Law and Justice - Rockwood School District Law_and_Justice.pdfLaw and Justice 715 2-16-06 4....

Law and Justice 713 2-16-06

LAW AND JUSTICE

COURSE DESCRIPTION

SS000020 (1st or 2nd Sem.) LAW & JUSTICE (10, 11, 12) ½ Unit Prerequisite: None This course is designed to give students an understanding of our system of legal justice in the United States. It focuses on the criminal justice system’s dilemma of maintaining social order while upholding individual rights. Major units will emphasize the court system, police functions, juvenile justice, corrections, and Constitutional rights. Students should be prepared to complete research projects/papers and participate in class discussions. THIS COURSE IS DESIGNED FOR STUDENTS WITH AN INTEREST IN LAW, BUT DOES NOT REPLACE OR FULFILL THE UNITED STATES GOVERNMENT REQUIREMENT.


I. Core Conceptual Objective Students will evaluate the structures, procedures, and effectiveness of the Criminal Justice System.

By the end of the course, all students should know:

State and National Standards Correlations

By the end of the course, all students should be able to:


1. goals of the criminal justice system. (I/E) • rehabilitation • restitution • punishment/deterrence • retribution

CIV 1. explain reasoning using supporting detail. (A)

SM 4.1, MC, SCANS, R, W

2. steps in the criminal justice process. (I/E) • crime (warrant, count, citation) • arrest (probable cause) • booking • initial appearance/preliminary

hearing/grand jury (information, indictment, bail/bail bondsman, ROR, preventative detention)

• arraignment • trial (motions) • jury instructions (aggravating and

mitigating circumstances) • verdict • sentencing • appeal • corrections/release

CIV, MCGV 2. create a graphic organizer showing the steps in the criminal justice process with visual and written descriptions. (A)

SM, NHS, CIV, MCGV

3. filtering process (such as plea-bargaining, unreported crime, and discretion). (I)

MCGV, CIV 3. evaluate and analyze current crime statistics. (D)

SS 1.6, NCSS


4. difference between misdemeanor and felony. (I/E)

CIV, MCGV 4. compare and contrast penalties for each type and level of crime. (I/E)

CIV, MCGV

5. structure of American court system. (D) • district courts • appellate courts • state courts • dual court systems • US/state supreme courts

CIV, MCGV, SS 1

6. types of jurisdictions. (I) • general • special/exclusive • original • appellate

CIV, MCGV

7. juvenile justice concepts. (I) • delinquent • status offens • legislative exclusion • Parens Patriae • dependent child • detention

CIV, MCGV 7. create a t-chart comparing vocabulary of juvenile and adult criminal justice system. (D)

CIV, MCGV

8. types of crime against persons and property. (I/E) • murder • manslaughter • robbery • rape • arson

CIV, MCGV


9. types of sentences. (I/E)

• incarceration • fine • parole • probation • rehabilitation

CIV, MCGV

10. elements of a crime. (I/E) • Mens Rea • act • legality • causation • concurrence • punishment • harm

CIV, MCGV

11. sources of law. (D) • common law • case law/precedent • statues • ordinances • federal law

CIV, MCGV

12. methods of settling out of court. (I/E) • arbitration • negotiation • mediation

CIV, MCGV

13. difference between accessory and accomplice. (I)

13. analyze source documents. (A) NHS, NCSS, LM, SS 7.1, R, W


14. create and interpret charts, graphs, and tables.

(A) SS 7.3, NCSS, SM 1.6, MC, NGS, SCANS, R, W

15. organize data, information, and ideas into useful forms for a presentation. (A)

SM, CIV, R, NHS, MCGV, W

16. evaluate current events. (A) NCSS, NHS, NGS

17. use technology to locate, select, and organize information. (D)

SCANS, LM, SM 2.7, CC, MC, SM 1.4, NGS, RCC, W, R

18. comprehend, plan and make written, visual, and oral presentations. (A)

SM 1.1, 1.2, 1.5, 2.1, R, NCSS, NHS, MC, SCANS, W

19. practice honesty and integrity in academic work. (A)

SM, W

20. conduct research to answer questions and evaluate information and ideas. (A)

SM 1.1, 1.2, MC, NHS, NCSS, W, NGS, SCANS, R


21. develop, monitor, and revise plans of action to

meet deadlines and accomplish goals. (D) SM 4.5, MC, W, R, SCANS, NCSS

22. explain reasoning using supporting detail. (D)

SM 4.5, SCANS, MC, W, R

23. exchange information recognizing bias and multiple points of view. (A)

SS 76, NGS, R, NCSS, SM 2.3, W, CIV


A. Facilitating Activities: CCO I: Students will evaluate the structures, procedures, and effectiveness of the Criminal Justice System. ORGANIZING IDEA #1 What constitutes a crime and how do the police, courts, and corrections work together to ensure justice is served? The student will: 1. discuss a current crime story and identify all seven elements of crime. (I C2, I C10, I P16) 2. write a story illustrating the filtering process that shows how suspects are filtered out of the criminal justice system. (I C3, I

P18) 3. negotiate a simulated legal issue. (see appendix page _____) (I C12) 4. create a flow chart demonstrating the path a case takes through the appellate courts to the Supreme Court. (I C5, I C 11, I P14) 5. complete attitude surveys regarding legal issues. (see appendix page _____.) (I P23) 6. evaluate scenarios demonstrating different types of crimes against persons and property. (I C8) 7. recognize and utilize legal terminology in class discussion. (I C1, I C2, I C7, I C10, I C12) 8. use primary source documents to investigate the criminal justice system. (I P13) 9. create a table of crime statistics for the state of Missouri. (I P3) 10. evaluate the various goals of the criminal justice system. (I C1, I P1) 11. create a poster illustrating the criminal justice process. (I P2, I C2) 12. use newspaper articles to find examples of misdemeanor and felony crimes. (I C4, I P16) 13. compare and contrast juvenile and adult criminal justice systems. (I C7, I P7)


B. Application Level Assessment: CCO I: Students will evaluate the structures, procedures, and effectiveness of the Criminal Justice System. Student Task: The student will: 1. understand the steps of the Criminal Justice Process. (I C2) 2. explain the filtering processes such as plea-bargaining, unreported crime, and discretion. (I C3) 3. determine the difference between misdemeanor and felony. (I C4) 4. understand the structure of American court system. (I C5) 5. distinguish the various types of jurisdictions. (I C5) 6. analyze the types of crime against persons and property such as murder, manslaughter, robbery, rape, and arson. (I C8) 7. distinguish between the various types of sentences such as incarceration, fine, parole, probation, and rehabilitation. (I C9) 8. identify the elements of a crime. (I C10) 9. comprehend, plan and make written, visual, and oral presentations. (I P18) Teacher Notes: Student should have received instruction on the criminal justice process prior to the ALA. Suggested Student Prompt: You are to create a fictional crime story to show your understanding of the criminal justice process. You will need to describe every stage in the story beginning with the crime and ending with the sentencing. You will need to describe the process and participants present at each step. (Keep in mind that all steps must be covered therefore, your criminal will plead “not guilty”).


SCORING GUIDE

CCO I: Students will evaluate the structures, procedures, and effectiveness of the Criminal Justice System.

4 3 2 1 CONTENT • Crime story clearly

illustrates the criminal justice system process. Effectively and correctly applies terminology adding to reader insight and clarity.

• Precise logical sequencing allows reader to clearly understand each step in the process.

• Crime story illustrates the criminal justice system process. Correctly applies terminology to the situation.

• A logical sequence allows readers to clearly understand most steps in the process.

• Crime story touches on the criminal justice system process. Applies some of the terminology to the situation appropriately.

• Sequence allows readers to clearly understand some of the steps in the process.

• Incorrectly or does not create a crime story to illustrate the criminal justice system process. Incorrectly or does not apply terminology.

• The sequence is illogical or disorganized.

STYLE AND MECHANICS

Uses all of the specified conventions of writing without error (see six trait scoring guide).

Uses most of the conventions of writing without error (see six trait scoring guide).

Uses some of the conventions of writing without error (see six trait scoring guide).

Uses few of the conventions of writing without error (see six trait scoring guide).


C. Application Level Assessment: CCO I: Students will evaluate the structures, procedures, and effectiveness of the Criminal Justice System. Student Task: The student will: 1. examine goals of criminal justice system. (I C1) 2. identify the elements of a crime. (I C10) 3. analyze types of crime against persons and property such as murder, manslaughter, robbery, rape, and arson. (I C8) 4. examine methods of settling out of court. (I C12) 5. identify steps in the criminal justice process. (I C2) 6. analyze types of sentences. (I C9) 7. analyze structure of American court system. (I C5) 8. analyze source documents. (I P13) 9. evaluate current events. (I P16) 10. comprehend, plan and make written, visual, and oral presentations. (I P18) 11. exchange information recognizing bias and multiple points of view. (I P23) Teacher Notes: Students should be taught how to do analysis prior to the ALA. The teachers should also demonstrate how to access online news sources.


Suggested Student Prompt: Throughout the semester you will write four article analysis papers. The articles you choose can be taken out of the following sources: St. Louis Post-Dispatch, New York Times, Time Magazine, Riverfront Times, USA Today, US New and World Report. The article must contain Law and Justice content. You must turn in a copy of the complete article with your analysis.

1. Topic/Thesis Statement- In one sentence describe what the article is about. This should be the main point that the article is

trying to make. 2. Summary/Abstract- In a paragraph, please go into more detail the content of the article. This is where you tell specifically what

the article is about and how you, the region, and/or the country is affected. 3. Analysis- This is where you analyze the content of the article and form your own opinion. You might be able to suggest laws,

rules, changes, outcomes, etc. You should discuss how your knowledge of criminal justice related to the article. 4. Bibliography- Cite the source of the article. Include name of the publication, title of the article, name of author, and date of

publication.


SCORING GUIDE

CCO I: Students will evaluate the structures, procedures, and effectiveness of the Criminal Justice System.

8 4 2 0 TOPIC/THESIS STATEMENT

Clear, concise, and informative statement of the main point of the article

Informative statement of the main point of the article.

Statement is general but related to the main point of the article.

No thesis statement or statement is unrelated to the main point of the article.

SUMMARY/ABSTRACT Well-written paragraph outlines the main content of the article and its effects.

Paragraph outlines the content of the article and its effects.

Paragraph generally summarizes some of the article content.

No paragraph or paragraph does not summarize article content.

ANALYSIS Clear, insightful analysis of the article including logical and supported opinions.

Clear analysis of the article including logical opinions.

Analysis of the article including some flaws in logic.

No analysis or analysis is seriously flawed.

BIBLIOGRAPHY Cites source of article including: name of publication, title of the article, name of the author, and date of publication.

Missing one component from list at left.

Missing two components from list at far left.

No bibliography.


D. Application Level Assessment: CCO I: Students will evaluate the structures, procedures, and effectiveness of the Criminal Justice System. Student Task: The student will: 1. identify and understand juvenile justice concepts such as delinquent, status offense, legislative exclusion, Parens Patriae,

dependent child, and detention. (I C7) 2. identify types of crime against persons and property. (II C8)

Teacher Notes:

Suggested Student Prompt: Match key terms from the juvenile justice system to their definitions.

Intake parens patriae disposition status offense taken into custody petition denial admission adjudicatory hearing found delinquent aftercare delinquent

1. A child who has committed an act that, if committed by an adult, would be a crime under federal, state, or local. law.

2. The procedure used to determine the facts in a juvenile case, similar to an adult trial, but generally closed to the public.

3. The equivalent to parole in the juvenile justice system. 4. The doctrine that allows the government to take care of

minors and others who cannot legally take care of themselves.

5. The equivalent to arrest in the juvenile justice system. 6. An informal process in which court officials or social

workers decide if a complaint against a juvenile should be referred to juvenile court.

7. Illegal act(s) that can only be committed by juveniles (i.e. truancy or running away from home).

8. The equivalent to a guilty plea in the juvenile justice system.


SCORING GUIDE

ANSWERS: 1. L, 2. A, 3. K, 4. B, 5. E, 6. I, 7. D, 8. H

D R A F T


II. Core Conceptual Objective Students will evaluate the structure and implementation of criminal law as it pertains to individual rights and public safety.





1. key United States court cases and their implications. (such as Mapp vs. Ohio, Miranda vs. Arizona, Gideon vs. Wainwright, and Furman vs. Georgia). (D)

MCH, MCGV, CIV, SS 1

1. analyze different interpretations of key documents and defend a position on competing ideas. (A)

SM 1.7, MC, NHS, SCANS

2. due process amendments and their importance to individual rights. (I/E) • 4th Amendment • 5th Amendment • 6th Amendment • 8th Amendment • 14th Amendment • exclusionary rule • double jeopardy • self-incrimination • Miranda warnings

MCGV, CIV, SS 1

2. analyze, interpret, and evaluate the accuracy of primary and secondary sources. (A)

SM 1.7, R, MCGV, W, NHS, SCANS, NCSS

3. crime statistics and bias within data (such as the Uniform Crime Report, National Incident Based Report System, and National Crime Victimization Survey). (I)

CIV, RE 3. a. analyze sources to recognize bias and points of view. (A)

------------------------------------------------------------ b. distinguish between fact and opinion. (A)

SS 7.6, SM, R, NGS, NCSSS, CIV, W ----------------- SS 7.6, NCSS, NHS, NGS, SM 1.7, R, W

D R A F T


4. types of defenses such as: (I/E) • consent • alibi • entrapment • duress • necessity • self-defense • immaturity • involuntary intoxication • insanity • mistake of fact

CIV, MCGV

5. the impact of community values on punishment and discretion. (I) • local legal culture • going rate

CIV, MCGV

6. police functions. (I) • prevent and control conduct • aid people who are in danger of harm • facilitate the movement of people in

vehicles • resolve conflict • create security in the community

CIV, MCGV

7. difference between reactive and proactive patrol strategies. (I)

7. evaluating the extent to which a strategy addresses a problem. (I/E)

SM 3.1, 3.2, 3.3, 3.4, 3.6, 3.7, NCSS, W, NGS, SCANS

8. use vocabulary, concepts, and theories appropriately. (I/E)

D R A F T


A. Facilitating Activities CCO II: Students will evaluate the structure and implementation of criminal law as it pertains to individual rights and public safety. ORGANIZING IDEA #1 How do constitutional protections and court decisions impact individual rights? The student will: 1. use library technology and the Internet to research and prepare a paper/presentation on defense strategies. (II C4, I P17, I P20) 2. create scenarios in which each defense strategy could be most effectively utilized. (II C4, II P7) 3. apply due process rulings and constitutional protections to current day cases. (II C2, II P1, II P2) 4. role play scenarios demonstrating the different police functions. (II C5) 5. give examples of reactive and proactive patrol strategies. (II C7) 6. analyze differences in crime statistic reports and discuss reasons for differences. (II C3, II P2)

D R A F T


B. Application Level Assessment CCO II: Students will evaluate the structure and implementation of criminal law as it pertains to individual rights and public safety. Student Task: The student will: 1. analyze types of defenses. (II C4) 2. evaluate the extent to which a strategy addresses a problem. (II P7) 3. use vocabulary, concepts, and theories appropriately. (II P8) 4. organize data, information, and ideas into useful forms for a presentation. (I P15) 5. comprehend, plan and make written, visual, and oral presentations. (I P18)

D R A F T


Suggested Student Prompt: 1. Research a defense strategy and create a short presentation about the strategy. Prepare a handout to support your presentation. 2. Read the scenario below and determine which defense strategy would best fit the situation. Not all will be used.

Defense Strategies

A. Duress B. Necessity C. Self-defense D. Involuntary

intoxication E. Insanity

AB. Consent BC. Entrapment CD. Alibi DE. Immaturity 1. Tom is known for selling drugs to children. The police see him walking in the park and approach him. One of the officers

slips a large bag of cocaine in Tom’s pocket while the other officer then arrests Tom for possession of a controlled substance.

2. Casey believed her life was in grave danger and used “reasonable force” to flee from her partner.

3. It as the worst flood in decades. The Wilson’s had to evacuate immediately but did not have a boat. Mr. Wilson took his neighbor’s boat.

4. Sara was baby-sitting Kevin when he found his parent’s shotgun and pulled the trigger killing Sara.

5. Janet is the teller at the neighborhood bank. Two men came to her window demanding money. They slipped her a note warning her of the consequences if she did not comply. Janet gave the men the money.

6. Kelly’s doctor prescribed pills for her. Kelly had an odd reaction to the medication when driving. She hit an oncoming car

and injured the other driver.

D R A F T


SCORING GUIDE

CCO II: Students will evaluate the structure and implementation of criminal law as it pertains to individual rights and public safety.

4 3 2 1 HANDOUT Information about

defense strategy is clear, organized, and effectively displayed.

Information about defense strategy is organized and clear.

Information about defense strategy contains minor inaccuracies and is slightly disorganized.

Information is inaccurate and unorganized or no handout.

PRESENTATION Defense strategy was well researched and is clearly, effectively, and accurately presented.

Defense strategy was researched and is clearly and accurately presented.

Defense strategy was generally presented but accurate.

Defense strategy was inaccurately or not presented.

SCENARIOS Accurately match all defense strategies to appropriate scenarios.

Accurately match most defense strategies to appropriate scenarios.

Accurately match some defense strategies to appropriate scenarios.

Accurately match few defense strategies to appropriate scenarios.

ANSWERS TO SCENARIOS:

1. BC; 2. C; 3. B; 4. DE; 5. A; 6. D

D R A F T


C. Application Level Assessment: CCO II: Students will evaluate the structure and implementation of criminal law as it pertains to individual rights and public safety. Student Task: The student will: 1. analyze crime statistics and bias within data such as the Uniform Crime Report, National Incident Based Report System, and

National Crime Victimization Survey. (II C3) 2. evaluate the extent to which a strategy addresses a problem. (II P7)

D R A F T


Suggested Student Prompt: 1. Using the charts below answer the following:

a. What inferences can you make between the various states size of death row and the number of executions for that state? Use a specific example to support your thoughts.

b. Does this support or negate the argument that the death penalty is a deterrent to crime?

DEATH ROW INMATES BY STATE

State # of Inmates State # of

Inmates State # of Inmates

California 616 Nevada 86 New Jersey 15

Texas 454 S. Carolina 77 Washington 13

Florida 382 Missouri 70 Utah 11

Penn. 244 Miss. 69 Connecticut 7

N.Carolina 217 Arkansas 42 Nebraska 7

Ohio 207 Indiana 41 U.S.Military 7

Alabama 194 Kentucky 39 Kansas 6

Illinois 176 (0 after 1/11/03) Oregon 29 Montana 6

Arizona 122 U.S. Gov't 26 Colorado 5

Georgia 118 Virginia 25 New York 5

Oklahoma 116 Idaho 22 South Dakota 5

Tennessee 106 Delaware 19 New Mexico 3

Louisiana 97 Maryland 15 Wyoming 2

D R A F T


Number of Executions by State and Region Since 1976 STATE Total STATE Total Texas 303 Nevada 9 Virginia 88 Ohio 7 Oklahoma 62 Mississippi 6 Missouri 60 Utah 6 Florida 55 Washington 4 Georgia 33 Maryland 3 S. Carolina 28 Nebraska 3 Louisiana 27 Pennsylvania 3 Alabama 27 Kentucky 2 Arkansas 24 Montana 2 N. Carolina 23 Oregon 2 Arizona 22 Colorado 1 Delaware 13 Idaho 1 Illinois 12 New Mexico 1 California 10 Tennessee 1 Indiana 10 Wyoming 1 Federal 3

D R A F T


SCORING GUIDE

4 3 2 1 INFERENCES FROM CHART

Makes accurate and logical inferences using clear, specific, and well chosen examples to support ideas.

Makes accurate inferences using specific examples to support ideas.

Makes inferences and uses general examples to support ideas.

Makes inaccurate inferences and does not support ideas.

ANALYSIS OF DETERRENCE

Analysis makes a logical conclusion about deterrence and supports ideas with clear, specific, and logical examples from the data.

Analysis makes a logical conclusion and supports ideas with specific examples.

Analysis makes a conclusion and supports ideas with examples but may have minor flaws in logic.

Analysis makes a conclusion but contains major flaws in logic or does not support ideas.

D R A F T


D. Application Level Assessment: CCO II: Students will evaluate the structure and implementation of criminal law as it pertains to individual rights and public safety. Student Task: The student will: 1. analyze key US Supreme Court Cases and their implications. (II C1) 2. organize data, information, and ideas into useful forms for a presentation. (I P15) Suggested Student Prompt: 1. For each court case covered in class, complete the following format. This will serve as a reference and analysis of the case.

Case Name: Case Date: Summary of case: Issue: Decision: Significance:

D R A F T


SCORING GUIDE

4 3 2 1 COURT CASE • Identifies case name

and date and includes clear, accurate, and thorough summary of the case.

• Accurately and thoroughly conveys the decision and accurately evaluates the significance of the case including implications of the decision.

• Identifies case name and date and includes an accurate and thorough summary of the case.

• Accurately conveys the decision and accurately evaluates the significance of the case.

• Identifies case name and includes an accurate but general summary of the case.

• Accurately conveys the decision but may not articulate the significance of the case.

• Misidentifies the case name and date and presents an inaccurate summary of the case.

• Does not accurately convey the decision or the significance of the case.

D R A F T


III. Core Conceptual Objective: Students will analyze and evaluate the justice system’s structure, background and interactions between police, courts and corrections.





1. the history and future trends of American corrections, police and courts. (I)

CIV 1. identify, analyze and compare the institutions and political traditions of past and present societies. (E)

SM 1.9, RE, SS, MC, NHS, NCSS, NGS

2. roles of key actors in the criminal justice system. (I/E) a. Prosecutor b. Defense Attorney

• Public Defender • Contract Counsel • Assigned Counsel • Private Counsel

c. Judge d. Jurors

CIV, MCGV, SS 1

2. exchange information, question and ideas while recognizing the perspectives of others. (A)

SS 7.6, RE, NGS, W, NCSS, SM 2.3, CIV

3. legal strategies and motions. (I) • change of venue • discovery • exclusion of evidence • suppression of evidence • dismissal

CIV, MCGV 3. evaluating the extent to which a strategy addresses a problem. (I/E)

SM 3.1, 3.2, 3.3, 3.4, 3.6, 3.7, W, NGS, SCANS, NCSS

D R A F T


4. challenges of jury system. (I)

• voir dire • peremptory challenges • unanimous verdict • six and twelve member juries • hung jury

CIV, MCGV, SS 1

5. impact of forensic evidence on the outcomes of cases. (I)

6. use of discretion by judges, police, lawyers and community members. (I/E)

CIV, MCGV

7. differences and reasoning for majority, dissenting and concurring opinions. (D)

CIV, MCGV 7. explain reasoning and identify information used to support a decision. (A)

SM 4.1, R, MC, SCANS, W

8. evaluate patterns and relationships in information, ideas, and structures. (D)

NCSS, R, SM, SS 7, W

9. use vocabulary, concepts, and theories appropriately. (I/E)

D R A F T


A. Facilitating Activities: CCO III: Students will analyze and evaluate the justice system’s structure, background and interactions between police, courts and corrections. ORGANIZING IDEA #1 How has the criminal justice system evolved in terms of accused criminals’ rights? What is the role of judges, jurors, lawyers, and police in the criminal justice system? The student will: 1. compare and contrast the changes in America’s penal system over the last 150 years. (III C1, III P1) 2. create timelines tracing the history of American police, courts, and corrections. (III C1, III P1) 3. complete voir dire role-play activity. (see appendix page _____.) (III C4) 4. prepare questions for a guest speaker on forensic science. (III C5, III P3) 5. reenact important trials in American history. (III C1, III P7) 6. analyze the impact of individual discretion by judges, police, and lawyers. (III C6, III P7) 7. compare and contrast majority and dissenting opinions. (III C7, III P7)

D R A F T


B. Application Level Assessment: CCO III: Students will analyze and evaluate the justice system’s structure, background and interactions between police, courts and corrections. Student Task: The student will: 1. understand the history and future trends of American corrections, police and courts. (III C1) 2. identify roles of key actors in criminal justice system. (III C2) 3. justify the use of legal strategies and motions. (III C3) 4. examine challenges of jury system. (III C4) 5. analyze the impact of forensic evidence on outcome of cases. (III C5) 6. understand the use of discretion by judges, police, lawyers and community members. (III C6) 7. differentiate between majority, dissenting and concurring opinions. (III C7) 8. use vocabulary, concepts, and theories appropriately. (III P9) 9. evaluate patterns and relationships in information, ideas, and structures. (III P8) Teacher Notes: This selected response assessment should be give after instruction of the concepts in the content and skills.

D R A F T


Suggested Student Prompt: Complete the following multiple choice test questions: 1. The ability of officials to act according to their own judgment and conscience is the essence of:

a. criminal justice policy b. the due process model c. crime prevention d. discretion

2. Which of the following can be studied in forensics lab? a. Blood samples b. Hair and tissue samples c. Bullets and bullet casings d. All of the above

3. The process of questioning and selecting jurors is called: a. habeas corpus b. voir dire c. stare decisis d. res judicata

4. When an attorney detects overt bias in a potential juror during jury selection, the attorney applies a:

a. peremptory challenge b. proximate cause challenge c. juror refusal d. challenge for cause

5. This motion is made when the defense attorney requests a change of trial location due to the lack of impartial jurors. a. motion of severance b. change of venue c. suppression of evidence d. quash a warrant

D R A F T


6. Six-member juries in criminal cases: a. must be unanimous b. violate the U.S. Constitution c. may not be drawn from voter registration lists d. all of the above

7. To gain a criminal conviction at trial, a prosecutor must prove guilt:

a. by clear and convincing evidence b. by a preponderance of evidence c. beyond all lingering doubt d. beyond a reasonable doubt

8. You were found innocent 2-1 in the US court of appeals, a concurring opinion is written. What does this mean? a. One judge believed you were guilty and stated why. b. Two judges believe you were innocent and stated why. c. One judge that found you innocent has a different reason than the other. d. The court was wrong and the case was overturned.

9. Police in a democracy such as the U.S., police are organized mainly to be:

a. proactive. b. reactive. c. violate individual freedoms. d. none of the above

10. According to the U.S. Supreme Court, police officers: a. can use any force necessary to catch a felony suspect b. can violate the Sixth Amendment by shooting a suspect c. cannot use deadly force on any suspects d. cannot shoot unarmed, non-threatening fleeing suspects

D R A F T


11. Which of the following hamper police-minority relations in the American multi-cultural society? a. stereotypes held by some officers b. cultural differences that lead immigrants to violate behavioral norms, including criminal laws c. language barriers when residents do not speak English and officers speak only English d. all of the above

12. Which of the following can be studied in forensics lab? a. Blood samples b. Hair and tissue samples c. Bullets and bullet casings d. All of the above

13. Police response time rates are highly dependent on:

a. proactive policing strategies b. the allocation of personnel to vice investigations c. prompt reports by victims and witnesses d. the effectiveness of the detective unit

14. Preliminary investigation, the initial examination of witnesses and crime scenes, is conducted by:

a. detectives b. FBI lab technicians c. patrol officers d. assistant prosecutors

15. These are the high status officers responsible for investigation after the initial investigation.

a. sheriffs b. patrol officers c. prosecutors d. detectives

D R A F T


16. The era in American policing which was characterized by close ties between the police and local government leaders is known as: a. the Professional Model Era b. the Community Era c. the City Machine Era d. the Political Era

17. In rural Western areas and towns, law and order was handled by:

a. federal bailiffs b. night watchmen c. sheriffs & vigilantes d. slave patrols

18. The Community Policy Era began with a new emphasis on: a. motorized patrol b. rapid response as a means to reduce crime c. personal contact between police and citizens d. three-officer patrol cars

19. You were found innocent 2-1 in the US court of appeals, a concurring opinion is written. What does this mean?

a. One judge believed you were guilty and stated why. b. Two judges believe you were innocent and stated why. c. One judge that found you innocent has a different reason than the other. d. The court was wrong and the case was overturned.

20. Prosecutor’s decisions to drop charges:

a. occur only when the defendant is clearly innocent b. may be influenced by jail overcrowding c. must be approved by a judge d. must be published in the newspaper

D R A F T


21. The defense attorneys may use pretrial motions to: a. inform the defendant of his or her rights b. seek the suppression of evidence c. offer a plea of guilty d. all of the above

D R A F T


SCORING GUIDE

Correct answers to the assessment may be found at http://insider.rsd. A password is required to access restricted assessment materials. Please contact Holly Julius ([email protected]) or Roxanna Mechem ([email protected]) for clearance codes.

D R A F T


IV. Core Conceptual Objective: Students will compare and contrast criminal and civil law.





1. types of legal fees. (I) • contingency fee • retainer fee • contract

CIV, MCGV

2. difference between parties in criminal and civil cases such as plaintiff and prosecutor. (I/E)

CIV, MCGV

3. difference between burden of proof. (I/E) a. beyond a reasonable doubt b. preponderance of evidence

CIV, MCGV 3. analyze and evaluate differences between burdens of proof. (D)

CIV, MCGV

4. types of punishment (such as fees rather than incarceration). (I)

CIV, MCGV 4. compare and contrast criminal and civil legal systems. (I/E)

CIV, MCGV, SCANS, SM 1.6

D R A F T


A. Facilitating Activities: CCO IV: Students will compare and contrast criminal and civil law. ORGANIZING IDEA #1 What are the fundamental differences between the criminal and civil justice systems? The student will: 1. create a commercial for a defense attorney. (IV C2) 2. identify and utilize terminology from civil law cases. (IV P4, IV C2) 3. create a brochure explaining the types of legal fees. (IV C1) 4. compare and contrast criminal and civil cases. (IV C2, IV C4) 5. explain how burden of proof affects the outcome of cases. (IV C3)

D R A F T


B. Application Level Assessment: CCO IV: Students will compare and contrast criminal and civil law. Student Task: The student will: 1. describe types of legal fees associate with civil and criminal law systems. (IV C1) 2. differentiate between parties and burden of proof in criminal and civil cases. (IV C3, IV C2) 3. examine types of punishment associated with civil and criminal cases. (IV C4)

D R A F T


Suggested Student prompt: 1. Complete the table.

Criminal Courts Civil Courts Definition

Names for Opposing Sides

What is the standard for the Burden of Proof

Types of Fees and Sentences

D R A F T


SCORING GUIDE

Definition State or federal government versus an individual or group; committed crime; possible punishments

include fines or incarceration

Individual or group versus individual or group; harm caused or negligence.

Names for Opposing Sides

Prosecutor vs.

Defendant

Plaintiff vs.

Defendant What is the standard for the Burden of Proof

Beyond a reasonable doubt Preponderance of evidence

Types of Fees and/or Sentences

Retainer Fee Contract

Fines Incarceration/Jail/Prison

Death Boot camp Probation

Rehabilitation House arrest

Contingency Fee Contract Fee

Compensatory/Punitive Damages $$$$$$

Law and Justice - Rockwood School District Law_and_Justice.pdfLaw and Justice 715 2-16-06 4....

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