org/htdocs/freedomline/current/in_our_opinion/sixth_amendment_right.htmhttp://www.cfif.org/htdocs/freedomline/current/in_our_opinion/sixth_amendment_right.htm

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8. The author also cites a Mississippi lawsuit in which Quitman County sued the state over who should pay for indigent defendants’ legal representation. What evidence did attorney Robert McDuff cite regarding the effectiveness of court-appointed legal counsel? The author also cites the case of the Utah drifters who abducted teenager Elizabeth Smart, noting that the “perceived inequity in legal teams is not the norm throughout America.” Based on the information cited in the CFIF article as well as in the Post-Intelligencer editorial, which view seems more credible? Why?

9. In addition to the Smart case, the author cites two other high-profile cases in the article: that of John Allen Muhammad, one of the defendants in the Washington, D.C.-area sniper cases, and Scott Peterson, who, when the article was written, was awaiting trial for the murder of his wife and unborn child. In your view, do high-profile defendants put an unfair burden on states to provide legal services? Explain your answer.

10. In your view, does the current rule of law and judicial interpretation of the Sixth Amendment follow what the Bill of Rights intended the right of counsel to mean? Explain your answer, and use evidence from the two sources in this lesson to support your position.

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Capital Punishment Teacher Page

Introduction: For over 100 years, the Supreme Court has wrestled with the issue of capital punishment and whether it violates the Eighth Amendment prohibition against “cruel and unusual” punishment. In 1878, 1890, and again in 1947, the Court ruled that various forms of punishment, or how that punishment was carried out, did not violate the spirit of the Eighth Amendment. In 1972, however, the Court ruled that the death penalty as it was carried out at that time did violate the Eighth and Fourteenth Amendments. The Court’s reasoning for the ruling was that the death penalty was used more frequently against poor and minorities. The Court, however, did not strike down the death penalty, only the way the death penalty was carried out at that time. In the 1976 case of Gregg v. Georgia, the Supreme Court ruled that the death penalty itself did not violate the Eight Amendment. However, the Supreme Court did rule that for a state’s death penalty law to be constitutional, the death penalty could not be mandatory for any specific crime. Consideration had to be given to the facts of the case, the accused’s past record, and the events surrounding the crime. In 1977, Utah conducted the first execution since the Furman decision when Gary Gilmore was executed by firing squad. Other states rewrote their death penalty laws and began executions around the same time. Objectives: Students will:

• investigate views regarding capital punishment • make conclusions about the sources relating to abolition of the practice

Web Sites Used in this Lesson: Students will read a National Review Online story, “The Guilty Are Being Executed” (http://www.nationalreview.com/comment/comment062300b.html), and an Amnesty International page titled, “The Death Penalty 25 Years After Gregg v. Georgia” (http://web.amnesty.org/library/Index/ENGAMR510962001?open&of=ENG-2AM). Strategies: Open the lesson with a discussion of past criticism and comments about capital punishment. For example, many political experts felt that Governor Michael Dukakis’s answer about capital punishment during one of the 1988 Presidential debates hurt his effectiveness and cost him votes. (To see a transcript of that discussion, go to

http://www.nationalreview.com/comment/comment062300b.htmlhttp://web.amnesty.org/library/Index/ENGAMR510962001?open&of=ENG-2AM

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http://www.debates.org/pages/trans88b.html. Dukakis’s remarks are near the top of the transcript, as are those of then Vice-President George H.W. Bush.) Point out other instances where capital punishment in one form or another has been portrayed in film, such as Dead Man Walking, In Cold Blood, or The Ox-Bow Incident. Next, poll the students regarding their views on capital punishment. Obviously, if the classroom is a “microcosm” of society, there will be some students who will be strongly opposed to capital punishment, some who will be in favor of it, and some who will be undecided. Ask students why they hold the opinions they do. You may want to list these views on the chalkboard or overhead projector. Distribute the worksheet to students, and ask them to access the Web sites (alternately, you can print the resources for students). Wrap-Up: After students have completed the questions, ask the class to consider if there are “special circumstances” which might be used to keep a convicted person from being executed: for example, should people with mental illness or mental handicaps be automatically exempt from the death penalty? Extension Activity: Ask students to research how many nations still allow the death penalty, or how many have abolished it since the Supreme Court decided Gregg v. Georgia. Have students speculate how extradition proceedings might be affected if the United States, a nation with the death penalty, wanted to extradite an accused person to this country to stand trial for an offense which might carry the death penalty if convicted.

http://www.debates.org/pages/trans88b.html

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Capital Punishment Student Worksheet

Introduction: For centuries, the death penalty has been used to punish persons convicted of the most heinous of crimes—most frequently, murder. In American law, capital punishment has long been a mainstay, and only in the last 30 years has the Supreme Court questioned the use of the death penalty or how the death penalty is administered. In the 1972 case of Furman v. Georgia, the Supreme Court ruled that the death penalty as it was carried out at that time was unconstitutional. The court recognized that the majority of inmates on death rows around the nation were either poor or minorities. In the 1976 case of Gregg v. Georgia, however, the Court ruled that the death penalty in itself was not “cruel and unusual,” and that states could execute criminals convicted of capital crimes. Various religious and political groups have weighed in on the capital punishment debate. However, the Supreme Court has limited opportunities for appeals from death row inmates. Directions: All Web links for this lesson can be found at: http://www.socialstudies.com/civilrightslinks.html “The Guilty Are Being Executed: Red Herrings from the Anti-Death-Penalty Squad”: National Review http://www.nationalreview.com/comment/comment062300b.html, Answer the following questions:

1. The author notes that “death penalty opponents have conceded that they cannot win the argument about whether the death penalty is appropriate in certain circumstances.” According to the source, what argument have death penalty opponents shifted to?

2. The article also claims that a large part of the death penalty opponents’ argument is that innocent people are being executed. How does the author refute that claim?

http://www.socialstudies.com/civilrightslinks.htmlhttp://www.nationalreview.com/comment/comment062300b.html

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3. According to the author what “truly bizarre opinion” have death penalty opponents adopted to prove their point? What statistical evidence does he cite to refute this claim?

4. What contention does the author make concerning DNA evidence? Does this contention seem plausible to you? Explain your answer.

5. Do you agree with the author when he notes that there are “some murders so heinous that imposing a penalty less than death would trivialize the crime and cheapen human life”? How do you think the Supreme Court might rule in death penalty cases where such a sentence was imposed? Explain your view.

United States of America—Still a Lethal Lottery: The Death Penalty 25 Years After Gregg v. Georgia (Amnesty International) http://web.amnesty.org/library/Index/ENGAMR510962001?open&of=ENG-2AM

6. What point does the article make regarding the frequency of being killed by a lightning strike compared with the use of the death penalty?

7. How does the article compare the cases of Jerome Mallett and David Tate, both of whom were convicted of murdering Missouri state police troopers? In your view, how do these separate cases violate the spirit of the Gregg decision?

http://web.amnesty.org/library/Index/ENGAMR510962001?open&of=ENG-2AM

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8. How does the article question the spirit of the Gregg decision in the cases of Jay Scott and Thomas Provenzano? In your view, do the executions of these two men violate the Eighth Amendment or violate the spirit of the Gregg decision? Explain your view.

9. The article refers to the number of nations that have abolished the death penalty since the Gregg decision. What point does the article make regarding “every execution in the United States”? According to the source, what is the impact of these executions?

10. Which of the arguments made in the two articles you’ve read in this lesson do you think falls more in line with what the framers of the Constitution would have perceived as the spirit of the Eighth Amendment, or what the Supreme Court has outlined as the correct interpretation on the administration of the death penalty? Explain your view.

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Free Press or Fair Trial? Teacher Page

Introduction: The First Amendment to the Constitution guarantees “freedom of the press.” The Sixth Amendment guarantees “a fair trial with an impartial jury.” However, at times these two rights collide, and it may be difficult to guarantee one without violating the other. This was definitely true in the case of Sheppard v. Maxwell. Physician Sam Sheppard was accused of murdering his wife. Pre-trial publicity, as well as coverage of the trial itself, made the proceedings a media circus. The Supreme Court overturned Sheppard’s conviction in 1966, citing that he did not get a fair trial. The justices also laid out guidelines to assist judges in keeping the courtroom “impartial.” Since the Sheppard case, other high-profile cases have tested the “free press or fair trial” idea, including the O.J. Simpson and Rodney King cases. Several other cases loom on the horizon in which media coverage may make it difficult for the defendant to get a fair trial. Objectives: Students will:

• look at varying opinions about the “free press or fair trial” issue. • evaluate current rulings and views about “gag orders” and closed courtroom

hearings • develop arguments and views regarding these issues

Web Sites Used in this Lesson: Students will go to http://www.radford.edu/~wkovarik/class/law/fairtrial.html, which discusses basic conditions for (and against) gag orders, and http://www.talkleft.com/ new_archives/000900.html, a TalkLeft Web site opinion page which argues in favor of a “gag order” for the case of John Lee Malvo, one of two men accused in the Washington, D.C.-area “sniper case” from late 2002. Strategies: Begin this lesson with an overview of Sheppard v. Maxwell. (A full-text of the Supreme Court opinion in this case can be found on the FindLaw site at http://laws.findlaw.com/ us/384/333.html). Discuss other cases in which they believe the defendant’s chance at a fair trial might be compromised by pre-trial publicity or by other fair press issues. (Examples could include the D.C.-area sniper case or the O.J. Simpson case.)

http://www.radford.edu/~wkovarik/class/law/fairtrial.htmlhttp://www.talkleft.com/new_archives/000900.htmlhttp://www.talkleft.com/new_archives/000900.htmlhttp://laws.findlaw.com/us/384/333.htmlhttp://laws.findlaw.com/us/384/333.html

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Ask students to consider instances where the press should be denied access to court proceedings and information from such proceedings. These might include names of victims in rape cases, grand jury hearings, juvenile proceedings, etc. Distribute the worksheet to students, and ask them to access the Web sites (alternately, you can print the resources for students). Wrap-Up: After students have completed the worksheets, lead a discussion on whether allowing more gag rules in criminal proceedings might increase the possibility of an unfair trial because judges and court officials might not be “checked” by the media. Extension Activity: Have students investigate the efforts of Dr. Sam Sheppard’s son (Samuel Reese Sheppard) to have his father’s name cleared by use of DNA testing, then write editorials either in favor or opposed to a pardon of Sheppard or a reopening of the case.

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Free Press or Fair Trial? Student Worksheet

Introduction: While the Constitution guarantees freedom of the press AND the right to a speedy, public trial, sometimes the two rights collide, and it can be difficult to guarantee that a defendant will be given a fair trial or provided with an impartial jury. In the case of Sheppard v. Maxwell, the Supreme Court ruled that pre-trial publicity and trial coverage of Dr. Sam Sheppard after the 1954 murder of his wife denied him a fair trial. His conviction was overturned. Many believe that coverage of the O.J. Simpson case as well as the Rodney King beating trial affected the juries in those trials and possibly had an impact on the verdict. Directions: All Web links for this lesson can be found at: http://www.socialstudies.com/civilrightslinks.html “Free Press and Fair Trial” http://www.radford.edu/~wkovarik/class/law/fairtrial.html Answer the following questions: 1. One trial that the author of this article mentions as a “sensational trial” was the O.J.

Simpson trial from 1994–1995. However, the author notes a different reason for why the coverage was “disturbing.” What was this reason?

2. The author also notes that Sheppard v. Maxwell essentially DID allow judges to

regulate publicity before and during a trial. According to the source, what six “remedies” did the Supreme Court set in regard to ensuring a fair trial?

http://www.socialstudies.com/civilrightslinks.htmlhttp://www.radford.edu/~wkovarik/class/law/fairtrial.html

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3. The author noted that after Sheppard v. Maxwell was decided, “about 50 media gag orders were issued between 1967 and 1976.” He adds that these were “especially troubling instances of prior restraint.” However, two cases that seemed to turn this trend were Nebraska Press Association v. Stuart, and United States v. Cable News Network. How did the concept of issuing gag orders change through these two cases?

4. The author also notes that the News Media Handbook on Virginia Law and Courts

has developed seven “principles” about “free press-fair trial” issues. Summarize each of them.

5. Regarding the “guidelines” of what information should be made available for

publication at trial, the article states that “when a trial has begun, the news media may report anything done or said in open court.” What conditions do the guidelines set regarding what news media might not mention while reporting a case? In your view, do these guidelines give the media too much leeway in reporting a trial? Not enough leeway? Explain your answer.

Time for a Gag Order in Sniper Case: TalkLeft http://www.talkleft.com/new_archives/000900.html 6. Explain why the authors of this page are “appalled” about the leaking of information.

How does the media “cooperate” with the “leakers”?

http://www.talkleft.com/new_archives/000900.html

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7. What case do the authors equate with the Malvo case regarding the number and severity of leaks?

8. The authors of this page note the “disclosure and dissemination of purported

confessions and details of the investigation.” What impact and consequences of this do the authors mention?

9. Look at the “gag order” that was issued in the McVeigh case (Timothy McVeigh, who

was convicted of the Oklahoma City bombing in 1995). Why would you think the judge was so restrictive? Do you feel the judge was reasonable in applying such a gag order? Explain your view.

10. Looking at recent cases involving high-profile defendants or sensitive issues, do you

feel that the fair-trial view is more constitutionally sound than the free-press view? Should the free-press view carry more “constitutional weight”? Write at least two paragraphs defending your view.

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Due Process of Law Culminating Activities

1. Have students research the cases in the lessons, and develop a mock trial in which the cases can be re-created.

Some related mock trial sites that may be helpful in developing cases include:

• University of Minnesota “Mini-Mock Trial Manual” (http://www.ccle.fourh.umn.edu/trials.html)

• Mock Trials for the Classroom (Peter Pappas Designs for Learning)

includes long and short forms for rules of evidence (http://www.peterpappas.com/journals/trial.htm)

• Street Law Mock Trials

(http://www.streetlaw.org/content.asp?ContentId=181) 2. Have students investigate how the Supreme Court has “incorporated” the due process

protections of the Bill of Rights at the state level. This may be done by writing a synopsis or “abstract” of the case that affirmed this right on the federal level, and the case that incorporated it on the state level. (For example, Weeks v. U.S. created the exclusionary rule on the federal level, and Mapp v. Ohio incorporated it on the state level.)

3. Have students investigate the impact of the Supreme Court during the 1950s and

1960s in regard to the rights of the accused. (In particular, students should look at “Warren Court” decisions.) You may wish to ask students to hold a classroom debate as to whether the Warren Court tended to “coddle” criminals (or people accused of a crime) at the expense of police authority and power.

4. Ask students to write an essay or position paper on the validity of capital punishment

as a deterrent against violent crime. You may want to require students to research capital punishment as it is applied (or is banned) in foreign nations to determine its validity in the U.S.

5. Ask students to consider the impact of a free press on the ability of defendants to get

a fair trial, in light of current high-profile cases. Students can write essays regarding the responsibility of the press concerning pre-trial publicity and influencing prospective jury members.

http://www.ccle.fourh.umn.edu/trials.htmlhttp://www.peterpappas.com/journals/trial.htmhttp://www.streetlaw.org/content.asp?ContentId=181

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APPENDIX

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Argumentative Paragraph/Essay Rubric

SCORE Structure-Introduction – states thesis/main idea – introduces main points Weighting

Level 1 (50-59) - simple opening statement - limited identification of main points Level 2 (60-69) - thesis stated but unclear - main points unclear Level 3 (70-79) - thesis is stated but somewhat unclear - main points introduced with moderate clarity Level 4 (80-100) - thesis is precisely stated - main points clearly introduced

SCORE Structure-Conclusion – summarizes thesis/main idea – summarizes main points Weighting

Level 1 (50-59) - abrupt ending; limited summarizing of main points Level 2 (60-69) - thesis summarized but unclear - main point summarized but unclear Level 3 (70-79) - thesis summarized but somewhat unclear - main points summarized but unclear Level 4 (80-100) - thesis clearly summarized - main points clearly summarized

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SCORE Supporting Reasons or Arguments – arguments are related to the main idea logically Weighting

Level 1 (50-59) - arguments are unrelated Level 2 (60-69) - arguments are unclear and not logically related to the main idea Level 3 (70-79) - arguments are usually clear and logically related to the main idea Level 4 (80-100) - arguments are quite clear and logically related to the main idea

SCORE Evidence and Examples – relevant supporting evidence – sufficient quantity of facts used Weighting

Level 1 (50-59) - limited support of points, evidence mostly irrelevant - limited or unrelated facts used Level 2 (60-69) - some points have been supported, some evidence not relevant - insufficient or missing some facts Level 3 (70-79) - most points have been supported with relevant evidence - sufficient use of facts Level 4 (80-100) - each point has been supported with relevant evidence - substantial facts used

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SCORE Mechanics of Writing – correct grammar and spelling used – use of correct citation method Weighting

Level 1 (50-59) - grammar and spelling used with limited accuracy and effectiveness - citation method not followed or absent Level 2 (60-69) - grammar and spelling used with some accuracy and effectiveness - citation method used but with significant errors Level 3 (70-79) - grammar and spelling used with considerable accuracy and effectiveness - minor errors in citation method Level 4 (80-100) - correct grammar and spelling used with accuracy and effectiveness almost all of the time - precise use of citation method

Additional Criteria Weighting

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Debate Rubric

Clear articulation of position SCORE

Level 1 - position is not clearly stated Level 2 - position is recognized, but only clarified through prompting Level 3 - a clear position is stated Level 4 - a clear position is stated and fully articulated

Provides support for position SCORE

Level 1 - limited support for initial position Level 2 - support for initial position is present but lacks clarity of presentation Level 3 - support for initial position is clearly presented and reasoned based on evidence Level 4 - supporting arguments for position are both reasoned and persuasively presented

Considers other positions SCORE

Level 1 - limited sensitivity to other positions Level 2 - other positions acknowledged but not considered Level 3 - other positions acknowledged and considered Level 4 - other positions considered and effectively incorporated or countered

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Effectively critiques positions SCORE

Level 1 - limited sensitivity to other positions Level 2 - other positions acknowledged but not considered Level 3 - other positions acknowledged and considered Level 4 - other positions considered and effectively incorporated or countered

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Oral Presentation Rubric

Your Name: ______________________ Topic:_____________________________

Criteria Possible Points Self-Assessment Teacher

Assessment

Provided depth in coverage of topic. 10

Presentation was well planned and coherent. 10

Presenters were models of thoughtfulness. Personal experience integrated where relevant and appropriate. Explanations and reasons given for conclusions.

10

Communication aids were clear and useful. 10

Bibliographic information for others was complete. 10

Total Possible Points 50

Rate each category according to the following scale:

• 9–10 = excellent • 7–8 = very good • 5–6 = good • 3–4 = satisfactory • 1–2 = poor • 0 = unsatisfactory

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Due Process Related Web Sites

Database of Supreme Court Decisions: 1893 to the Present The FindLaw Web site features a database of Supreme Court decisions searchable by party name, full-text and citation as well as browsable by year and volume number. A list of selected cases germane to current events is also provided. This site is free and, according to its creators, will remain so. http://findlaw.com/casecode/supreme.html ACLU Student Rights: Due Process and Zero Tolerance This section of the American Civil Liberties Union Web site is devoted to discussion of students’ due process rights. The page contains relevant press releases and position papers. http://www.aclu.org/studentsrights/dueprocess/index.html Landmark Cases Supreme Court Designed for teachers by the Street Law and the Supreme Court Historical Society, this Web site contains classroom activities for major Supreme Court cases. For each case, there are activities to help students understand the basic facts of the case and then activities for further reflection. The “after the case” activities for Miranda v. Arizona include a real world case study and a mock trial centered around the 2000 case Dickerson v the United States that threatened to overthrow the Miranda ruling. Activities for the Gideon v. Wainwright case include a political cartoon analysis and a WebQuest on how to provide counsel to indigent defendants. http://www.landmarkcases.org/index.html Capital Punishment Statistics The U.S. Department of Justice’s Bureau of Justice Statistics maintains this Web page showcasing statistical information about capital punishment and prisoners on Death Row in the United States. http://www.ojp.usdoj.gov/bjs/cp.htm

http://findlaw.com/casecode/supreme.htmlhttp://www.aclu.org/studentsrights/dueprocess/index.htmlhttp://www.landmarkcases.org/index.htmlhttp://www.ojp.usdoj.gov/bjs/cp.htm

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Resources on Due Process available from Social Studies School Service

To order, go to http://www.socialstudies.com/mproduct.html and enter the code and quantity of the desired titles or call toll-free 800-421-4246. HOW TO TEACH THE BILL OF RIGHTS. Designed to help teachers implement a unit of study on the Bill of Rights, this resource presents both a rationale for such a unit and carefully sequenced lessons based on extensive use of primary source documentation. Individual chapters center on the origins and creation of the Bill of Rights, basic civic values found in the document, the Supreme Court’s interpretations of constitutional issues, and Bill of Rights issues in contemporary American society. Each chapter contains three separate lessons, including James Madison’s ideas for a Bill of Rights, opposing views of free speech, five landmark Supreme Court cases, and a classroom forum on Bill of Rights issues. Includes a guide for related materials. Teacher resource. 7" x 10". ADL and ERIC. 106 p. ©1991. ADL158 Paperback $22.00 THE BILL OF RIGHTS AND YOU. Using a multi-pronged approach to immerse students in the vitality and importance of the Bill of Rights, this excellent resource has structured, clear lesson plans with introductory essays, discussion questions, vocabulary, and unit quizzes. Two videos parallel the units, offering insightful commentary from a full spectrum of political scholars and basic historical background in approximately ten-minute segments per unit. Arranged thematically, the units cover the founders (an excellent overview of the materials), religion, expression, guns, private property, criminal procedure, citizen juries, personal liberty, federalism, and the issue of incorporation. Each unit comprises two core lessons, except for the expression unit which contains four. Teachers also have access to a password-protected Web site that contains additional lessons, essays, quizzes, and links to educational resources. The kit houses the videos (102 minutes total) and the curriculum in a three-ring binder. Note: Expression unit includes an example of hate speech. Grades 7–12. Glossary. Resources. Illustrated. 12½" x 11½". Bill of Rights Institute. 282 p. Revised edition. ©2003. BOR100 Curriculum kit: 2 VHS videocassettes, guide in binder $69.95 BOR101 Curriculum kit: 2 DVDs, guide in binder $59.95 BILL OF RIGHTS POSTERS. Dramatic black-and-white archival photographs with attention-getting captions give vivid meaning to some of the basic freedoms guaranteed by the Bill of Rights and the 14th Amendment. The four rights illustrated are freedom of speech, freedom of religion, the right to assemble peacefully, and the right to equal protection under the law. The 56-page teacher’s guide (available separately) offers lesson plans to extend learning about these rights. Printed on coated stock. 11"h x 28"w. ABA. ©1991. CAB100 4 posters $14.95 CAB103 Guide $5.00

http://www.socialstudies.com/mproduct.html

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WE THE STUDENTS: Supreme Court Cases For and About Students. By Jamin B. Raskin. The author, professor of Constitutional law at American University, supercharges this dynamic casebook with abundant react-and-discuss questions, research projects, moot court exercises, historical background articles, and thumbnail bios of the justices who decided each case. Cleared of “legal underbrush” but retaining critical points, the 33 cases cover issues of free speech and censorship, school prayers, drug testing, sexual harassment, abortion and privacy rights, corporal punishment, and racial or gender segregation. Cases are fully briefed with majority and dissenting opinions quoted. The book includes a concise review of the Constitution and courts plus a simulation (“You Be the Judge!”) on how Supreme Court nominees are confirmed. Grades 9 and up. Index. Chapter bibliographies. Appendixes. Illustrated. Congressional Quarterly. 285 p. Second Edition. ©2003. CQ138 Paperback $27.00 THE BILL OF RIGHTS: A User’s Guide. By Linda R. Monk. An intriguing look at the first ten amendments to the Constitution. An introduction to the concept of rights and a history of the Bill are followed by an examination of each amendment using landmark Supreme Court cases to explore what is included—and excluded—under the guarantees of each right. A final section probes the evolution of rights beyond the first ten amendments, focusing primarily on the 14th Amendment, and the issues of due process and equal protection. The comprehensive 70-page guide (free with 25 or more student paperbacks) offers teaching suggestions, handouts, and exercises to extend the concepts introduced in the student book. Grades 7–12. Indexes. Glossary. Close Up Foundation. 265 p. Fourth Edition. ©2004. CU157 Paperback 1-24 copies $19.95 each 25 copies and over $17.25 each CU158 Teacher’s guide $16.95 PROFILES OF FREEDOM: A Living Bill of Rights. Focusing on four people whose actions ultimately resulted in watershed decisions by the Supreme Court, this program profiles Mary Beth Tinker (armband protest of the Vietnam war), Bridget Mergens (Bible club at school), Joey Johnson (flag burning), and Ernesto Miranda (confession without understanding of rights). Examination of each case includes interviews, audiotape excerpts of the actual arguments presented before the Supreme Court, legal analysis and historical context, and a roundtable of high school students debating the issues. A 30-page guide with reproducible handouts contains research, writing, and discussion activities. Grades 9–12. Color. 28 minutes. Close Up Foundation. ©1997. CU190V VHS videocassette, guide $29.95 BILL OF RIGHTS. A set of ten illustrated posters explaining the meaning and significance of the first ten amendments to the Constitution. Each poster features the text of an amendment as a caption for a representative photograph or illustration, while a concise paragraph clarifies how the amendment has been interpreted and demonstrates the value of these constitutional rights in a democratic society. Grades 5 and up. 17"h x 11"w. Knowledge Unlimited. ©1991. ED125 10 posters $24.95

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PROFILES OF FREEDOM: Assignment Discovery. In this engaging video, a multicultural group of high school students describe and debate the decisions of four landmark Supreme Court cases: Tinker v. Des Moines (student protest, 1969), Texas v. Johnson (flag burning, 1989), Miranda v. Arizona (rights of the accused, 1966), and Westside Community Schools v. Mergens (Bible study in schools, 1990). Through archival photos, interviews, and location footage, this discussion starter brings to life civil liberties issues such as freedom of speech, due process, and freedom of assembly, that are protected by the Bill of Rights. Also, throughout the program, a political science professor clearly explains the issues involved in each case. Grades 6–12. Closed captioned. Color. 26 minutes. Discovery Channel School. ©1999. DZ266V VHS videocassette $49.95 FREEDOM OF SPEECH. An open-ended exploration of a dramatized case which tests the limits of freedom of speech in America. A man honors Hitler’s birthday by engaging in an anti-Semitic diatribe outside a synagogue, and when violence ensues, he is arrested and later sentenced for disturbing the peace. The case is appealed, and opposing attorneys are shown making convincing arguments before the higher court. Before a judgment is handed down, students are asked how they would decide the case. Grades 7–12. Color. 17 minutes. Encyclopaedia Britannica. EBE226V VHS videocassette $49.00 YOU DECIDE! Applying the Bill of Rights to Real Cases. By George Bundy Smith and Alene L. Smith. Class discussion and argument can offer a lively introduction to the origins, purposes, and Supreme Court interpretations of the first ten amendments. This book of reproducible activities allows students to discuss cases as if they were actual judges. For example, the section on the Fourth Amendment centers around the 1968 case of Terry v. Ohio, involving search and seizure, and includes correlated discussion questions and suggestions to help class members analyze the case. Critical thinking skills also are sharpened through examination of current controversies such as drug testing, demonstrating how issues today are affected by the Bill of Rights. Grades 7–12. Critical Thinking. 134 p. ©1992. MDW209 Reproducible student worktext $26.99 MDW210 Teacher’s guide $14.99 BILL OF RIGHTS, BILL OF RESPONSIBILITIES: Bill Maher. Joking and editorializing, comedian Bill Maher uses topical humor, fast-paced news clips, and witty but focused explanations to clarify the Bill of Rights to the MTV generation. He begins by explaining that “the news is history hot off the press,” and next outlines a brief history of the Constitution. Then, drawing from current events and pop culture, he offers irreverent yet pertinent commentary on the Amendments: “But one thing that’s especially important to you and me, and certainly O.J. Simpson, is the Fourth Amendment, the right of search and seizure.” Maher concludes by emphasizing the necessity of participating in the democratic process. Grades 9–12. Color. 26 minutes. Cambridge Educational. ©1995. SDA320V VHS videocassette $79.95

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THE BILL OF RIGHTS: A Living Document. Can school officials make locker searches? Must athletes submit to drug testing? Are high school newspapers protected by the First Amendment? Treating these and other issues from a student’s viewpoint, this video examines personal liberty from Magna Carta forward, emphasizing the delicate balance between individual rights and the “common good.” On location at historic sites in Philadelphia, the host shows how provisions in the Bill of Rights, all traceable to British abuses in the colonies, have been applied to modern life by the courts. Includes animation, period art, question frames, and comments by historians. Grades 7–12. Color. 24 minutes. Cambridge. ©1997. SDA359V VHS videocassette $79.95 BILL OF RIGHTS. Each poster illustrates one of the first ten amendments, with its main features highlighted in red and followed by a short, easy-to-understand summary. 16½"h x 10"w. Perfection Learning. PFF208 10 posters $48.50

Table of ContentsTeacher IntroductionOverview: Due Process1. The 4th Amendment: How It Relates to Students2. The Miranda Case3. Right to Counsel4. Capital Punishment5. Free Press or Fair Trial?Culminating ActivitiesRubricsRelated Web Sites

Downloadable Reproducible eBooksIn this unit, students gain an appreciation for the development of...

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Transcript of Downloadable Reproducible eBooksIn this unit, students gain an appreciation for the development of...