Street Law
Ms. Maney
Street Law is an elective course taught for 1 semester. It includes various aspects of the law. The topics vary that will be discussed. Behavior must be exceptional at ALL times.
You will need a folder. I will store it in the classroom for you.
Bring a pen or pencil everyday . Assignments are expected to be turned in on time. I will take 15 points off for each day an assignment is late.
Daily work is 50% - special assignments count 50%.
Your needed supplies:
EVERYONE will bring a folder and PLEASE donate a box of kleenex.
CURRENT EVENTS: New York Newspaper video
https://www.youtube.com/watch?v=eJ5_zvxy6Lg&feature=related
Copy and complete this form.
Title of article: ___________________
Author:___________________
Would this be a national or local story?_______________________
Why is this story significant?___________________
Relate this to a past historical event.____________________
How will this information affect us in the future?_________________
What are your thoughts and opinions?___________________
http://www.txdps.state.tx.us/
http://youtu.be/Y-31c_E5VIk http://youtu.be/Y-31c_E5VIk
http://www.citizensagainstpuppymills.org/pmauctions.php
|
http://youtu.be/Y-31c_E5VIk
Why do we need laws? To keep order. To know what’s expected Make things fair http://www.msn.com/en-us/lifestyle/smart-living/50-of-the-craziest-laws-in-every-state/ss-AAlEIFj?ocid=NL_ENUS_A1_OM2-PID83553 Ship wrecked sailors Anybody who deliberately takes the life of another can be charged with murder. Defense It was for survival It was the doctor’s idea They had no food or water For medical reasons, they needed the nourishment. They weren’t in the normal state of mind. What to do when you are stopped
5th Amendment and Miranda Warnings Right to remain silent. Anything you say can and will be used against you. Right to an attorney. If you can not afford one, one will be provided for you. When/if you are ever accused of a crime: (a little humor) I plead the "Fif" https://www.youtube.com/watch?v=ERm_WNxGs1U STEREO TYPING PEOPLE IS NEVER GOOD!!! However,there are jobs for criminal profiling. Certain people are more likely to commit certain crimes. See if you can figure who would be more likely to commit the following crimes: 1. Drive by shootings – 2. Bomb threats at a school – 3. Killing their own children – 4. Robbery of a liquor store – 5. Rape – 6. Kidnapping – 7. Burglary - 8. Gang fights - 9. Animal hording – 10. Animal abuse, dog fighting – Why people commit crimes 1. They might not know the law 2. mental illnesses 3. drug abuse 4. Adrenaline 5. gang affiliation 6. Desperation 7. biology/genetics 8. Former traumatic experiences 9. If it’s the only lifestyle that you know 10. Revenge/protection Complete, in your assigned group using your chromebook, a 10 slide power point with pictures on each slide, in google docs, and share with me pmaney@austinisd.org REMEMBER - include ALL names, first and last and class period in 1st slide. THANKS! These will be presented next class. Why we lock people up Protect society Pay price for their crime The Price of Murder: http://www.youtube.com/watch?v=kBdfcR-8hEY https://www.youtube.com/watch?v=1sl5KJ69qiA&t=145s Socrative #1 Name your planet and 3 rights - Debate Bystanders - What would you do? https://www.youtube.com/watch?v=xyixU8zfU20 https://www.youtube.com/watch?v=BdpdUbW8vbw Apathetic Bystanders Why do you think nobody helped? They were scared. Maybe she wasn’t important to them. Did the bystanders commit a crime by not helping? Well…failure to render aid. Definitely didn’t do the right thing. Should the law hold these citizens responsible? Yes, because they did not help and they could have. The Right To Remain Silent - Miranda v Arizona http://www.annenbergclassroom.org/page/the-right-to-remain-silent-miranda-v-arizona I plead the "Fif" https://www.youtube.com/watch?v=ERm_WNxGs1U Types of Laws Criminal and Civil Criminal laws involve: Jail time, fines, include: murder, sexual assault, robbery, etc. The bigger crimes jury decision must be unanimous decision on you’re either guilty or not. Civil Laws: speeding tickets, littering, loitering, barking dogs, etc. No jail time, but fines. Jury decision must be a majority. You’re either negligent or not. Death penalty/Capital Punishment: you must commit 2 felonies at one time; one being murder. Socrative #2 Exceptions: killing a cop, killing the president, killing a pregnant woman, killing a child under the age of 5. http://www.people-press.org/quiz/political-typology/ https://www.youtube.com/watch?v=K_J3sYIgvUE&t=43s https://www.youtube.com/watch?v=nvE-1qAs1W4 http://www.bbc.com/news/world-us-canada-28841715 Current Event: Read online the story of Michael Brown from Ferguson Missouri and answer the following questions in your spiral: 1. Do military weapons and tactics help police fight crime? Why or why not? Police say they need military weapons and armored vehicles for protection. 2. How do the dangers of police work compare with other jobs? 3. Are police becoming more or less isolated from the community? 4. Do you know the officers patrolling your neighborhood/school? 5. Do you find police to be friendly or intimidating? 6. What could be done to improve relations with police, who's job it is to protect and serve, and the community? Current Event/notebook check Chapter 1 vocabulary: Jurisprudence: The study of law and legal philosophy. Criminal laws: Regulate public conduct and set duties owed to society. Felonies: Serious criminal offense punishable by prison sentence a year or more. Misdemeanors: Criminal offense punishable by prison sentence a year or less. Civil laws: Regulate relations between individuals. Civil action: A lawsuit that’s brought by a person who feels wronged or injured by another person. Defendant: Person accused of committing a crime. Plaintiff: Person or company harmed. Prosecutor: State or federal government's attorney. Beyond a reasonable doubt: The jury must have no reasonable doubt against the defendant. Preponderance of the evidence: Jury must decide if It’s more likely than not. Limited government: Limits government to powers provided to it by people. Separation of powers: The division of power among the branches of government. Statutes: Legislative branch uses this law making power when it passes laws. Judicial review: The process by which courts decide whether the laws that are passed by congress are unconstitutional. Unconstitutional: Conflicting with some provision of the constitution. Federalism: Division of power between states and federal government. Bill of Rights: First ten amendment of the constitution, guaranteed basic individual rights. Vocab completed by Dontae' Harris and Callaghan O'Reilly Current Event and Notebook Check Ch 2 Law Making Legislatures • Congress is made up of two houses: – the Senate is composed of 100 members – the House of Representatives has 435 members • Congress passes laws that are binding on people of every state. Lawmaking authority • …laws passed by Congress are known as federal statutes • …federal statutes deal with environment, national defense, homeland security, labor relations, veterans’ affairs, public health, civil rights, economic development, postal services, and federal taxes. • State laws impact education, traffic, state taxes, marriage/divorce, most criminal laws, and the powers & duties of state gov’t officials Federal gov’t power is limited • Congress cannot legislate unless given the power to do so in the Constitution. • The states have a much broader power to legislate. • Supremacy clause – when a state law conflicts with a federal law – the state laws are invalid. • Cities, towns, and counties also have lawmaking bodies (councils/boards) – These laws are known as ordinances or regulations. – Local laws only apply to a county, city, or town. Socrative Legsilative #3 http://www.youtube.com/watch?v=tyeJ55o3El0 Bills • … legislation is introduced as a bill. • Bills are introduced to enact new laws or amend or repeal old laws. – Bills can come from anyone – legislators, gov’t officials, individual citizens, businesses, or lobbyists that represent various groups or interests. • A bill passed by the legislature and not vetoed by the executive branch becomes a law. …after a bill becomes a law. • … the people must obey it. • sometimes the language of the law is open to differing interpretations – it’s not always easy to know exactly what a law prohibits or allows. Class Assignment: In a group of 2-3 write a bill explaining what you want passed, who will be effected and why we should vote for your bill. Courts • Law is also made by courts. • When a case is appealed to a higher court, that court issues a written opinion. • That opinion sets a precedent for similar cases in the future. • All lower courts in that jurisdiction where the precedent was issued MUST follow it. 48 hours - mystery Ch 2 Vocab: Statutes: The law making authority of congress is exercised thru the passage of laws known as federal statutes. Supremacy clause: states that U.S. laws/treaties must be followed even if state and local laws disagree with the Constitution and the treaties. Bills: The process of making a law. Legislative intent: A judge that interprets what the legislature means. Public hearings: proceedings that are open to the public. Trials: a court proceeding. Appeals: to take a case to a higher court for a rehearing. Appellate courts: one who signs or files an appeal of a trial decision. Precedent: court decision on a legal question that guides future cases with similar questions. Treaty: an agreement or contract between countries In the Austin American Statesman - Current Event http://player.ooyala.com/iframe.html#pbid=54ea1c2f14ee44369ddf31ac887ffe7e&ec=Mwc3UxcDppVTuwF9i_OwwXSk4LcCsw0E&docUrl=http%3A%2F%2Fnieonline.com%2Faustin%2Fembed%2Fvideooftheweek.cfm Newly found DNA evidence cleared the brothers and linked the crime to another convicted murderer.■Class discussion: How often do confessions turn out to be false? Can you find any other examples of false confessions? Should lawyers be present during police interrogations? One of the brothers was facing execution in the case. Do you support capital punishment when you consider the number of death row inmates that have been cleared by DNA evidence? Do you think any innocent people have been executed? |
Ch 2 Vocab Quiz:
1. _____ Laws made by legislatures.
2. _____ Provision that requires that the US Constitution and federal laws are a higher authority than state laws.
3. _____ The purpose for which a statue is enacted.
4. _____ Court decisions establishing legal principles.
5. _____ Divides the lawmaking power between the federal and state governments.
6. _____ Between state and federal government, has broader power to legislate.
7. _____ Law made by local governments.
8. _____ Proposed laws
9. _____ Process of writing actual language of a bill.
10. _____ Develop regulations
11. _____ Agreements or contracts between countries.
12. _____ One reason courts would not enforce laws.
A. precedent
B. Bills
C. Drafting
D. Legislative intent
E. Ordinances
F. agencies
G. State legislatures
H. Statutes
I. Supremacy clause
J. Treaties
K. Too vague
L. U.S. Constitution
Notebook check/Current Event
G
Ch 3
Changing the law:
In groups, the class will research the following proposed laws and answer the questions that follow.
A. Require everyone under 21 years of age to wear a helmet while riding a bicycle on public property.
B. Require a two-week waiting period and background check for anyone wanting to buy a handgun.
C. Require 18 and under driver with less than one year experience as a licensed driver to drive only during the daylight hours and never with more than one passenger, except siblings.
D. Establish a curfew requiring that people under 18 years of age be off the streets by 10:00 pm Sunday –Thursday and by 11:00 pm on Friday and Saturday unless commuting to and from work or school
E. Change the driving age to 18.
F. Require ALL people to enlist in service and complete 2 years serving our country after high school.
G. Require all people over the age of 70 to take a written as well as behind the wheel driving test every 2 years.
Answer these questions about your assigned law:
1. What arguments could be presented for and against your law?
2. What groups, organizations, or businesses are likely to lobby for or against the law?
3. Predict the outcome if your community held a vote on the law.
Ch 3 Vocab:
Advocacy – supporting a cause.
Lobbying – a way to influence lawmakers to vote the way you want them to.
Initiative – procedures that enables a specified number of voters to propose a law by petition.
Referendum – occurs when a legislative act is referred to voters for final approval or rejection.
Recall – allow voters to remove elected officials from office.
Take this quiz:
http://www.blogthings.com/howliberalorconservativeareyouquiz/
Socrative #5
______________________________________________________________________________________________________________________
The following proposals have been made to encourage more people to vote. Do you favor or oppose each of these and explain.
1. Levying a fine of $20. If you are eligible to vote and don’t,
2. Allowing people to register and vote on the same day.
3. Lowering the voting age to 16 so high school students can vote.
4. Holding all elections on weekends.
5. Reducing people’s taxes by $10 each if they vote.
6. Allowing people to vote not just for representatives, but directly for or against issues on the ballot that they care about.
7. Prohibiting the media from reporting poll results or projections until all polls are closed.
8. Automatically registering everyone with a driver’s license to vote.
Draft a letter to a public official identifying a concern for you that you would like to have addressed.
Chapter Overview
Chapter 3: Advocacy
Advocacy involves strategies aimed at influencing the creation and implementation of laws and policy. In addition to using their voting power, citizens in a democracy can organize to alert elected officials to problems in their communities, states, and country and work to promote solutions.
The Art of Advocacy Advocacy is the active support of a cause and the attempt to persuade others. Successful advocates must be organized, use effective methods of communication, and choose the appropriate level of government to which to address their particular issue.
Lobbying Lobbying is an attempt to influence the law by convincing lawmakers to vote a certain way. Lobbying is protected by the U.S. Constitution because it involves the right to free speech and other First Amendment protections. Anyone can be a lobbyist and try to convince lawmakers to vote for or against a particular issue.
Voting Voting is a basic constitutional right. In general, eligible citizens in a democracy elect representatives to act on their behalf when making and enforcing laws.
To vote in the United States, you must be at least 18 years old, a U.S. citizen, and a resident of the district in which you want to register.
Campaign Finance Reform The goal of campaign finance reform is to prevent corruption in the election process.
RULES:
Agree to resolve the conflict.
No name calling.
Take turns talking. Don't interrupt.
Be clear and truthful about what is bothering you and what you really need.
Listen to the other person. Be sure you understand how he or she sees the problem.
Use your brains, not your hands.
Be willing to compromise (if that's appropriate).
Price of Power and Money
https://www.youtube.com/watch?v=VDpy8UUaPqQ
Renters Rights in Texas
https://www.texasattorneygeneral.gov/consumer-protection/home-real-estate-and-travel/renters-rights
Socrative #6 and Advocacy
Peer Mediation
When a problem arises in the classroom between two students, teachers may opt
to have those students leave the classroom and go to the principal’s office.
While in some cases this is the only option available, due to the dispute
becoming violent, you might consider letting the students work out their
problem with a peer mediation session. Peer mediation is where the two fighting
students sit with another student to get a third person’s view of the problem.
It is a structured setting that provides students the chance to resolve their
differences with an objective student’s point of view. Peer mediation helps
students resolve their differences without aggression, which could lead to
violence.
The “Walk Away” Method
Teaching your students to walk away when a dispute is heated is very
important. Teach them that there is no need to get into a disagreement that
escalates to violence. Let your students know that walking away from a
potentially dangerous situation does not mean they are a chicken. It means that
they are aware of danger, and it is a smart decision on your part to avoid the
dispute.
Teacher Mediation
Let your students know that you are always available to be the mediator in a
dispute. It is their decision to come to you for advice, but you are available.
Also let your students know that you need to be aware of any potentially
dangerous situations that students may place themselves in, such as planning a
fight after school, etc. This is important.
Importance of Taking Turns
If a dispute between students arises because they are having trouble sharing
something, point out the benefits of sharing. For instance, it may be time for
recess and two kids want to play with a ball. Point out that instead of playing
with the ball by yourself, why not share the ball and play catch? Give children
examples and scenarios of how sharing can be good for two people, so that the
next time this type of dispute arises, your students will know how to handle
it.
Character Exercises
Building character exercises into your curriculum is a good way to teach kids
about how to resolve conflicts. Teaching them how to respect others, being
honest with others, and how to be compassionate towards others may stick with
them in times of dispute. Arming your students with information, such as
character training, gives them a chance to practice what they have learned, if
they find themselves in a dispute.
Chapter 3: Advocacy
1. Which of the following is the best example of advocacy?
a. The city council passes a law making it illegal to skateboard on the streets.
b. Tran is a paid signature gatherer. He collects 500 signatures for an initiative to ban the trapping of animals within the city limits.
c. Juan is unhappy that students skipping school are suspended as punishment. He hosts a meeting to organize a youth court in the school.
d. Tina is also unhappy with the way truancy is handled at school. She complains to her friends about it.
2. Which of the following people is lobbying?
a. Juan joins a picket line to protest unfair treatment at the plant.
b. High school student Jakkie e-mails her state senator to urge him to vote for funding for the schools.
c. Hymie passes out literature on a candidate for judge.
d. Hattie works at the voting precinct on election day.
3. Voting is a(n) __________.
a. privilege.
b. right.
c. mandatory duty.
d. experience.
4. What is NOT a requirement for registering to vote in U.S. elections?
a. The person must be 18 years old.
b. The person must be a U.S. citizen by birth or naturalization.
c. The person must be a resident of the community in which he or she is registered.
d. The person must speak English fluently.
5. In order to be effective, an advocate must
a. be popular.
b. be actively advocating for something.
c. a US citizen.
d. live in a large city.
Current Event/Notebook Check
1. Which of the following is the best example of advocacy?
a. The city council passes a law making it illegal to skateboard on the streets.
b. Tran is a paid signature gatherer. He collects 500 signatures for an initiative to ban the trapping of animals within the city limits.
c. Juan is unhappy that students skipping school are suspended as punishment. He hosts a meeting to organize a youth court in the school.
d. Tina is also unhappy with the way truancy is handled at school. She complains to her friends about it.
2. Which of the following people is lobbying?
a. Juan joins a picket line to protest unfair treatment at the plant.
b. High school student Jakkie e-mails her state senator to urge him to vote for funding for the schools.
c. Hymie passes out literature on a candidate for judge.
d. Hattie works at the voting precinct on election day.
3. Voting is a(n) __________.
a. privilege.
b. right.
c. mandatory duty.
d. experience.
4. What is NOT a requirement for registering to vote in U.S. elections?
a. The person must be 18 years old.
b. The person must be a U.S. citizen by birth or naturalization.
c. The person must be a resident of the community in which he or she is registered.
d. The person must speak English fluently.
5. In order to be effective, an advocate must
a. be popular.
b. be actively advocating for something.
c. a US citizen.
d. live in a large city.
Current Event/Notebook Check
Chapter Overview
Chapter 4: Settling Disputes
Conflict can sometimes cause problems, but it can also be productive if handled in a responsible way. The goal of our legal system is to settle as many disputes as possible outside the courts. Going to court can be time-consuming and costly and often results in continuing tension between the parties.
Methods for Solving Disputes There are three common methods used to settle disputes outside of court—negotiation, arbitration, and mediation. Negotiation is the most informal. In negotiations, people involved in a dispute discuss their problems and try to reach an agreeable solution. Successful negotiating is an important skill that can help you in almost everything you do.
Arbitration is a more formal process in which disputing sides agree to have a third person listen to their arguments and make a decision for them. In this case, the arbitrator acts like a judge by declaring a solution for the disputing parties. However, the arbitrator may have more flexibility than a judge in devising solutions to problems. Arbitration is a common method for settling contract and labor-management disputes.
Mediation takes place when a third person, a mediator, helps the disputing parties talk about their problems. Unlike an arbitrator, a mediator does not impose a decision on the parties. Mediation is voluntary and is used to solve a variety of disputes. Some schools use mediators to help resolve conflict among students. Negotiation and mediation are based on the notion that the ideas for the solution must come from the conflicting parties. The parties then have a greater interest in making the solution work.
Chapter 4: Settling Disputes
Conflict can sometimes cause problems, but it can also be productive if handled in a responsible way. The goal of our legal system is to settle as many disputes as possible outside the courts. Going to court can be time-consuming and costly and often results in continuing tension between the parties.
Methods for Solving Disputes There are three common methods used to settle disputes outside of court—negotiation, arbitration, and mediation. Negotiation is the most informal. In negotiations, people involved in a dispute discuss their problems and try to reach an agreeable solution. Successful negotiating is an important skill that can help you in almost everything you do.
Arbitration is a more formal process in which disputing sides agree to have a third person listen to their arguments and make a decision for them. In this case, the arbitrator acts like a judge by declaring a solution for the disputing parties. However, the arbitrator may have more flexibility than a judge in devising solutions to problems. Arbitration is a common method for settling contract and labor-management disputes.
Mediation takes place when a third person, a mediator, helps the disputing parties talk about their problems. Unlike an arbitrator, a mediator does not impose a decision on the parties. Mediation is voluntary and is used to solve a variety of disputes. Some schools use mediators to help resolve conflict among students. Negotiation and mediation are based on the notion that the ideas for the solution must come from the conflicting parties. The parties then have a greater interest in making the solution work.
Ch 4 Vocab:
Negotiation – the process by which people involved in a dispute discuss their problem and try to reach a solution acceptable to all.
Settlement – an agreement before a case goes to trial.
Arbitration – both parties in a dispute have a 3rd party listen to their arguments and make a decision for them.
Mediation – takes place when a third person helps the disputing parties talk about their problem and settle their differences.
Ombudspersons – investigate complaints and then helps parties reach some agreement.
Negotiation – the process by which people involved in a dispute discuss their problem and try to reach a solution acceptable to all.
Settlement – an agreement before a case goes to trial.
Arbitration – both parties in a dispute have a 3rd party listen to their arguments and make a decision for them.
Mediation – takes place when a third person helps the disputing parties talk about their problem and settle their differences.
Ombudspersons – investigate complaints and then helps parties reach some agreement.
Chapter 4: Settling Disputes
1. What is a disadvantage of going to court to solve a conflict?
a. Involvement of juries in court cases ensures that the community has a role in deciding what is fair.
b. Decisions by courts can be enforced through the power of the government.
c. Having an attorney speak for the parties helps ensure that their wishes are clearly presented.
d. The court process can take a long time and be very expensive.
2. Sam volunteered to buy tickets online for an upcoming concert for himself and his friend T'Andre. When T'Andre got sick and couldn't go he refused to pay for the ticket Sam had bought for him. Sam and T'Andre get together to talk about how they can resolve their dispute. This is an example of __________.
a. mediation
b. arbitration
c. negotiation
d. court action
3. Jaime, who is blind and uses a seeing eye dog, gets an eviction notice from her landlord, stating that she has violated the no pet rule. Jaime gets legal services to contact the landlord to help her work out a solution. This is an example of __________.
a. mediation
b. arbitration
c. negotiation
d. court action
4. Dinah was hurt in a car accident. Her attorney negotiates a settlement of $25,000. What are Dinah's options?
a. Dinah must accept the $25,000.
b. Dinah may reject the $25,000 but she will have to get a new attorney.
c. Dinah has the right to accept or reject any offer made in her case.
d. Dinah's attorney has the right to accept or reject any offer made in this case.
5. What is NOT a step in the preparation phase for negotiation?
a. develop a sincere interest in settling the problem
b. identify the conflict as clearly as possible
c. separate the demands from the interests
d. resolve to settle the conflict even if the resolution feels unfair
6. Workers and management could not agree on how much employees would pay for medical care. Their labor agreement stated that this issue would go to a person who would hold a hearing and then have the authority to decide it. This is an example of __________.
a. mediation
b. arbitration
c. negotiation
d. court action
7. Malia complained to the Better Business Bureau about one of the member stores. The store manager agreed to try to work out the problem with Malia, assisted by another person who would help both sides figure out a solution to the problem. This is called __________.
a. mediation
b. arbitration
c. negotiation
d. court action
8. Which of the following describes mediation?
a. The person listening to both sides decides how to solve the conflict.
b. Both sides reach an agreement without any outside help.
c. A neutral person sets ground rules and helps both sides list their concerns and reach a resolution.
d. Both sides have a representative to help solve the conflict.
9. Ombudspersons are mostly used in what conflict resolution process?
a. mediation
b. arbitration
c. negotiation
d. court action
10. One distinguishing feature of negotiation and mediation is that __________.
a. they focus on the past conflict
b. they focus on the future relationship between the parties
c. they involve an expert in solving the conflict
d. they use a formal process to ensure fairness
1. What is a disadvantage of going to court to solve a conflict?
a. Involvement of juries in court cases ensures that the community has a role in deciding what is fair.
b. Decisions by courts can be enforced through the power of the government.
c. Having an attorney speak for the parties helps ensure that their wishes are clearly presented.
d. The court process can take a long time and be very expensive.
2. Sam volunteered to buy tickets online for an upcoming concert for himself and his friend T'Andre. When T'Andre got sick and couldn't go he refused to pay for the ticket Sam had bought for him. Sam and T'Andre get together to talk about how they can resolve their dispute. This is an example of __________.
a. mediation
b. arbitration
c. negotiation
d. court action
3. Jaime, who is blind and uses a seeing eye dog, gets an eviction notice from her landlord, stating that she has violated the no pet rule. Jaime gets legal services to contact the landlord to help her work out a solution. This is an example of __________.
a. mediation
b. arbitration
c. negotiation
d. court action
4. Dinah was hurt in a car accident. Her attorney negotiates a settlement of $25,000. What are Dinah's options?
a. Dinah must accept the $25,000.
b. Dinah may reject the $25,000 but she will have to get a new attorney.
c. Dinah has the right to accept or reject any offer made in her case.
d. Dinah's attorney has the right to accept or reject any offer made in this case.
5. What is NOT a step in the preparation phase for negotiation?
a. develop a sincere interest in settling the problem
b. identify the conflict as clearly as possible
c. separate the demands from the interests
d. resolve to settle the conflict even if the resolution feels unfair
6. Workers and management could not agree on how much employees would pay for medical care. Their labor agreement stated that this issue would go to a person who would hold a hearing and then have the authority to decide it. This is an example of __________.
a. mediation
b. arbitration
c. negotiation
d. court action
7. Malia complained to the Better Business Bureau about one of the member stores. The store manager agreed to try to work out the problem with Malia, assisted by another person who would help both sides figure out a solution to the problem. This is called __________.
a. mediation
b. arbitration
c. negotiation
d. court action
8. Which of the following describes mediation?
a. The person listening to both sides decides how to solve the conflict.
b. Both sides reach an agreement without any outside help.
c. A neutral person sets ground rules and helps both sides list their concerns and reach a resolution.
d. Both sides have a representative to help solve the conflict.
9. Ombudspersons are mostly used in what conflict resolution process?
a. mediation
b. arbitration
c. negotiation
d. court action
10. One distinguishing feature of negotiation and mediation is that __________.
a. they focus on the past conflict
b. they focus on the future relationship between the parties
c. they involve an expert in solving the conflict
d. they use a formal process to ensure fairness
Find a news story/current event and describe how mediation may have helped in preventing excessive conflict.
Current Event/Notebook check
Ch 5 Notes:
Chapter 5: The Court System.
Trial Courts Trial courts listen to testimony from witnesses, consider evidence, and decide the facts in a dispute. In a trial, there are two parties, or sides. In a civil case, the party bringing the legal action is called the plaintiff. In a criminal trial, the government brings the case and is called the prosecutor. In both civil and criminal trials, the person who must respond to the complaint or charges is called the defendant. Defendants in both criminal and civil cases are guaranteed the right to have a jury hear and decide their case. Once the trial court has made a decision, the losing party may be able to appeal the decision to an appellate court.
Appeals Courts The losing party may ask an appeals court to review the decision made by the trial court. There are no witnesses or juries in appeals courts—the lawyers for each side appear before a group of judges to present the legal arguments. When an appeals court decides a case, it generally issues a ruling with a written opinion. This opinion sets a precedent for future cases, which means lower courts will have to follow the appellate court's interpretation of the law. This is how courts make law. However, a higher court, such as a state supreme court or the U.S. Supreme Court, has the power to reverse this precedent.
Federal and State Court Systems Many state court systems have the same structure as the federal court system. If you lose your case in a state trial court, you may be able to appeal to an intermediate court of appeals and possibly to the state supreme court. State courts can handle cases that deal with state and federal law. In contrast, the federal courts may only hear cases involving federal law or certain cases that involve parties from different states. If you lose a case in a federal district court, you can appeal to a U.S. Circuit Court of Appeals in your region. The court of final appeal is the U.S. Supreme Court.
The Supreme Court of the United States The U.S. Supreme Court establishes the most important legal precedents. All courts must follow U.S. Supreme Court decisions. There are nine Supreme Court justices. These justices are nominated by the president and confirmed with the advice and the consent of the Senate.
International Courts The United Nations established the International Court of Justice, the most important court that enforces international law. The International Criminal Court tries individuals for war crimes and other international crimes.
Ch 5 Vocab:
Trial courts – listen to testimony, consider evidence, and decide the facts.
Plaintiff – the person that brings the law suit.
Prosecutor – the attorney that represents the government in the case.
Defendant – the person on trial that is defending himself.
Adversarial system – the trial system in the US.
Inquisitional system – the trial system in some European countries.
Voir dire – selecting a jury
Removal for cause – a juror who appears to be incapable of rendering a fair decision.
Peremptory challenges – means attorneys can have prospective jurors removed without stating a cause.
Appeals court – No juries or witnesses, only attorneys present their cases.
Error of law – occurs when a judge makes a mistake as to the law applicable in a case.
Precedent – when an upper court makes a decision in a certain type of case then lower courts must follow it.
Dissenting opinion – when the supreme court justice states his/her reason for disagreeing with the majority opinion.
As legal counsel to the president, look at the following characteristics of potential Supreme Court nominees and rank them from most important to least important. EXPLAIN!!!
1. 45 yrs old
2. Hispanic American
3. Female
4. Graduated 1st in class from a top law school
5. Respected trial court judge
6. Smoked marijuana while a law professor 20 years ago
7. Believes in a woman’s right to an abortion
Chapter 5: The Court System
1. Which of these characteristics does NOT describe the adversarial legal system?
a. The trial is a contest between opposing sides.
b. The judge makes rulings on the law.
c. The judge presents and comments on the evidence.
d. The judge manages the trial.
2.Which of these characteristics does NOT describe the inquisitorial legal system?
a. The judge questions the witnesses.
b. The judge orders witnesses to appear.
c. The judge conducts searches.
d. The judge or jury determines the truth from facts presented by the opposing sides.
3.The Sixth Amendment to the U.S. Constitution requires that juries __________.
a. be provided in criminal cases in both state and federal court
b. be provided in civil cases in both state and federal court
c. consist of twelve persons in criminal cases
d. be comprised of citizens who are 18 years old and speak English
4.Trials occur __________.
a. in most criminal cases because a jury is generally able to decide guilt or innocence accurately
b. in few criminal cases because most criminals plea bargain
c. in most civil cases because judges can understand the complex issues presented by today's cases
d. in few civil cases because there is generally no right to a jury trial in civil cases
5.What is voir dire?
a. process of calling people to jury service
b. process of assigning jurors to specific cases
c. process of screening people for jury service in a particular case
d. process of removing jurors from a case because of their inability to reach a fair verdict
6.Which of the following is a characteristic of an appeals court?
a. Evidence is submitted through the proper witness.
b. Only arguments from attorneys are presented in court.
c. Witnesses give testimony under oath.
d. Juries decide the facts.
7.When the highest state court in a state makes a decision, this precedent must be followed by __________.
a. all federal trial courts in the state
b. all federal appellate courts in the state
c. the U.S. Supreme Court
d. the lower appellate and trial courts in the state
8.What type of case would likely be heard in federal court?
a. divorce between two persons who now live in different states
b. criminal case involving shoplifting
c. car accident case in which plaintiff and defendant live in different states and the plaintiff is suing for $100,000
d. probate case in which a son is claiming that his deceased father was not competent when he made his will
9.What statement is NOT true about the U.S. Supreme Court?
a. The U.S. Supreme Court hears very few cases that it is asked to review.
b. The U.S. Supreme Court accepts cases by granting petitions of certiorari.
c. The party who appeals its case to the U.S. Supreme Court is usually the winning party in the lower court.
d. If the U.S. Supreme Court decides to hear a case, the attorneys submit written briefs and make oral arguments.
10.Why is the Case of Gideon v. Wainwright important?
a. It set a new precedent for the entire country.
b. It showed that state law is paramount.
c. It showed that once precedent has been established, it cannot change.
d. It set a new precedent for the state of Florida.
Chapter Overview
Chapter 6: Lawyers
There are more than one million lawyers in the United States. Many work in private practice, while others work for the government, corporations, and public interest organizations. Some lawyers are also law professors, judges, and elected officials. Contrary to popular belief, most lawyers rarely go to court. Their practice typically involves giving advice, drafting legal opinions, negotiating settlements, or providing other out-of-court legal assistance. Lawyers act as advocates for their clients and must represent their clients' interests to the best of their ability.
When Do You Need a Lawyer? Generally, the best time to seek a lawyer is before a problem occurs. Attorneys can offer advice to help their clients avoid problems or make important decisions. It is especially wise to consult a lawyer when a question of law is involved, if a legal document needs to be drafted, or if you are involved in a legal case.
How Do You Find a Lawyer? There are many resources available to help people find a lawyer to meet their needs. The best way to find an attorney may be to ask for a recommendation from someone who has had to deal with a similar legal issue. You can also look in the telephone book, use a local lawyer referral service, or consult the Martindale-Hubbell Law Directory, which provides general information about almost every lawyer in the United States. If you cannot afford an attorney, there are some options for you. You may qualify for free legal assistance, or—if your legal problem is of interest to a public interest organization—the organization may agree to take your case free of charge. Attorneys also take some cases on a contingency fee. This means that the attorney will receive a certain percentage of any money the client wins in the case. If the client does not win the case, the lawyer does not receive any money.
Working with Your Lawyer Trust is essential to the attorney-client relationship. The law grants attorney-client privilege to encourage clients to speak openly and honestly to their attorneys. This privilege prevents a lawyer from revealing the client's information without permission. Lawyers must also follow certain standards of conduct that are enforced by the state bar association. Clients can file a malpractice lawsuit against an attorney if they believe the attorney has acted irresponsibly and mishandled the case.
Ch 6 vocab:
Retainer – a fee to hire an attorney
Contingency fee – charging an hourly fee or a lump sum.
Privilege – whatever you tell your attorney about your case is private and confidential.
Disbarred – when a lawyer is suspended, and can no longer practice law.
Chapter 6: Lawyers
1.Which statement is true about lawyers?
a. Most lawyers frequently go to court.
b. The majority of lawyers work for the federal, state, and local governments.
c. Lawyers who go to court are called litigators.
d. Criminal defense lawyers must do everything possible—ethical or unethical—to get their clients off.
2.In which situation would a person most likely NOT need a lawyer?
a. Jasmine is forming a corporation to sell her candies.
b. John caused an accident in which another person was seriously injured.
c. Val is renting an apartment for one year in an apartment building.
d. Zander has been charged with a serious felony.
3.What is the best way to find a lawyer?
a. Get a recommendation from a person who has had a similar legal problem and was satisfied with his or her lawyer.
b. Find a lawyer listed in the phone book.
c. Call the state bar association and get a referral.
d. Answer an advertisement that you see on the Internet.
4.In deciding whether to hire a lawyer, what question is NOT important to ask?
a. How much will the total charge be?
b. Do you use contingency fees?
c. Who else will be working on the case?
d. Can you guarantee that I will win my case?
5.What is a characteristic of a contingency fee arrangement?
a. The lawyer charges by the hour.
b. The lawyer earns a fee whether he or she wins or loses the case.
c. The client pays nothing except expenses if the case is lost.
d. Contingency fees are used in criminal cases.
6.What does the attorney-client privilege mean?
a. The attorney cannot reveal anything that the client tells the attorney in confidence.
b. The attorney and client cannot reveal anything that is revealed in the attorney-client interview.
c. The client cannot reveal anything that the client tells the attorney.
d. The client cannot reveal anything that the attorney tells the client.
7When a lawyer is disbarred, he or she __________.
a. must complete a negotiated number of hours of legal service free of charge
b. must pay a steep fine to avoid losing his or her license permanently
c. is banned from practicing law for five years
d. no longer has a license to practice law
8.What is a legal malpractice case?
a. a violation of the canon of ethics
b. a lawsuit brought by a client against the lawyer for a serious error that results in injury or loss
c. a complaint filed with the state bar association
d. a failure to pass the state bar examination
9.What is NOT generally a consequence for lawyers who commit a violation of the state ethical requirements?
a. imprisonment
b. disbarment
c. suspension
d. reprimand
10.Jianhong wants to sue his former employer for discrimination, but he does not have any money to pay a lawyer. What might he do?
a. The public defender's office might represent him.
b. He might find a lawyer who will agree to take the case on a contingency fee basis.
c. He might convince the judge to appoint a lawyer for him.
d. He might convince the state bar association to appoint a lawyer for him.
Current Event/Notebook check
Ch 5 Notes:
Chapter 5: The Court System.
Trial Courts Trial courts listen to testimony from witnesses, consider evidence, and decide the facts in a dispute. In a trial, there are two parties, or sides. In a civil case, the party bringing the legal action is called the plaintiff. In a criminal trial, the government brings the case and is called the prosecutor. In both civil and criminal trials, the person who must respond to the complaint or charges is called the defendant. Defendants in both criminal and civil cases are guaranteed the right to have a jury hear and decide their case. Once the trial court has made a decision, the losing party may be able to appeal the decision to an appellate court.
Appeals Courts The losing party may ask an appeals court to review the decision made by the trial court. There are no witnesses or juries in appeals courts—the lawyers for each side appear before a group of judges to present the legal arguments. When an appeals court decides a case, it generally issues a ruling with a written opinion. This opinion sets a precedent for future cases, which means lower courts will have to follow the appellate court's interpretation of the law. This is how courts make law. However, a higher court, such as a state supreme court or the U.S. Supreme Court, has the power to reverse this precedent.
Federal and State Court Systems Many state court systems have the same structure as the federal court system. If you lose your case in a state trial court, you may be able to appeal to an intermediate court of appeals and possibly to the state supreme court. State courts can handle cases that deal with state and federal law. In contrast, the federal courts may only hear cases involving federal law or certain cases that involve parties from different states. If you lose a case in a federal district court, you can appeal to a U.S. Circuit Court of Appeals in your region. The court of final appeal is the U.S. Supreme Court.
The Supreme Court of the United States The U.S. Supreme Court establishes the most important legal precedents. All courts must follow U.S. Supreme Court decisions. There are nine Supreme Court justices. These justices are nominated by the president and confirmed with the advice and the consent of the Senate.
International Courts The United Nations established the International Court of Justice, the most important court that enforces international law. The International Criminal Court tries individuals for war crimes and other international crimes.
Ch 5 Vocab:
Trial courts – listen to testimony, consider evidence, and decide the facts.
Plaintiff – the person that brings the law suit.
Prosecutor – the attorney that represents the government in the case.
Defendant – the person on trial that is defending himself.
Adversarial system – the trial system in the US.
Inquisitional system – the trial system in some European countries.
Voir dire – selecting a jury
Removal for cause – a juror who appears to be incapable of rendering a fair decision.
Peremptory challenges – means attorneys can have prospective jurors removed without stating a cause.
Appeals court – No juries or witnesses, only attorneys present their cases.
Error of law – occurs when a judge makes a mistake as to the law applicable in a case.
Precedent – when an upper court makes a decision in a certain type of case then lower courts must follow it.
Dissenting opinion – when the supreme court justice states his/her reason for disagreeing with the majority opinion.
As legal counsel to the president, look at the following characteristics of potential Supreme Court nominees and rank them from most important to least important. EXPLAIN!!!
1. 45 yrs old
2. Hispanic American
3. Female
4. Graduated 1st in class from a top law school
5. Respected trial court judge
6. Smoked marijuana while a law professor 20 years ago
7. Believes in a woman’s right to an abortion
Chapter 5: The Court System
1. Which of these characteristics does NOT describe the adversarial legal system?
a. The trial is a contest between opposing sides.
b. The judge makes rulings on the law.
c. The judge presents and comments on the evidence.
d. The judge manages the trial.
2.Which of these characteristics does NOT describe the inquisitorial legal system?
a. The judge questions the witnesses.
b. The judge orders witnesses to appear.
c. The judge conducts searches.
d. The judge or jury determines the truth from facts presented by the opposing sides.
3.The Sixth Amendment to the U.S. Constitution requires that juries __________.
a. be provided in criminal cases in both state and federal court
b. be provided in civil cases in both state and federal court
c. consist of twelve persons in criminal cases
d. be comprised of citizens who are 18 years old and speak English
4.Trials occur __________.
a. in most criminal cases because a jury is generally able to decide guilt or innocence accurately
b. in few criminal cases because most criminals plea bargain
c. in most civil cases because judges can understand the complex issues presented by today's cases
d. in few civil cases because there is generally no right to a jury trial in civil cases
5.What is voir dire?
a. process of calling people to jury service
b. process of assigning jurors to specific cases
c. process of screening people for jury service in a particular case
d. process of removing jurors from a case because of their inability to reach a fair verdict
6.Which of the following is a characteristic of an appeals court?
a. Evidence is submitted through the proper witness.
b. Only arguments from attorneys are presented in court.
c. Witnesses give testimony under oath.
d. Juries decide the facts.
7.When the highest state court in a state makes a decision, this precedent must be followed by __________.
a. all federal trial courts in the state
b. all federal appellate courts in the state
c. the U.S. Supreme Court
d. the lower appellate and trial courts in the state
8.What type of case would likely be heard in federal court?
a. divorce between two persons who now live in different states
b. criminal case involving shoplifting
c. car accident case in which plaintiff and defendant live in different states and the plaintiff is suing for $100,000
d. probate case in which a son is claiming that his deceased father was not competent when he made his will
9.What statement is NOT true about the U.S. Supreme Court?
a. The U.S. Supreme Court hears very few cases that it is asked to review.
b. The U.S. Supreme Court accepts cases by granting petitions of certiorari.
c. The party who appeals its case to the U.S. Supreme Court is usually the winning party in the lower court.
d. If the U.S. Supreme Court decides to hear a case, the attorneys submit written briefs and make oral arguments.
10.Why is the Case of Gideon v. Wainwright important?
a. It set a new precedent for the entire country.
b. It showed that state law is paramount.
c. It showed that once precedent has been established, it cannot change.
d. It set a new precedent for the state of Florida.
Chapter Overview
Chapter 6: Lawyers
There are more than one million lawyers in the United States. Many work in private practice, while others work for the government, corporations, and public interest organizations. Some lawyers are also law professors, judges, and elected officials. Contrary to popular belief, most lawyers rarely go to court. Their practice typically involves giving advice, drafting legal opinions, negotiating settlements, or providing other out-of-court legal assistance. Lawyers act as advocates for their clients and must represent their clients' interests to the best of their ability.
When Do You Need a Lawyer? Generally, the best time to seek a lawyer is before a problem occurs. Attorneys can offer advice to help their clients avoid problems or make important decisions. It is especially wise to consult a lawyer when a question of law is involved, if a legal document needs to be drafted, or if you are involved in a legal case.
How Do You Find a Lawyer? There are many resources available to help people find a lawyer to meet their needs. The best way to find an attorney may be to ask for a recommendation from someone who has had to deal with a similar legal issue. You can also look in the telephone book, use a local lawyer referral service, or consult the Martindale-Hubbell Law Directory, which provides general information about almost every lawyer in the United States. If you cannot afford an attorney, there are some options for you. You may qualify for free legal assistance, or—if your legal problem is of interest to a public interest organization—the organization may agree to take your case free of charge. Attorneys also take some cases on a contingency fee. This means that the attorney will receive a certain percentage of any money the client wins in the case. If the client does not win the case, the lawyer does not receive any money.
Working with Your Lawyer Trust is essential to the attorney-client relationship. The law grants attorney-client privilege to encourage clients to speak openly and honestly to their attorneys. This privilege prevents a lawyer from revealing the client's information without permission. Lawyers must also follow certain standards of conduct that are enforced by the state bar association. Clients can file a malpractice lawsuit against an attorney if they believe the attorney has acted irresponsibly and mishandled the case.
Ch 6 vocab:
Retainer – a fee to hire an attorney
Contingency fee – charging an hourly fee or a lump sum.
Privilege – whatever you tell your attorney about your case is private and confidential.
Disbarred – when a lawyer is suspended, and can no longer practice law.
Chapter 6: Lawyers
1.Which statement is true about lawyers?
a. Most lawyers frequently go to court.
b. The majority of lawyers work for the federal, state, and local governments.
c. Lawyers who go to court are called litigators.
d. Criminal defense lawyers must do everything possible—ethical or unethical—to get their clients off.
2.In which situation would a person most likely NOT need a lawyer?
a. Jasmine is forming a corporation to sell her candies.
b. John caused an accident in which another person was seriously injured.
c. Val is renting an apartment for one year in an apartment building.
d. Zander has been charged with a serious felony.
3.What is the best way to find a lawyer?
a. Get a recommendation from a person who has had a similar legal problem and was satisfied with his or her lawyer.
b. Find a lawyer listed in the phone book.
c. Call the state bar association and get a referral.
d. Answer an advertisement that you see on the Internet.
4.In deciding whether to hire a lawyer, what question is NOT important to ask?
a. How much will the total charge be?
b. Do you use contingency fees?
c. Who else will be working on the case?
d. Can you guarantee that I will win my case?
5.What is a characteristic of a contingency fee arrangement?
a. The lawyer charges by the hour.
b. The lawyer earns a fee whether he or she wins or loses the case.
c. The client pays nothing except expenses if the case is lost.
d. Contingency fees are used in criminal cases.
6.What does the attorney-client privilege mean?
a. The attorney cannot reveal anything that the client tells the attorney in confidence.
b. The attorney and client cannot reveal anything that is revealed in the attorney-client interview.
c. The client cannot reveal anything that the client tells the attorney.
d. The client cannot reveal anything that the attorney tells the client.
7When a lawyer is disbarred, he or she __________.
a. must complete a negotiated number of hours of legal service free of charge
b. must pay a steep fine to avoid losing his or her license permanently
c. is banned from practicing law for five years
d. no longer has a license to practice law
8.What is a legal malpractice case?
a. a violation of the canon of ethics
b. a lawsuit brought by a client against the lawyer for a serious error that results in injury or loss
c. a complaint filed with the state bar association
d. a failure to pass the state bar examination
9.What is NOT generally a consequence for lawyers who commit a violation of the state ethical requirements?
a. imprisonment
b. disbarment
c. suspension
d. reprimand
10.Jianhong wants to sue his former employer for discrimination, but he does not have any money to pay a lawyer. What might he do?
a. The public defender's office might represent him.
b. He might find a lawyer who will agree to take the case on a contingency fee basis.
c. He might convince the judge to appoint a lawyer for him.
d. He might convince the state bar association to appoint a lawyer for him.
MOCK TRIAL!!!
Include this in your opening statement: Ladies and gentlemen of the jury, your Honor, thank you for your time. I am (prosecuting or defense) attorney for this case. This case is about (brief summary of what you intend to prove) and I will prove to you that (either you are proving guilt or that your client is innocent of the charges).....
STEPS IN A U.S. TRIAL
1. Call to order by bailiff and naming the case
2. Swearing in of jury
3. Opening statement by Plaintiff
4. Opening statement by Defendant
5. Swearing in of witness (occurs with each new witness)
6. Direct examination of Plaintiff Witness #1
7. Cross examination of Plaintiff Witness #1
8. Repeat
9. Direct examination of Defense Witness #1
10. Cross examination of Defense Witness #1
11. Closing argument by Plaintiff
12. Closing argument by Defendant
13. Judge’s instructions to jury (this takes place in “jury room”)
14. Choosing jury foreperson
15. Jury deliberations
16. Jury announces decision
BURDEN OF PROOF
It is the responsibility of the prosecution in a criminal case or the plaintiff in a civil case to prove.
In a criminal case the prosecution must prove its case “beyond a reasonable doubt” in order to find the defendant guilty.
Additional Details for Trial Preparation/Explanation of Trial Requirements:
I) Opening Statements:
II) Your opening statement is your opportunity as counsel to inform the judge and jury about the nature of the case, the basic issues in question, and to outline what they *expect* the evidence to show at trial. Opening statements should *not* be used to argue your case, but simply to lay out how you expect the trial to proceed, and how you expect the witnesses (both yours and opposition witnesses) to testify. You may attempt to discredit opposing witnesses if you like, but be very careful ... if you make statements in your opening that are not backed up by the actual evidence let in at trial, juries tend to be skeptical of your overall case. It is usually better policy simply to present the situation you expect to be shown in court in a way that will strengthen your case in the eyes of the jury.
Conclude your opening statement by letting the jury know that at the conclusion of the case, you will be asking them to find for your client's side (by briefly stating what you hope they will determine).
II) Direct Examination:
Direct examination means that you are calling a witness that you believe has important evidence to help your side. Because you are calling the witness, the witness is considered "friendly" to your side.
When you examine a witness during direct examination, your questions must be open-ended in nature.
Some examples of acceptable direct examination questions are:
- "So, what did you do next?"
- "Did you hear anything?"
III) Cross-Examination:
When you question the opposing witnesses:
An example of a question suggesting a specific response is:
- "When you went to bed, you heard a noise in the backyard, right?"
IV) Redirect Examination:
Redirect examination is subject to the same restrictions as direct examination. In addition, redirect examination is limited to questions regarding information that counsel questioned the witness on during cross-examination.
V) Closing arguments:
At this stage, the counsel provides a summary of the facts presented in the case, and how the law (and in our case, ethics) applies to the facts.
The basic purpose of the closing argument is to remind the jury why the facts presented mean that you should win the case.
1. Call to order by bailiff and naming the case
2. Swearing in of jury
3. Opening statement by Plaintiff
4. Opening statement by Defendant
5. Swearing in of witness (occurs with each new witness)
6. Direct examination of Plaintiff Witness #1
7. Cross examination of Plaintiff Witness #1
8. Repeat
9. Direct examination of Defense Witness #1
10. Cross examination of Defense Witness #1
11. Closing argument by Plaintiff
12. Closing argument by Defendant
13. Judge’s instructions to jury (this takes place in “jury room”)
14. Choosing jury foreperson
15. Jury deliberations
16. Jury announces decision
BURDEN OF PROOF
It is the responsibility of the prosecution in a criminal case or the plaintiff in a civil case to prove.
In a criminal case the prosecution must prove its case “beyond a reasonable doubt” in order to find the defendant guilty.
Additional Details for Trial Preparation/Explanation of Trial Requirements:
I) Opening Statements:
II) Your opening statement is your opportunity as counsel to inform the judge and jury about the nature of the case, the basic issues in question, and to outline what they *expect* the evidence to show at trial. Opening statements should *not* be used to argue your case, but simply to lay out how you expect the trial to proceed, and how you expect the witnesses (both yours and opposition witnesses) to testify. You may attempt to discredit opposing witnesses if you like, but be very careful ... if you make statements in your opening that are not backed up by the actual evidence let in at trial, juries tend to be skeptical of your overall case. It is usually better policy simply to present the situation you expect to be shown in court in a way that will strengthen your case in the eyes of the jury.
Conclude your opening statement by letting the jury know that at the conclusion of the case, you will be asking them to find for your client's side (by briefly stating what you hope they will determine).
II) Direct Examination:
Direct examination means that you are calling a witness that you believe has important evidence to help your side. Because you are calling the witness, the witness is considered "friendly" to your side.
When you examine a witness during direct examination, your questions must be open-ended in nature.
Some examples of acceptable direct examination questions are:
- "So, what did you do next?"
- "Did you hear anything?"
III) Cross-Examination:
When you question the opposing witnesses:
An example of a question suggesting a specific response is:
- "When you went to bed, you heard a noise in the backyard, right?"
IV) Redirect Examination:
Redirect examination is subject to the same restrictions as direct examination. In addition, redirect examination is limited to questions regarding information that counsel questioned the witness on during cross-examination.
V) Closing arguments:
At this stage, the counsel provides a summary of the facts presented in the case, and how the law (and in our case, ethics) applies to the facts.
The basic purpose of the closing argument is to remind the jury why the facts presented mean that you should win the case.
Famous and not so Famous Criminals
1. Ted Bundy
2. John Wayne Gacy
3. Jeffrey Dahmer
4. Ken McDuff
5. Darlie Routier
6. Karla Faye Tucker
7. Aileen Wuornos
8. Ed Gein
9. Donald "Pee Wee" Gaskins
10. Scott Peterson
11. Andrea Yates
12. Dennis Rader "BTK Killer"
13. Richard Ramirez
14. Ted Kaczynski
15. Philip Markoff
16. Henry Lee Lucas
Ch 12 Vocab:
arrest
arrest warrant
probable cause
corroborate
reasonable suspicion
stop and frisk
exclusionary rule
contraband
racial profiling
interrogate
self-incrinination
arrest
arrest warrant
probable cause
corroborate
reasonable suspicion
stop and frisk
exclusionary rule
contraband
racial profiling
interrogate
self-incrinination
FULL TEXT OF THE
FOURTH
AMENDMENT
The right of the people to be secure in their persons, houses, papers, and
effects, against unreasonable searches and seizures, shall not be violated, and
no Warrants shall issue, but upon probable cause, supported by Oath or
affirmation, and particularly describing the place to be searched, and the
persons or things to be seized.
Part Two
QUICK REVIEW – THE CONSTITUTIONAL TEXT
What does the Fourth Amendment protect?:
"Persons,"
"Houses,"
"Papers," and
"Effects."
Think about the answer you just gave – what does
"persons" really mean? Quickly, let’s review the difficulties in interpreting
the constitutional text.
Regarding "persons" – what about a person’s clothes?
(yes), how about the wallet they are carrying? (yes), how about a person’s blood
or bodily fluid? (yes).
Regarding "houses" – what about an apartment? (yes), your
front porch? (probably), a mobile home? (maybe depending on whether it is being
used as a home or a car).
Regarding "papers" – what about a diary? (yes), a book in
your house? (yes), your email? (probably not), your IM text messages? (probably
not).
Regarding "effects" – what about your backpack? (yes),
your ipod? (yes), your collection of comics? (yes).
These questions of interpretation are the questions
lawyers and judges argue over to determine the meaning of the Constitution.
Should the protections of the Fourth Amendment be limited
to just those four categories?
Who does the Fourth Amendment protect?: "
The right of the people"
-- All those who live under the protections of the Constitution. Does that
include "citizens"? (yes). Does that include children under 18? (yes). How about
undocumented immigrants? (yes).
What does the Fourth Amendment protect those people from? "
Against unreasonable searches or seizures"
by the government. In determining what is an "unreasonable" search or seizure,
courts look to balance individual liberty within the need to keep an ordered
society. Figuring out what is reasonable or unreasonable is one of the central
challenges of the Fourth Amendment.
What does it mean to be "seized?" The
key is that you are not free to leave where you are detained – if you can end
the conversation and walk away, then you aren’t "seized." (Or in the context of
property, that you are not free to take your property back.) Police put the
cuffs on you, put you in the squad car, take you down to be booked – that’s the
easy one. But there are other ways you can be seized:
And "seizure" applies to your property as well as to your
person – e.g., freezing the money in your bank account,
towing your car to the impoundment lot, etc.
What about justified intrusions by the government? The second part of the
Fourth Amendment talks about "
no warrants shall issue, but upon probable
cause." A warrant is a formal document signed by a judge that allows police to search or arrest you.
Warrants allow law enforcement officers who have reason to suspect you
("probable cause") to ask a judge for permission to interfere with your privacy.
Thus, if a warrant is supported by enough specific information, the government
can search you, or your house, or even arrest you.
What does it mean to have "probable cause?"
"Probable cause" means that the facts and
circumstances would convince a reasonable person that a crime has been or is
being committed. This is not enough proof to actually find someone guilty if
they were charged with a crime and brought to trial. It’s just enough proof to
justify intruding on privacy to continue the investigation.
How does this work in the setting of the public schools?
Students do not give up all of their Fourth Amendment
rights, even when they are on school grounds during the school day.
But the courts have recognized a reduced burden on the government to
justify a search of a student’s person or possessions at school.
The Supreme Court set out the ground rules for when schools can search
students in 1985 in a case called
New Jersey v. T.L.O. In the T.L.O. case, the Supreme Court said that a school can
search a student’s person or possessions if there is at least a "reasonable
suspicion" that the student will have drugs or weapons or some other contraband
items. And in that case, there was a reasonable suspicion for searching the
student’s purse for cigarettes, because she and one of her friends were caught
smoking in the bathroom.
REASONABLE SUSPICION is not the same as PROBABLE CAUSE.
You can have a reasonable suspicion even if you are not convinced there has been
a crime committed. Reasonable suspicion means that a person in the police
officer’s position, knowing the information that is available to him, could
reasonably believe that a crime has been committed or is about to be committed.
It’s not just a hunch, it has to be backed up by some evidence, but less than
what you’d need for probable cause.
"Reasonable suspicion" is also the standard if the police
want to make a brief stop, like a traffic stop, where they detain you for a few
minutes for questioning but haven’t yet placed you under arrest.
DISCUSS – why reduce the burden in schools? Do you agree?
Are there other places, like airports, where it also makes sense to give the
government more leeway to search people and property?
The key question in a search of a student’s person or belongings on school
property will be REASONABLENESS – and the keys to reasonableness are:
Is the item that the school is searching for something
really dangerous?
How reliable is the information?
How badly was the person’s privacy invaded?
EXAMPLE: Just last year (2009), the Supreme Court decided
in Safford
v. Redding that it was NOT reasonable to make a 13-year-old
middle school student undress so she could be searched for Tylenols based on one
student’s unconfirmed tip. The drug was not all that dangerous, the information
was not very detailed, and the intrusion on the student’s privacy was severe.
OPTIONAL DISCUSSION POINT: The Safford case was
about a strip-search – the most intrusive type of search. Under what
circumstances, if ever, do you think a school can constitutionally make a person
undress to be searched? What types of measures could a school take that might
make the search less intrusive so that it might be constitutional?
EXERCISE – The Fourth Amendment and Your Things in Class Right Now
What does the Fourth Amendment really mean to you right now in class
and in school, generally?
As you sit in class you are carrying your "effects." You have personal
belongings in your pocket, purse, or backpack – essentially your stuff. What
right do you have to keep your stuff private? Does it change depending on where
you are (home, school, courtroom, airplane)? Does it change depending on what it
is that you are trying to keep private? That’s the question and the challenge of
the Fourth Amendment.
Make a list of all of the items you currently have or could have in class
right now. Hold up an "effect" you have in your possession. These items might
include: Books,Notes,Cell phone and the phone numbers therein, Keys, Wallets, ID Cards, Medicines, make up,
purses, religious materials, notes, grades.
These are your "effects" (although some are arguably "papers"). We know you
are in school, and the question is: Does the Constitution protect these
"effects" from unreasonable searches or seizures without a warrant based on
probable cause?
The answer depends on whether you have a "reasonable expectation of privacy"
in the items. In most Fourth Amendment cases, the question will be whether that
"reasonable expectation" was violated by the unreasonable actions of government
agents or officials.
Exercise Analysis: A "Reasonable Expectation of Privacy"
So what is a "reasonable expectation of privacy"? There are two parts to the
analysis.
1. First, do you actually expect privacy in your effects that you bring with
you to school?
a. The answer is usually yes, you expect to keep the things you want private
to remain private. If you come to school with a closed and locked backpack, it
is reasonable to think that you hoped to keep the contents of the backpack from
others.
b. Would it be less reasonable if you carried the same things in a clear, see
through plastic bag?
c. Go through the list you wrote of your effects. Do you expect those things
to remain private? Why?
2. Second, is this expectation of privacy one that others agree is
reasonable?
a. This is usually the more difficult question. Does the larger society (your
class) agree that the medicine in your purse, or religious materials in your
wallet should remain private.
b. Are there other interests government officials (public school
administrators, teachers, police) have in maintaining an orderly and safe school
environment?
c
. For example, even if you wanted to keep the things private in your
backpack, if there is a clear school rule that requires all bags and backpacks
to be opened to search for weapons, your personal desire that things would
remain private is not really a reasonable one. You know that it will be opened
if the school just follows its own rules.
d. Go through the list of effects again, and ask each other if you think
that everyone would agree that certain things deserve more privacy than
others…(Medicine? Personal notes? Etc.)
Exercise Application:
Take one of the "effects" that you have in class right now (for example a
notebook). Imagine that a police officer comes in and wants to read the
notebook.
1. First question: Do you the student who owns the notebook expect that what
you wrote will remain private?
2. Second question: Do you – the class – think that what is written is
reasonable to keep private? Why?
a. What are the values that are important in keeping the notebook private?
(Privacy, autonomy, creativity, individuality, freedom etc.).
b. On the other side, what are the reasons a police officer might want to
read it? (to find evidence of a crime, to find reasons to suspect you, think
about the notebooks just released by the Columbine massacre students, what if
there was a concern about violence in the schools?).
c. If the police do not have any real reason to suspect you, should you have
a reasonable expectation of privacy?
3. What if it isn’t a police officer, but your teacher? your parent/guardian?
When can the police search without a warrant?
With the person’s CONSENT
And that can get confusing – sometimes more than one
person has the power to consent. Can you think of examples?
Roommates in an apartment
A couple that owns a house together
Renter who is renting the apartment and the landlord (sometimes, depending
on circumstances)
Guest in a hotel and the owner of the hotel
When it’s necessary to protect the officer’s safety – sometimes known as a
"stop and frisk," when police are questioning a person who is not yet "seized,"
but they want to make sure the person isn’t armed.
When you’ve already been "seized" based on valid grounds for seizure, then
the police can search you and your belongings.
Police tow your car to the police department lot after
they’ve arrested you – they can look all over the car, even the trunk and glove
box.
Police can empty your pockets when they take you to the
jail.
When evidence is in PLAIN VIEW, so that it is immediately obvious what it
is – for instance, a transparent plastic bag of drugs that a person leaves
sitting on the passenger seat of his car.
When there are "EXIGENT CIRCUMSTANCES" – sometimes the law recognizes that
the police have to make snap decisions because the decision is so urgent or so
time-sensitive. Examples:
The evidence is about to be destroyed –
e.g., police hear a person through the hotel room
door yelling, "The cops are coming – get rid of the drugs!" and then hear the
toilet flushing.
"Hot pursuit" – e.g., if a suspect is being chased, runs into an
apartment and slams the door, the police don’t have to wait outside until they
can get a court order.
THE VERNONIA CASE: DRUG TESTING OF ATHLETES
INSTRUCTIONS: The full text of the Supreme Court’s 1995
Vernonia School District v. Acton is too
long to hand out for reading in class – edited excerpts of both the Scalia
majority and the O’Connor dissent follow.
Hand out the excerpts and give a brief setup and summary of the case.
Explain that there was a majority opinion and a dissenting opinion.
Vernonia School District 47J v. Acton, 515 U.S.
646 (1995) was a U.S. Supreme Court decision which upheld the constitutionality of random drug testing regimen
implemented by the local public schools in Vernonia, Oregon. Under that regimen, student
athletes were required to submit to random drug testing before being allowed to
participate in sports. During the season, 10% of all athletes were selected at
random for testing. The Supreme Court held that although the tests were searches
under the Fourth Amendment, they were reasonable in light
of the schools' interest in preventing teenage drug use.
Divide the class in half – the majority and the dissenters. Explain to them
that they’re going to be asked to defend that justice’s decision, not their own
views.
Give the students 10-15 minutes to review their side of the case (and if
they have time, the other side) and formulate their thoughts. Encourage them to
mark or highlight the main points of argument on each side as they read.
Ask each side to address – from the perspective of their Justice, Scalia or
O’Connor – the following set of questions and make the best argument for why
that side is right:
(1) Should a school be able to test every athlete and to randomly test a
sampling of athletes (the Scalia position) or should there have to be some
grounds for suspicion that a specific athlete is a drug user before making him
or her take the test (the O’Connor position)?
(2) Does it make sense to single out athletes for this extra scrutiny? Does
it matter that student-athletes perhaps already give up some privacy?
(3) Suppose Vernonia School District comes back next week and decides that
its policy will be to use the very same drug-testing system for elected members
of the school’s Student Government as well? Make your best argument as to why
that rule would or would not violate the Fourth Amendment.
As the students are "deliberating," move about the groups to keep the
conversation on-task and to prompt it along with discussion points, and be
prepared to answer additional questions (it may be a good idea to review the
entire case at 515 U.S. 646 in preparation for the class). Think about what
additional facts might push the decision in one direction or another, and what
facts you could supply to make for a more difficult decision –
e.g., if there were no documented evidence of
disorder linked by school authorities to drugs, if there were no evidence that
athletes used drugs any more often than anyone else, if the tests were
videotaped and the tapes were available for any school employee to look
at.
STREET LAW LESSON PLAN
Psychology professor Donald Strassberg at the University of Utah surveyed 600-plus students from a private high school and found:
YOUR NAME: Maney
LESSON: Sexting
SOURCE: Original
I. GOALS:
Introduce the concept and dangers of sexting
Learn the elements of child pornography and bullying laws in Washington
Improve advocacy skills
II. OBJECTIVES:
A. Knowledge Objectives – As a result of this class, students will be better able to:
1. Understand the legal ramifications of sexting
2. Understand the elements of Texas child pornography and bullying laws
3. Understand the consequences of being labeled a “sex offender”
B. Skills Objectives - As a result of this class, students will be better able to:
1. Voice their opinions about which crimes to charge and appropriate punishments
2. Read and interpret elements of a crime
3. Advocate for their own interests
C. Attitude Objectives - As a result of this class, students will be better able to feel:
1. That certain things teenagers do, even if they may seem harmless, could get them in trouble with the law
2. Empathy with the victim in sexting cases
3. Empathy with the “offenders” in sexting cases
4. Concerned that legal consequences may not always match up with the crime committed
III. MATERIALS AND PREPARATION:
Handouts with scenarios on them
IV. CLASSROOM METHODS
1.
a. Collect homework.
b. Tell the class that we are going to be talking about “sexting” today. Explain that although this is kind of a racy topic, we need to take it seriously for class today. Remind them to respect each other and to express their thoughts about the subject honestly.
c. Ask the students how they would define sexting.
d. Read the students the definition of sexting. Explain to them that this definition seems quite limited but that it is likely to expand as technology increases.
Definition of sexting: The act of sending sexually explicit messages or photos electronically, primarily between mobile phones.
e. Lecture about the dangers of sexting
a. Ask the students if they can think of anything could go wrong from sending nude photos to someone else.
i. They could be forwarded to people the sender didn’t know would see them
ii. Parents and teachers could see them
iii. Embarrassment
iv. Friendships could be ruined
v. Emotional difficulty once other people see your nude photos
b. Show clip about the dangers of sexting. This clip includes the story of the teenage girl who killed herself after her nude photo was forwarded around school. It also includes a boy who was convicted of distributing child pornography when he e-mailed his girlfriend’s nude photo, and it discusses all the hardships he has encountered with having to register as a sex offender. (show from beginning until 3:08)
http://vimeo.com/23842300
http://www.mtv.com/news/articles/1631759/how-can-avoid-sexting-dangers.jhtml
http://www.metacafe.com/watch/2919558/john_walsh_dangers_of_teen_sexting/
c. Ask class to recap some of the consequences of being convicted of distributing child pornography, especially with being labeled as a sex offender
i. Hard to find a place to live that is not close to a school or other prohibited place
ii. May have to leave the home if a sibling is a minor
iii. Social stigma- people assume sex offenders are rapists, pedophiles, etc
iv. Hard to find work
v. Have to take classes, continue to register, constantly monitored
d. Ask the class if the punishment the boy in the video received fit his crime.
f. Lecture about child pornography and bullying laws
a. Ask the students if they think distributing nude photos of a classmate should be considered a sex offense or if it should maybe fit under the anti-bullying law.
g. Class Activity
a. Split the class into small groups. Explain to them that they will be receiving a piece of paper with a story on it (there are two stories, divide between the groups). Tell them they will first read the paper carefully to themselves. Tell them that after that, they will talk with the other group members about the answers to the questions following the scenario. While they are reading, display the possible punishments the people in the scenarios could receive.
b. Reconvene the class. Read the scenario from the first group aloud to the class. Have 1 person from the group play the role of Margarite, 1 person play the prosecutor, and the others will be people who sent out her picture. Have her tell the other group members how she is feeling about it. Have 1 person play the prosecutor and tell the offenders what they will be charged with and what their punishment will be. The offenders will then tell their side of the story and advocate for what their punishment should be. When they are finished, the members of the other group will say what they think Margarite and the others should be charged with.
c. Tell the students the actual result of the case.
i. Result: Margarite was not charged with anything. Prosecutors thought of her a victim and assumed she had already learned her lesson. Meghan and Isaiah were initially charged with disseminating child pornography, a class C felony, but the kids took a deal and were convicted of telephone harassment, a gross misdemeanor. They will have to create public service material about the hazards of sexting, attend a session with Margarite to talk about what happened and otherwise have no contact with her.
ii. Case 2 has still not been decided.
Scenario 1:
Margarite and Isaiah, both 14 years old and in 8th grade, dated for a couple months. While they were dating, Margarite took a picture of herself on her cell phone, standing nude in front of her bathroom mirror. She “sexted” this photo to Isaiah. Soon after, they broke up. Isaiah forwarded this picture to Meghan, a classmate who used to be friends with Margarite. Meghan forwarded the picture to all of her contacts on her phone with a text message that read, “Ho alert! If you think this girl is a whore, then text this to all your friends”.
That night, Margarite started receiving text messages from concerned friends and from boys making rude sexual comments.
What should Isaiah and Meghan be charged with? What about Margarite? What is a fair punishment?
____________________________________________________________________________________
Scenario 2
Three 15 year old girls sent nude photos of themselves over cell phone to three 17-year old boys in their school. When one of the male students was using his cell phone in school, against school rules, school officials seized his phone and found the photos.
What should these teens be charged with?
What is a fair punishment?
Psychology professor Donald Strassberg at the University of Utah surveyed 600-plus students from a private high school and found:
- 20% of teens as young as 14 have texted a sexually explicit image of themselves
- 40% have received sexual images and 25% of that group forwarded those images, and
- About 33% sent sexual images knowing they could face legal consequences if caught.
YOUR NAME: Maney
LESSON: Sexting
SOURCE: Original
I. GOALS:
Introduce the concept and dangers of sexting
Learn the elements of child pornography and bullying laws in Washington
Improve advocacy skills
II. OBJECTIVES:
A. Knowledge Objectives – As a result of this class, students will be better able to:
1. Understand the legal ramifications of sexting
2. Understand the elements of Texas child pornography and bullying laws
3. Understand the consequences of being labeled a “sex offender”
B. Skills Objectives - As a result of this class, students will be better able to:
1. Voice their opinions about which crimes to charge and appropriate punishments
2. Read and interpret elements of a crime
3. Advocate for their own interests
C. Attitude Objectives - As a result of this class, students will be better able to feel:
1. That certain things teenagers do, even if they may seem harmless, could get them in trouble with the law
2. Empathy with the victim in sexting cases
3. Empathy with the “offenders” in sexting cases
4. Concerned that legal consequences may not always match up with the crime committed
III. MATERIALS AND PREPARATION:
Handouts with scenarios on them
IV. CLASSROOM METHODS
1.
a. Collect homework.
b. Tell the class that we are going to be talking about “sexting” today. Explain that although this is kind of a racy topic, we need to take it seriously for class today. Remind them to respect each other and to express their thoughts about the subject honestly.
c. Ask the students how they would define sexting.
d. Read the students the definition of sexting. Explain to them that this definition seems quite limited but that it is likely to expand as technology increases.
Definition of sexting: The act of sending sexually explicit messages or photos electronically, primarily between mobile phones.
e. Lecture about the dangers of sexting
a. Ask the students if they can think of anything could go wrong from sending nude photos to someone else.
i. They could be forwarded to people the sender didn’t know would see them
ii. Parents and teachers could see them
iii. Embarrassment
iv. Friendships could be ruined
v. Emotional difficulty once other people see your nude photos
b. Show clip about the dangers of sexting. This clip includes the story of the teenage girl who killed herself after her nude photo was forwarded around school. It also includes a boy who was convicted of distributing child pornography when he e-mailed his girlfriend’s nude photo, and it discusses all the hardships he has encountered with having to register as a sex offender. (show from beginning until 3:08)
http://vimeo.com/23842300
http://www.mtv.com/news/articles/1631759/how-can-avoid-sexting-dangers.jhtml
http://www.metacafe.com/watch/2919558/john_walsh_dangers_of_teen_sexting/
c. Ask class to recap some of the consequences of being convicted of distributing child pornography, especially with being labeled as a sex offender
i. Hard to find a place to live that is not close to a school or other prohibited place
ii. May have to leave the home if a sibling is a minor
iii. Social stigma- people assume sex offenders are rapists, pedophiles, etc
iv. Hard to find work
v. Have to take classes, continue to register, constantly monitored
d. Ask the class if the punishment the boy in the video received fit his crime.
f. Lecture about child pornography and bullying laws
a. Ask the students if they think distributing nude photos of a classmate should be considered a sex offense or if it should maybe fit under the anti-bullying law.
g. Class Activity
a. Split the class into small groups. Explain to them that they will be receiving a piece of paper with a story on it (there are two stories, divide between the groups). Tell them they will first read the paper carefully to themselves. Tell them that after that, they will talk with the other group members about the answers to the questions following the scenario. While they are reading, display the possible punishments the people in the scenarios could receive.
b. Reconvene the class. Read the scenario from the first group aloud to the class. Have 1 person from the group play the role of Margarite, 1 person play the prosecutor, and the others will be people who sent out her picture. Have her tell the other group members how she is feeling about it. Have 1 person play the prosecutor and tell the offenders what they will be charged with and what their punishment will be. The offenders will then tell their side of the story and advocate for what their punishment should be. When they are finished, the members of the other group will say what they think Margarite and the others should be charged with.
c. Tell the students the actual result of the case.
i. Result: Margarite was not charged with anything. Prosecutors thought of her a victim and assumed she had already learned her lesson. Meghan and Isaiah were initially charged with disseminating child pornography, a class C felony, but the kids took a deal and were convicted of telephone harassment, a gross misdemeanor. They will have to create public service material about the hazards of sexting, attend a session with Margarite to talk about what happened and otherwise have no contact with her.
ii. Case 2 has still not been decided.
Scenario 1:
Margarite and Isaiah, both 14 years old and in 8th grade, dated for a couple months. While they were dating, Margarite took a picture of herself on her cell phone, standing nude in front of her bathroom mirror. She “sexted” this photo to Isaiah. Soon after, they broke up. Isaiah forwarded this picture to Meghan, a classmate who used to be friends with Margarite. Meghan forwarded the picture to all of her contacts on her phone with a text message that read, “Ho alert! If you think this girl is a whore, then text this to all your friends”.
That night, Margarite started receiving text messages from concerned friends and from boys making rude sexual comments.
What should Isaiah and Meghan be charged with? What about Margarite? What is a fair punishment?
____________________________________________________________________________________
Scenario 2
Three 15 year old girls sent nude photos of themselves over cell phone to three 17-year old boys in their school. When one of the male students was using his cell phone in school, against school rules, school officials seized his phone and found the photos.
What should these teens be charged with?
What is a fair punishment?
NAME: Maney
LESSON: Search & Seizure through a “Jigsaw” Case Study
SOURCE: Fourth Amendment; Kyllo v. United States, 533 U.S. 27 (2001); Florida v. Riley,488 U.S. 445 (1989); California v. Greenwood, 486 U.S. 35 (1988); Greenwood case summary adapted from “The Case of Billy Greenwood.”
I. GOALS - Studying search and seizure law.
A. Understand the Fourth Amendment’s privacy protections
B. Be able to define when a Fourth Amendment search has occurred
C. Step into the role of the Supreme Court through applying a given legal standard (“reasonable expectation of privacy”) to a set of facts to arrive at a conclusion, then comparing prediction to the case’s actual result
D. Stay engaged and accountable in reaching the above goals
II. OBJECTIVES
A. Skills – As a result of this class, students will be better able to:
1. Develop critical thinking skills through analyzing hypotheticals
2. Identify the key facts in a given case
3. Apply a given legal standard to facts to predict the outcome
4. Identify reasons for and against a particular outcome in a case
5. Share opinions in a clear, concise, and respectful manner
6. Listen attentively to be able to summarize and report on the arguments made by others
B. Attitude – As a result of this class, students will be better able to feel:
1. The study of our constitutional rights can be interesting
2. The study of our constitutional rights is applicable to situations that we can readily envision
3. Knowledge of the law can help us protect our own rights, such as the right to privacy
4. Because laws are open to different interpretations and applications, different perspectives enhance our understanding of what the “law” is
5. Respecting and understanding others’ viewpoints is instrumental to the learning process
FOURTH AMENDMENT TO THE UNITED STATES CONSTITUTION
The 4th Amendment says:
“The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
The Supreme Court has said searches and seizures are unreasonable if:
(1) the individual "has exhibited an actual (subjective) expectation of privacy," and
(2) society is prepared to recognize that this expectation is (objectively) reasonable, then there is a right of privacy in the given circumstance.
This means a search is an intrusion by the government into a place where you have a reasonable expectation of privacy.
THE FOURTH AMENDMENT BANS:
· UNREASONABLE SEARCHES AND SEIZURES· BY THE GOVERNMENT· OF AREAS THAT FALL WITHIN AN EXPECTATION OF PRIVACY…
· THAT IS LEGITIMATE (or REASONABLE). General Rule: Searches (and seizures) without a warrant are unreasonable unless the search falls within an exception to the warrant requirement. We will cover exceptions to the warrant requirement another day.
(California v. Greenwood was a case decided by the United States Supreme Court in 1988.)
Billy Greenwood lived in Laguna Beach, California. Early in 1984, police there received information that Greenwood was a drug dealer. The information came from a federal drug enforcement agent who had been told by a criminal suspect that a large shipment of narcotics was on its way to Greenwood’s house in a truck. In addition, one of Greenwood’s neighbors complained to police of a large number of vehicles passing through the neighborhood late and night and stopping briefly at the Greenwood residence. The police watched Greenwood’s house and verified what the neighbor had said. Police saw a truck leave the house and followed it to another residence that they had previously investigated as a drug dealing location. The police did not believe that they could get a search warrant without further evidence, however. The criminal informant was not seen as reliable.
On April 6, 1984, a police investigator who had been working on the case for several months asked the trash collector in Greenwood’s neighborhood to pick up the opaque, sealed trash bags that Greenwood placed on the curb in front of his house and to give her the bags without mixing their contents with refuse from other houses. The trash collector complied with this request. When the investigator searched through Greenwood’s trash, she found items related to use of narcotics. She used this information to obtain a search warrant to search Greenwood’s home, where they discovered quantities of cocaine and hashish. Greenwood and another person were arrested on felony narcotics charges.
Greenwood’s lawyer argued that the search of Greenwood’s trash was unconstitutional and that the evidence obtained from the trash search and the later search of the house should be excluded from the trial court. He said that police would not have had probable cause for a warrant to search his house if they had not first obtained evidence illegally by searching his trash. Greenwood also said that the trash collector was acting as an agent of the police and at the request of the police when he singled out Greenwood’s trash from other trash.
The State of California argued that Greenwood’s trash was collected on the street where it had been left for the trash collector. Under these circumstances Greenwood had left his trash in plain sight and had no reason to expect that his trash would remain private. Therefore, the State of California claimed that its case against Greenwood was valid and so was the evidence.
Unless an established exception applies, the Fourth Amendment requires the government to have a warrant in order to conduct a search or seize evidence. Was the trash search involved in this case a Fourth Amendment “search” that required a warrant?
4TH AMENDMENT FACTOR
YOUR RESPONSE
UNREASONABLE SEARCH OR SEIZURE?
Yes (no recognized exception).
BY THE GOVERNMENT?
OF AN AREA THAT FALLS WITHIN AN EXPECTATION OF PRIVACY?
THAT IS LEGITIMATE (or REASONABLE)?
Greenwood Holdings
4TH AMENDMENT FACTOR
YOUR RESPONSE
UNREASONABLE SEARCH OR SEIZURE?
Yes, it was a search of Greenwood’s trash and did not fall within a recognized exception.
BY THE GOVERNMENT?
Yes. Because the trash collector was instructed to deliver Greenwood’s garbage to the police, the trash collector was acting as a gov’t agent.
OF AN AREA THAT FALLS WITHIN AN EXPECTATION OF PRIVACY?
Yes: Greenwood claimed, and the gov’t did not contest, that he expected his trash to go to the dump without being searched.
THAT IS LEGITIMATE (or REASONABLE)?
No, not according to the court. The fact that his trash was placed outside his home, on the curb, where any person or animal could get into it meant his expectation of privacy was not reasonable.
(Kyllo v. United States was a case decided by the United States Supreme Court in 2001.)
In 1991, a federal agent came to suspect that an individual named Danny Lee Kyllo was growing marijuana in his home. Indoor marijuana growth typically requires the use of high-intensity lamps. Early one morning in January 1992, the federal agent and his partner parked outside of Kyllo’s home armed with a thermal-imaging device. A thermal-imaging device can detect relative amounts of infrared radiation; virtually all objects emit such radiation, even though it is not visible to the naked eye. At the time, these devices were used by law enforcement but not by the public. From their car across the street, the federal agents used the thermal-imaging device to scan Kyllo’s home. The imager converted the radiation from the home into images based on relative degrees of warmth – black was cool, white was hot, and shades of gray indicated other differences in heat. In that respect, the imaging device operated somewhat like a video camera showing heat images. The agents’ scan of Kyllo’s home took only a few minutes. It showed that the roof over the garage and a side wall of Kyllo’s home were relatively hot compared to the rest of the home. Also, his home was substantially warmer than neighboring homes. Based on the scan, the federal agents concluded that Kyllo was using high-intensity lamps to grow marijuana in his home. The information from the thermal-imaging scan contributed to a judge’s decision to issue a warrant to search the inside of Kyllo’s home. The agents who searched the home found more than 100 marijuana plants inside. Kyllo was charged with one count of manufacturing marijuana in violation of a federal law. At his trial, he asked the district court to suppress the marijuana evidence because the agents had conducted the thermal-imaging scan without a warrant. He argued that the thermal-imaging scan itself was a search.
Unless an established exception applies, the Fourth Amendment requires the government to have a warrant in order to conduct a search or seize evidence. Was the thermal-imaging scan of Kyllo’s home a Fourth Amendment “search” that required a warrant?
4TH AMENDMENT FACTOR
YOUR RESPONSE
UNREASONABLE SEARCH OR SEIZURE?
Yes (no recognized exception).
BY THE GOVERNMENT?
OF AN AREA THAT FALLS WITHIN AN EXPECTATION OF PRIVACY?
THAT IS LEGITIMATE (or REASONABLE)?
Kyllo Holdings
4TH AMENDMENT FACTOR
YOUR RESPONSE
UNREASONABLE SEARCH OR SEIZURE?
Yes, it was a search of the home for heat levels and did not fall within a recognized exception.
BY THE GOVERNMENT?
Yes, explicitly by federal government agents.
OF AN AREA THAT FALLS WITHIN AN EXPECTATION OF PRIVACY?
The resident probably did not expect anyone to test their walls for heat, so they expected privacy.
THAT IS LEGITIMATE (or REASONABLE)?
The court held that the fact that thermal imaging equipment is not in public use [and/or because it could be argued that it invades the interior of the home] meant that Kyllo’s expectation of privacy from this type of intrusion was reasonable.
(Florida v. Riley was a case decided by the United States Supreme Court in 1989.)
In August of 1984, Deputy Kurt Gell, a police officer with Florida’s Pasco County Sheriff's Office received an anonymous tip that Michael A. Riley was growing marijuana on his five acres of rural land. Deputy Gell examined the area on foot and found a greenhouse located 10-20 feet behind a mobile home. The home and greenhouse were surrounded by a fence, and the only two sides of the greenhouse that were not enclosed were hidden by trees and the mobile home. A wire fence surrounding the mobile home and the greenhouse was posted with a “DO NOT ENTER” sign. In order to see what the greenhouse contained, Deputy Gell flew a helicopter over the property at an altitude of approximately 400 feet. The greenhouse was covered by corrugated roofing panels, some translucent and some opaque. At the time, two of the panels, amounting to approximately 10% of the roof area, were missing. As such, Gell was able to see inside, and he identified the plants inside the greenhouse as marijuana plants. Although Gell took pictures of the greenhouse, he testified that he was able to see inside the greenhouse and identify the plants as marijuana with his naked eye. No other details of the inside of the home were observed, and there was no undue noise, wind, dust, or threat of injury associated with Deputy Gell’s observation of the greenhouse.
Based on these observations, Gell went to a judge to get a warrant to search Riley's property. Forty-four marijuana plants were found in the greenhouse, and Riley was charged with possession of marijuana. At trial, Riley moved to suppress the marijuana evidence, arguing that the aerial search of his property was a violation of the Fourth Amendment and that, as such, the evidence found (the marijuana) should be excluded at trial.
Unless an established exception applies, the Fourth Amendment requires the government to have a warrant in order to conduct a search or seize evidence. Was the search from the air involved in this case a Fourth Amendment “search” that required a warrant?
4TH AMENDMENT FACTOR
YOUR RESPONSE
UNREASONABLE SEARCH OR SEIZURE?
Yes (no recognized exception).
BY THE GOVERNMENT?
OF AN AREA THAT FALLS WITHIN AN EXPECTATION OF PRIVACY?
THAT IS LEGITIMATE (or REASONABLE)?
Riley Holdings
4TH AMENDMENT FACTOR
YOUR RESPONSE
[UNREASONABLE] SEARCH OR SEIZURE?
It was a search in that the police were looking for something inside the property and is not covered by an exception.
BY THE GOVERNMENT?
Yes, Deputy Gell was a police officer.
OF AN AREA THAT FALLS WITHIN AN EXPECTATION OF PRIVACY?
Yes, he clearly expected no one to see.
THAT IS LEGITIMATE (or REASONABLE)?
No, the Supreme Court concluded that this expectation was not reasonable, because the general public could also fly over the yard and see in if they wanted to.
“In an age where private and commercial flight in the public airways is routine, it is unreasonable for respondent to expect that his marijuana plants were constitutionally protected from being observed with the naked eye from an altitude of 1,000 feet. The Fourth Amendment simply does not require the police traveling in the public airways at this altitude to obtain a warrant in order to observe what is visible to the naked eye.”
CA v. Ciraolo
Juvenile v Adult systems:
Adult: Juvenile:
defendant respondent
trial adjudication
sentencing disposition
crime offense
criminal juvenile offender
The Case of Gerry Gault
Gerry Gault, age 15, is accused of making an obscene phone call to a neighbor. The police pick up Gerry and take him to the juvenile detention center. His parents are at work. The police do not call to tell them what is happening with their son. His parents are told later that a hearing will be held the next day. They are not told what charges are filed against Gerry.
The neighbor, Mrs. Cook, complained about the phone call but does not show up for court. Instead, a police officer testifies about what Mrs. Cook said. Gerry blames the call on a friend. He says he did not make the obscene remarks. There are no lawyers present and no record is made of the court testimony.
Juvenile court does not allow juries, so instead a judge hears the case. The judge finds that Gerry is delinquent and orders him to be sent to a state reform school. He will stay there until he is 21 years old unless a court decides he can leave earlier. An adult found guilty of the same crime could be sent to county jail for no longer than 60 days.
United States Supreme Court Decision in In re Gault
The U.S. Supreme Court decided that Gerry Gault did not receive due process of law. The Court said that the Fifth Amendment of the U.S. Constitution guarantees that no one, including juveniles, can be deprived of life, liberty, or property without due process of law.
This decision ensures that juveniles are given due process in juvenile court, and it lists the rights that juveniles must have when they are in juvenile court. In this case, the Supreme Court ruled that juveniles have the following rights when accused of offenses for which they can be incarcerated.
Note: In a few states (not including Washington), juveniles have the right to a jury trial. The Supreme Court did not grant this right because the justices thought confidentiality in juvenile court was more important.
United States Constitution, 5th Amendment No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
__________________________________________________________________________________________________________________
Description: This unit was created to teach youth the differences between the juvenile justice system and the adult system. The goal is to educate youth on why there are two separate systems and methods of punishment.
Objectives: To learn about the juvenile justice system and when juveniles may be tried as adults. Additionally, students will conduct a debate on this matter as well as the juvenile death penalty.
Length of Lesson: One class period (90 minutes).
Supplies Needed: This document.
OVERVIEW OF LESSON PLAN
Part One: Case of State v. Smith. This case presents the facts of Roper v. Simmons.
- Have the students read the case out loud.
- Discuss the case with the students and gather a general response from them.
Part Two: The Big Debate
- Split the class up into two sides based on their responses to the worksheet.
- Pro side should be able to articulate why a separate juvenile justice system should exist based on the worksheet and class discussion.
- Con side should be able to argue against a separate juvenile justice system should not exist.
Part Three: Juvenile Punishment
- Now that the students have reviewed why a separate juvenile justice system exists, the discussion can move on to juvenile punishments.
- Take some time to go over the language of the 8th Amendment to get their thoughts on the meaning of “cruel and unusual.”
Part Four: Roper v. Simmons
- Review the excerpt of Roper v. Simmons
Review the language the court uses to make its determination that the juvenile death penalty is cruel and unusual. Before handing out the
review sheet, have the students go back through the text to see if they can find the reasons on their own.
- Have the students discuss whether or not they agree with the decision in Roper.
Part Five: Wrap-Up
- Points of law students should be able to articulate.
- Final goals of this lesson plan.
PART ONE
WHERE SHOULD JUVENILES BE TRIED?
CASE OF STATE V. SMITH
Christopher Smith, a 17-year-old with no criminal history, concocted a plan to murder Jane Harris. He asked two of his younger friends, John and Matt, to join in on his plan. They had planned to commit burglary and murder by breaking and entering into Jane’s house, tying her up, and then tossing her off of a bridge. The three boys met in the middle of the night, but John ended up dropping out at the last minute. Christopher and Matt carried out the plan without John’s help. Christopher and Matt have been arrested, and face trial with overwhelming evidence against them. Christopher confessed to the murder and performed a video reenactment at the crime scene, and Matt had discussed the plan in advance and then bragged about it afterwards. The boys are now awaiting trial for the murder of Jane Harris. In this jurisdiction the prosecutor has the power to determine whether a juvenile should be tried in adult court or juvenile court for the crime he committed. The prosecutor pushes to have the boys tried as adults because of the seriousness of the crime. If convicted, the prosecutor will seek the death penalty for both boys.
PART TWO
THE BIG DEBATE
For this portion of the lesson plan, divide the class into two sides (pro and con). Each
side should have one spokesperson to articulate the views agreed upon as a team. If the
students need some prompting, some ideas are presented below.
Pro Arguments
- Dangers of trying juveniles as adults:
§ Learn about adult crimes and how to commit them.
§ Exposed to more violence within the prison.
- Purpose is to rehabilitate youth offenders, not punish them even more severly.
Con Arguments
- Crime is crime. All people should be punished equally for committing the same sorts
of crimes.
- Juveniles will be more prone to commit crimes if they think they can “get off easier.”
PART THREE
JUVENILE JUSTICE SYSTEM WORKSHEET/POINTS TO PONDER
1. Why do you think there is a separate juvenile justice system?
2. Should there be a separate system for juveniles? Why or why not?
3. What’s the purpose of giving juveniles different punishments than adults?
4. Has there always been a juvenile court?
5. Who gets to decide whether a juvenile should be treated as an adult in court?
PART FOUR
Excerpt from Roper v. Simmons (taken from Youth Justice in America)
This case, in Missouri, involved Christopher Simmons, who, in 1993 at the age of 17, concocted a plan to murder Shirley Crook, bringing two younger friends, Charles Benjamin and John Tessmer, into the plot. The plan was to commit burglary and murder by breaking and entering, tying up a victim, and tossing the victim off a bridge. The three met in the middle of the night; however, Tessmer then dropped out of the plot. Simmons and Benjamin broke into Mrs. Crook's home, bound her hands and covered her eyes. They drove her to a state park and threw her off a bridge.
Once the case went to trial, the evidence was overwhelming. Simmons had confessed to the murder, performed a videotaped reenactment at the crime scene, and there was testimony from Tessmer against him that showed premeditation (he discussed the plot in advance and later bragged about the crime). The jury returned a guilty verdict. Even considering mitigating factors (no criminal history and his age), the jury recommended a death sentence, which the trial court imposed. Simmons first moved for the trial court to set aside the conviction and sentence, citing, in part, ineffective assistance of counsel. His age, and thus impulsiveness, along with a troubled background were brought up as issues that Simmons claimed should have been raised at the sentencing phase. The trial court rejected the motion, and Simmons appealed. Roper v. Simmons, 543 U.S.551 (2005) was a decision in which the Supreme Court of the United States held that it is unconstitutional to impose capital punishment for crimes committed while under the age of 18.
Beltway sniper case The implications of this ruling were immediately felt in the State of Virginia, where Lee Boyd Malvo is no longer eligible for the death penalty for his role in the Beltway sniper attacks that terrorized the Washington, D.C. area in October 2002. At the time of the attacks, Malvo was 17 years old. Malvo had already been spared the death penalty in his first trial for the murder of FBI employee Linda Franklin in Falls Church, Virginia, and had pleaded guilty in another case in Spotsylvania County; however, he had yet to face trial in Prince William County, Virginia, as well as in Washington, D.C., Washington state, Texas, Maryland, Louisiana, California, Arizona and Alabama. In light of this Supreme Court decision, the prosecutors in Prince William County have decided not to pursue the charges against Malvo. At the outset of the Beltway sniper prosecutions, the primary reason for extraditing the two suspects from Maryland, where they were arrested, to Virginia, was the difference in how the two states deal with the death penalty. While the death penalty is allowed in Maryland, it is only applied to persons who were adults at the time of their crimes, whereas Virginia had also allowed the death penalty for offenders who had been juveniles when their crimes were committed.
_________________________________________________________________________________________________________________________________
Adult: Juvenile:
defendant respondent
trial adjudication
sentencing disposition
crime offense
criminal juvenile offender
The Case of Gerry Gault
Gerry Gault, age 15, is accused of making an obscene phone call to a neighbor. The police pick up Gerry and take him to the juvenile detention center. His parents are at work. The police do not call to tell them what is happening with their son. His parents are told later that a hearing will be held the next day. They are not told what charges are filed against Gerry.
The neighbor, Mrs. Cook, complained about the phone call but does not show up for court. Instead, a police officer testifies about what Mrs. Cook said. Gerry blames the call on a friend. He says he did not make the obscene remarks. There are no lawyers present and no record is made of the court testimony.
Juvenile court does not allow juries, so instead a judge hears the case. The judge finds that Gerry is delinquent and orders him to be sent to a state reform school. He will stay there until he is 21 years old unless a court decides he can leave earlier. An adult found guilty of the same crime could be sent to county jail for no longer than 60 days.
United States Supreme Court Decision in In re Gault
The U.S. Supreme Court decided that Gerry Gault did not receive due process of law. The Court said that the Fifth Amendment of the U.S. Constitution guarantees that no one, including juveniles, can be deprived of life, liberty, or property without due process of law.
This decision ensures that juveniles are given due process in juvenile court, and it lists the rights that juveniles must have when they are in juvenile court. In this case, the Supreme Court ruled that juveniles have the following rights when accused of offenses for which they can be incarcerated.
Note: In a few states (not including Washington), juveniles have the right to a jury trial. The Supreme Court did not grant this right because the justices thought confidentiality in juvenile court was more important.
United States Constitution, 5th Amendment No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
__________________________________________________________________________________________________________________
Description: This unit was created to teach youth the differences between the juvenile justice system and the adult system. The goal is to educate youth on why there are two separate systems and methods of punishment.
Objectives: To learn about the juvenile justice system and when juveniles may be tried as adults. Additionally, students will conduct a debate on this matter as well as the juvenile death penalty.
Length of Lesson: One class period (90 minutes).
Supplies Needed: This document.
OVERVIEW OF LESSON PLAN
Part One: Case of State v. Smith. This case presents the facts of Roper v. Simmons.
- Have the students read the case out loud.
- Discuss the case with the students and gather a general response from them.
Part Two: The Big Debate
- Split the class up into two sides based on their responses to the worksheet.
- Pro side should be able to articulate why a separate juvenile justice system should exist based on the worksheet and class discussion.
- Con side should be able to argue against a separate juvenile justice system should not exist.
Part Three: Juvenile Punishment
- Now that the students have reviewed why a separate juvenile justice system exists, the discussion can move on to juvenile punishments.
- Take some time to go over the language of the 8th Amendment to get their thoughts on the meaning of “cruel and unusual.”
Part Four: Roper v. Simmons
- Review the excerpt of Roper v. Simmons
Review the language the court uses to make its determination that the juvenile death penalty is cruel and unusual. Before handing out the
review sheet, have the students go back through the text to see if they can find the reasons on their own.
- Have the students discuss whether or not they agree with the decision in Roper.
Part Five: Wrap-Up
- Points of law students should be able to articulate.
- Final goals of this lesson plan.
PART ONE
WHERE SHOULD JUVENILES BE TRIED?
CASE OF STATE V. SMITH
Christopher Smith, a 17-year-old with no criminal history, concocted a plan to murder Jane Harris. He asked two of his younger friends, John and Matt, to join in on his plan. They had planned to commit burglary and murder by breaking and entering into Jane’s house, tying her up, and then tossing her off of a bridge. The three boys met in the middle of the night, but John ended up dropping out at the last minute. Christopher and Matt carried out the plan without John’s help. Christopher and Matt have been arrested, and face trial with overwhelming evidence against them. Christopher confessed to the murder and performed a video reenactment at the crime scene, and Matt had discussed the plan in advance and then bragged about it afterwards. The boys are now awaiting trial for the murder of Jane Harris. In this jurisdiction the prosecutor has the power to determine whether a juvenile should be tried in adult court or juvenile court for the crime he committed. The prosecutor pushes to have the boys tried as adults because of the seriousness of the crime. If convicted, the prosecutor will seek the death penalty for both boys.
PART TWO
THE BIG DEBATE
For this portion of the lesson plan, divide the class into two sides (pro and con). Each
side should have one spokesperson to articulate the views agreed upon as a team. If the
students need some prompting, some ideas are presented below.
Pro Arguments
- Dangers of trying juveniles as adults:
§ Learn about adult crimes and how to commit them.
§ Exposed to more violence within the prison.
- Purpose is to rehabilitate youth offenders, not punish them even more severly.
Con Arguments
- Crime is crime. All people should be punished equally for committing the same sorts
of crimes.
- Juveniles will be more prone to commit crimes if they think they can “get off easier.”
PART THREE
JUVENILE JUSTICE SYSTEM WORKSHEET/POINTS TO PONDER
1. Why do you think there is a separate juvenile justice system?
2. Should there be a separate system for juveniles? Why or why not?
3. What’s the purpose of giving juveniles different punishments than adults?
4. Has there always been a juvenile court?
5. Who gets to decide whether a juvenile should be treated as an adult in court?
PART FOUR
Excerpt from Roper v. Simmons (taken from Youth Justice in America)
This case, in Missouri, involved Christopher Simmons, who, in 1993 at the age of 17, concocted a plan to murder Shirley Crook, bringing two younger friends, Charles Benjamin and John Tessmer, into the plot. The plan was to commit burglary and murder by breaking and entering, tying up a victim, and tossing the victim off a bridge. The three met in the middle of the night; however, Tessmer then dropped out of the plot. Simmons and Benjamin broke into Mrs. Crook's home, bound her hands and covered her eyes. They drove her to a state park and threw her off a bridge.
Once the case went to trial, the evidence was overwhelming. Simmons had confessed to the murder, performed a videotaped reenactment at the crime scene, and there was testimony from Tessmer against him that showed premeditation (he discussed the plot in advance and later bragged about the crime). The jury returned a guilty verdict. Even considering mitigating factors (no criminal history and his age), the jury recommended a death sentence, which the trial court imposed. Simmons first moved for the trial court to set aside the conviction and sentence, citing, in part, ineffective assistance of counsel. His age, and thus impulsiveness, along with a troubled background were brought up as issues that Simmons claimed should have been raised at the sentencing phase. The trial court rejected the motion, and Simmons appealed. Roper v. Simmons, 543 U.S.551 (2005) was a decision in which the Supreme Court of the United States held that it is unconstitutional to impose capital punishment for crimes committed while under the age of 18.
Beltway sniper case The implications of this ruling were immediately felt in the State of Virginia, where Lee Boyd Malvo is no longer eligible for the death penalty for his role in the Beltway sniper attacks that terrorized the Washington, D.C. area in October 2002. At the time of the attacks, Malvo was 17 years old. Malvo had already been spared the death penalty in his first trial for the murder of FBI employee Linda Franklin in Falls Church, Virginia, and had pleaded guilty in another case in Spotsylvania County; however, he had yet to face trial in Prince William County, Virginia, as well as in Washington, D.C., Washington state, Texas, Maryland, Louisiana, California, Arizona and Alabama. In light of this Supreme Court decision, the prosecutors in Prince William County have decided not to pursue the charges against Malvo. At the outset of the Beltway sniper prosecutions, the primary reason for extraditing the two suspects from Maryland, where they were arrested, to Virginia, was the difference in how the two states deal with the death penalty. While the death penalty is allowed in Maryland, it is only applied to persons who were adults at the time of their crimes, whereas Virginia had also allowed the death penalty for offenders who had been juveniles when their crimes were committed.
_________________________________________________________________________________________________________________________________
Beltway sniper link on youtube:
https://www.youtube.com/watch?v=EiQ-J5Wq1s4
Chapter 7: Crime in America
The Nature of Crimes A crime is something that a person does or fails to do that violates the law. The government establishes penalties for such behavior. Crime rates are influenced by many factors, although many people disagree about the causes of crime and the best solutions to the problem. In recent years, crime on high school and college campuses has become a serious problem. Crime is costly—in addition to the loss of life and property, it costs the government a great amount of money to prevent, investigate, and prosecute crime.
Gangs and Crime Gangs are active in towns and cities of all sizes throughout the country. Gangs expose their members and their communities to extreme violence and danger. Many youths join gangs because gangs offer a sense of belonging and an opportunity to earn money. Most people agree that a promising strategy to discourage gang membership is to provide young people with opportunities and community connections that will offer them a greater sense of belonging.
Guns and the Law Most Americans who own firearms own them legally and use them lawfully. However, guns are often used in violent crimes. Many people disagree about the government's role in controlling gun ownership. Some groups believe the Second Amendment protects the right of individuals to own guns. Other people believe that the Second Amendment gives the state power to maintain a militia but does not entitle individuals to own guns. The Federal Gun Control Act of 1968 is the primary federal gun-control law. Congress amended this law 1993 by enacting the Brady Act. Gun laws have also been enacted at the state and local levels.
Substance Abuse and Crime Abuse of alcohol and drugs, often called substance abuse, contributes to many social problems and often leads to other criminal activity. Although many adults use alcohol responsibly, alcohol abuse can be very harmful to society. Some people argue that the best way to handle the drug problem is to legalize some or all drugs. They believe legalization would allow the government to better regulate drugs and would eliminate the problems that are associated with illegal distribution of drugs. Many others, however, strongly oppose legalization.
Victims of Crime Every person is at risk to be a victim of crime. However, teens and young adults are more likely than any other age groups to be victims. Victim advocacy groups work to protect victims by promoting the concerns and rights of victims.
Preventing and Reporting Crime You can help fight crime by learning how to protect yourself. Also, reporting crime can help to prevent others from being victims. There are many organizations and programs that exist to assist victims of crime and prevent future crime.
To catch a predator:
http://www.youtube.com/watch?v=XWFGOwoZNrs
Chapter 7: Crime in America
1. Decisions as to what constitutes a crime are made by __________.
a. the executive branch b. the legislative branch c. agencies d. the courts
2. The most commonly reported crime in 2001 was __________. a. aggravated assault b. motor vehicle theft c. burglary
d. larceny/theft
3. The group of people that commits the most violent crimes is persons aged __________.
a. 15 to 24 b. 25 to 34 c. 35 to 44 d. 45 to 54
4. In recent years, the number of crimes committed by females has __________. a. remained basically the same b. dropped dramatically c. increased d. dropped somewhat
5. Which of the following is the strongest predictor of crime?
a. urban area b. family instability c. poverty d. weak economy
6. Students between the ages of 12 and 18 experienced __________ incidents of violent and property crime while at school in 2000. a. 2,000,000 b. 20,000 c. 500,000 d. 10,000,000
7. Which of the following is NOT true about gangs in the United States?
a. Gangs are groups closed to the general public for certain business or nonprofit purposes that may include violent crime.
b. Gangs operate in nearly all cities with populations of more than 200,000.
c. Gangs are relatively new to the United States.
d. Gang members range in age from young children to middle-aged adults.
8. According to the U.S. Supreme Court, the Second Amendment guarantees __________.
a. the right of citizens to own and possess guns b. a state's right to maintain a militia
c. the right of citizens to strike down gun control laws d. the right of the federal government to ban handguns
9. The most widely abused substance in the United States today is __________. a. crack cocaine b. marijuana
c. methamphetamines d. alcohol
10. The group most likely to be victims of violent crime is persons aged __________.
a. 12 to 24 years b. 25 to 39 years c. 40 to 64 years d. 65 years and older
Classify The Crime!!!
Number your paper like the example below:
The Nature of Crimes A crime is something that a person does or fails to do that violates the law. The government establishes penalties for such behavior. Crime rates are influenced by many factors, although many people disagree about the causes of crime and the best solutions to the problem. In recent years, crime on high school and college campuses has become a serious problem. Crime is costly—in addition to the loss of life and property, it costs the government a great amount of money to prevent, investigate, and prosecute crime.
Gangs and Crime Gangs are active in towns and cities of all sizes throughout the country. Gangs expose their members and their communities to extreme violence and danger. Many youths join gangs because gangs offer a sense of belonging and an opportunity to earn money. Most people agree that a promising strategy to discourage gang membership is to provide young people with opportunities and community connections that will offer them a greater sense of belonging.
Guns and the Law Most Americans who own firearms own them legally and use them lawfully. However, guns are often used in violent crimes. Many people disagree about the government's role in controlling gun ownership. Some groups believe the Second Amendment protects the right of individuals to own guns. Other people believe that the Second Amendment gives the state power to maintain a militia but does not entitle individuals to own guns. The Federal Gun Control Act of 1968 is the primary federal gun-control law. Congress amended this law 1993 by enacting the Brady Act. Gun laws have also been enacted at the state and local levels.
Substance Abuse and Crime Abuse of alcohol and drugs, often called substance abuse, contributes to many social problems and often leads to other criminal activity. Although many adults use alcohol responsibly, alcohol abuse can be very harmful to society. Some people argue that the best way to handle the drug problem is to legalize some or all drugs. They believe legalization would allow the government to better regulate drugs and would eliminate the problems that are associated with illegal distribution of drugs. Many others, however, strongly oppose legalization.
Victims of Crime Every person is at risk to be a victim of crime. However, teens and young adults are more likely than any other age groups to be victims. Victim advocacy groups work to protect victims by promoting the concerns and rights of victims.
Preventing and Reporting Crime You can help fight crime by learning how to protect yourself. Also, reporting crime can help to prevent others from being victims. There are many organizations and programs that exist to assist victims of crime and prevent future crime.
To catch a predator:
http://www.youtube.com/watch?v=XWFGOwoZNrs
Chapter 7: Crime in America
1. Decisions as to what constitutes a crime are made by __________.
a. the executive branch b. the legislative branch c. agencies d. the courts
2. The most commonly reported crime in 2001 was __________. a. aggravated assault b. motor vehicle theft c. burglary
d. larceny/theft
3. The group of people that commits the most violent crimes is persons aged __________.
a. 15 to 24 b. 25 to 34 c. 35 to 44 d. 45 to 54
4. In recent years, the number of crimes committed by females has __________. a. remained basically the same b. dropped dramatically c. increased d. dropped somewhat
5. Which of the following is the strongest predictor of crime?
a. urban area b. family instability c. poverty d. weak economy
6. Students between the ages of 12 and 18 experienced __________ incidents of violent and property crime while at school in 2000. a. 2,000,000 b. 20,000 c. 500,000 d. 10,000,000
7. Which of the following is NOT true about gangs in the United States?
a. Gangs are groups closed to the general public for certain business or nonprofit purposes that may include violent crime.
b. Gangs operate in nearly all cities with populations of more than 200,000.
c. Gangs are relatively new to the United States.
d. Gang members range in age from young children to middle-aged adults.
8. According to the U.S. Supreme Court, the Second Amendment guarantees __________.
a. the right of citizens to own and possess guns b. a state's right to maintain a militia
c. the right of citizens to strike down gun control laws d. the right of the federal government to ban handguns
9. The most widely abused substance in the United States today is __________. a. crack cocaine b. marijuana
c. methamphetamines d. alcohol
10. The group most likely to be victims of violent crime is persons aged __________.
a. 12 to 24 years b. 25 to 39 years c. 40 to 64 years d. 65 years and older
Classify The Crime!!!
Number your paper like the example below:
Open the yellow Texas Criminal Justice booklet to pages 2-3 and use the charts to fing the information AFTER you have read the artice. On any drug charges simply write PUNISHMENT DOUBLES near a school. DO NOT work in pairs. Complete your own work.
Play By The Rules Maney- Street Law
CHAPTER 1 – Court Systems
- Who are the “spokesbirds” for Play By The Rules? _______________ ________________
- Our __________________ branch of government also create laws.
- The Constitution was written in ___________.
- The Constitution and its amendments also place _______________ on the powers of our government.
- The legislative branch made up of the ________________ and the ______________ ___ _________________, writes laws and sends them to the ____________________________________________________.
- The ____________________ _______________ _______________ is a collection of laws passed by our U.S. Congress and approved by our President.
- The _____________________ ____________________ _____________________ is a collection of laws passed by our state legislature and approved by our governor.
- State law applies to ____________________ in that state.
- Are there other types of laws? _____________
- There is a law called the __________________________________ that requires all public officials to conduct their meetings openly.
- The court systems are the _______________________ branches of government.
- Courts hear ______________, ______________________, _______________________ and _______________________ cases.
- If you are accused of a crime, you have the right to go to _____________ where the __________________ must prove you committed that crime.
- Youth courts are called _____________________ courts.
- A_______________________ is a group of randomly chosen citizens.
- A defendant is ___________________________________________________________________________________________.
- A plaintiff is __________________________________________________________________________________________________________________.
- A witness who does not tell the truth could result in a charge of __________________.
- When do I need an attorney? ______________________________________________________________________________.
- What if I can not afford an attorney? _____________________________________________________________________________.
- Due process of law is ___________________________________________________________.
- What amendment is Due Process? _________________
- 6 Basic rights of the accused:
CHAPTER 2 – Juvenile Justice System
- What is a juvenile?
- 6 items listed in the Miranda warnings:
- A detention center is formerly called?
- What is the TYC?
CHAPTER 3 – Criminal offenses
- A crime is _________________________________________________________________________________________________________________________.
- 2 classifications of crimes: ______________________ & _______________________
- Complicity:
- Homicide:
- Murder:
- Capital felony:
- Criminally negligent homicide:
- Assault:
- Harrassment:
- Stalking:
- Bullying:
- Criminal Street Gang:
- Sexual Assualt:
- Indecency with a child:
- Sexual Contact:
- Theft:
- Robbery:
- Burglary:
CHAPTER 4 – Weapons, Guns and Fireworks & CHAPTER 5 – Alcohol and other Drugs
- Deadly weapon:
- Any drink that has at least ___________________ of ___________________.
- What is a class C misdemeanor punishable by? ________________________________________________________________.
- Hallucunogens:
- Stimulants:
- Sedatives:
- Inhalants:
- Narcotics:
- Can the police search for drugs at school?
CHAPTER 6 – Parent-Child Relationship & CHAPTER 7 - Recreation
1.What is my responsibility to my parents?
2. Can my parents spank me?
3. What if I damage someone else’s property?
4. What is Child Neglect?
5. Can I go hunting?
6. Can I yell at a Coach or Referee?
7. What laws must pet owners follow?
8. What is loitering?
CHAPTER 8 – School & CHAPTER 9 - Transportation
- Do I have to go to school?
- Suspension:
- Expulsion:
- Certain Conduct: (6)
- Are there laws for bike riders?
- Motor vehicle:
- Can I pass a stopped school bus?
- What if I drive without a license?
- Seat belt law?
CHAPTER 10 – Work & CHAPTER 11 – Civil Responsibilty & CHAPTER 12 – Technology
- Can I work anywhere?
- What is a tort?
- Liable:
- Battery:
- Defamation:
- Trespass:
- Libel:
- Slander:
- Contracts may be ________________ or _________________________.
- Copyright:
- Cyber bullying:
DOES MY VOTE COUNT?????
APATHYVILLE, U.S.A.
In the months before the city elections, a small group of citizens in Apathyville, U.S.A. began a vigorous campaign for major changes for their city. At the center of this campaign was a proposed tax roll-back to provide relief to the citizens, who they felt were being swamped by higher and higher taxes. Especially vocal in this group were citizens who were living on fixed incomes. As the elections neared it became obvious that the small group was growing in strength. When Election Day arrived, the turn out of voters was small (as often happens in local elections). The roll-back proposal passed by only five votes, and the special interest group celebrated its victory, looking forward to lower taxes.
Following the scenario are ten services provided by most cities. Students should individually rank these services one-to-ten, one being the most important to keep and ten the least important. Additionally, they should think of other possible services that could be cut.
2. Explain to the class they will now be acting as the city council. They will be responsible for cutting city services to balance the budget reflecting the lower tax revenue. Divide the class into small groups of four or five and allow them approximately 20 to 30 minutes to develop their plan. They must agree on cutting five services from the list. They should also decide on one of their original ideas for services that could be reduced or cut to present to the class.
3. Allow each group approximately three minutes to explain its plan listing the five services that will be cut along with the rationale for their choices. They should also present their new idea for cutting costs. After each group has presented its plan, have the class vote on the one plan they will adopt as the best to balance the city’s budget.
4. After the simulation, the teacher should ask the students the following debriefing questions:
• If the election were held today knowing what you now know, would you have voted for the roll-back? Defend your answer.
• How important are groups with special interests in a representative democracy?
• What are the responsibilities of a citizen in a representative democracy?
• Has your opinion of voting changed or been confirmed after this simulation? How?
APATHYVILLE, U.S.A.
In the months before the city elections, a small group of citizens in Apathyville, U.S.A. began a vigorous campaign for major changes for their city. At the center of this campaign was a proposed tax roll-back to provide relief to the citizens, who they felt were being swamped by higher and higher taxes. Especially vocal in this group were citizens who were living on fixed incomes. As the elections neared it became obvious that the small group was growing in strength. When Election Day arrived, the turn out of voters was small (as often happens in local elections). The roll-back proposal passed by only five votes, and the special interest group celebrated its victory, looking forward to lower taxes.
Below are a list of possible city services that might be cut to balance the city budget. Rank the services from one to ten, with one being the most important service to keep and ten being the least important. Additionally, think of other possible services that could be cut.
_____A. Close the public library.
_____B. Close the city swimming pool.
_____C. Discontinue maintenance of lawns and landscaping on city property.
_____D. Reduce the number of police and fireman.
_____E. Close the Senior Center.
_____F. Change the garbage collection to every two weeks.
_____G. Postpone the repair of local streets.
_____H. Cancel plans for the annual city Fourth of July Celebration
_____I. Cancel plans for the building of the new water treatment plant.
_____J. Cancel the city’s recycling program.
Other possible cuts: _________________________________________
APATHYVILLE, U.S.A.
In the months before the city elections, a small group of citizens in Apathyville, U.S.A. began a vigorous campaign for major changes for their city. At the center of this campaign was a proposed tax roll-back to provide relief to the citizens, who they felt were being swamped by higher and higher taxes. Especially vocal in this group were citizens who were living on fixed incomes. As the elections neared it became obvious that the small group was growing in strength. When Election Day arrived, the turn out of voters was small (as often happens in local elections). The roll-back proposal passed by only five votes, and the special interest group celebrated its victory, looking forward to lower taxes.
Following the scenario are ten services provided by most cities. Students should individually rank these services one-to-ten, one being the most important to keep and ten the least important. Additionally, they should think of other possible services that could be cut.
2. Explain to the class they will now be acting as the city council. They will be responsible for cutting city services to balance the budget reflecting the lower tax revenue. Divide the class into small groups of four or five and allow them approximately 20 to 30 minutes to develop their plan. They must agree on cutting five services from the list. They should also decide on one of their original ideas for services that could be reduced or cut to present to the class.
3. Allow each group approximately three minutes to explain its plan listing the five services that will be cut along with the rationale for their choices. They should also present their new idea for cutting costs. After each group has presented its plan, have the class vote on the one plan they will adopt as the best to balance the city’s budget.
4. After the simulation, the teacher should ask the students the following debriefing questions:
• If the election were held today knowing what you now know, would you have voted for the roll-back? Defend your answer.
• How important are groups with special interests in a representative democracy?
• What are the responsibilities of a citizen in a representative democracy?
• Has your opinion of voting changed or been confirmed after this simulation? How?
APATHYVILLE, U.S.A.
In the months before the city elections, a small group of citizens in Apathyville, U.S.A. began a vigorous campaign for major changes for their city. At the center of this campaign was a proposed tax roll-back to provide relief to the citizens, who they felt were being swamped by higher and higher taxes. Especially vocal in this group were citizens who were living on fixed incomes. As the elections neared it became obvious that the small group was growing in strength. When Election Day arrived, the turn out of voters was small (as often happens in local elections). The roll-back proposal passed by only five votes, and the special interest group celebrated its victory, looking forward to lower taxes.
Below are a list of possible city services that might be cut to balance the city budget. Rank the services from one to ten, with one being the most important service to keep and ten being the least important. Additionally, think of other possible services that could be cut.
_____A. Close the public library.
_____B. Close the city swimming pool.
_____C. Discontinue maintenance of lawns and landscaping on city property.
_____D. Reduce the number of police and fireman.
_____E. Close the Senior Center.
_____F. Change the garbage collection to every two weeks.
_____G. Postpone the repair of local streets.
_____H. Cancel plans for the annual city Fourth of July Celebration
_____I. Cancel plans for the building of the new water treatment plant.
_____J. Cancel the city’s recycling program.
Other possible cuts: _________________________________________
SETTING A NEW GOAL TO BECOME A BETTER CITIZEN
Learning Objectives: Students will:
1. Understand the characteristics of a good citizen.
2. Evaluate their own actions as a citizen.
3. Determine ways they can personally better help others at school, home and/or the community.
Teaching Strategy:
1. Discuss with students that the founders of our country believed it was each citizen’s responsibility to help others and put the needs of others before their own needs.
2. Have students brainstorm ways that they can exhibit good citizenship in the classroom.
3. Students are going to evaluate themselves to identify ways they can be better citizens in the classroom, at school, at home, or in the community.
4. Give each student a "Surveying Myself" attachment. Assure them that no one else will view their survey.
5. After students have completed their surveys, ask them to identify one behavior that they could improve on or change.
6. Instruct students to place goal sheets and surveys in their envelopes.
Evaluation:
After the two weeks have passed, give students their envelopes and have them complete the "Results "section of their goal sheets. They should explain whether they achieved their goal or not and why. The teacher may them have students set a goal to change another behavior listed on their surveys. The same procedure can be repeated as often as desired.
SURVEYING MYSELF
Place a checkmark on each continuum to indicate how often you do the following things. Please try to be honest. No one else will read what you put.
1. Do you compliment someone else when they do something good?
Always Many Times Occasionally Seldom Never
2. Do you make fun of others when they make a mistake?
Always Many Times Occasionally Seldom Never
3. Do you raise your hand when you want to talk so you won’t interrupt others?
Always Many Times Occasionally Seldom Never
4. Do you pick up something for another person when they drop it?
Always Many Times Occasionally Seldom Never
5. Do you listen and try to understand what other people are saying when they talk?
Always Many Times Occasionally Seldom Never
6. Do you brag about things you have or things that you have done?
Always Many Times Occasionally Seldom Never
7. Do you use manners by saying such things as, "Please" and "Thank you?"
Always Many Times Occasionally Seldom Never
8. Do you complain about things and exhibit a negative attitude?
Always Many Times Occasionally Seldom Never
9. Do you look for ways to help other people and then actually help them?
Always Many Times Occasionally Seldom Never
My goal is to be a better citizen by ______________
During the next two weeks I will ________________
Results: Did you achieve your goal? ___ Yes ___ No
Explain why or why not: _______________________
If you achieved your goal, describe how it makes you feel and why. ___________________________________________
Learning Objectives: Students will:
1. Understand the characteristics of a good citizen.
2. Evaluate their own actions as a citizen.
3. Determine ways they can personally better help others at school, home and/or the community.
Teaching Strategy:
1. Discuss with students that the founders of our country believed it was each citizen’s responsibility to help others and put the needs of others before their own needs.
2. Have students brainstorm ways that they can exhibit good citizenship in the classroom.
3. Students are going to evaluate themselves to identify ways they can be better citizens in the classroom, at school, at home, or in the community.
4. Give each student a "Surveying Myself" attachment. Assure them that no one else will view their survey.
5. After students have completed their surveys, ask them to identify one behavior that they could improve on or change.
6. Instruct students to place goal sheets and surveys in their envelopes.
Evaluation:
After the two weeks have passed, give students their envelopes and have them complete the "Results "section of their goal sheets. They should explain whether they achieved their goal or not and why. The teacher may them have students set a goal to change another behavior listed on their surveys. The same procedure can be repeated as often as desired.
SURVEYING MYSELF
Place a checkmark on each continuum to indicate how often you do the following things. Please try to be honest. No one else will read what you put.
1. Do you compliment someone else when they do something good?
Always Many Times Occasionally Seldom Never
2. Do you make fun of others when they make a mistake?
Always Many Times Occasionally Seldom Never
3. Do you raise your hand when you want to talk so you won’t interrupt others?
Always Many Times Occasionally Seldom Never
4. Do you pick up something for another person when they drop it?
Always Many Times Occasionally Seldom Never
5. Do you listen and try to understand what other people are saying when they talk?
Always Many Times Occasionally Seldom Never
6. Do you brag about things you have or things that you have done?
Always Many Times Occasionally Seldom Never
7. Do you use manners by saying such things as, "Please" and "Thank you?"
Always Many Times Occasionally Seldom Never
8. Do you complain about things and exhibit a negative attitude?
Always Many Times Occasionally Seldom Never
9. Do you look for ways to help other people and then actually help them?
Always Many Times Occasionally Seldom Never
My goal is to be a better citizen by ______________
During the next two weeks I will ________________
Results: Did you achieve your goal? ___ Yes ___ No
Explain why or why not: _______________________
If you achieved your goal, describe how it makes you feel and why. ___________________________________________
Family Law - Civil Law
Common Law Marriage - If you introduce yourself as husband and wife and "co-mingle" funds.
Divorce - Texas is a no fault state and you can divorce for any reason.
Grand Parents Rights - A grandparent can sue for visitation of a grandchild.
Divorcing your parents - Emancipation, you have to prove you can financially support yourself.
Reporting Child abuse - If you "SUSPECT" abuse, you are required to report it. You are not required to prove it.
Suing Children - A parent is financially responsible for damages caused by their minor children
Living wills - What do you want to happen to your body IF you can not make a decision.
Police Stop and Search - Probable cause
Freedom of Speech - as long as no one is in danger. Can't yell fire in a crowded theater, unless there is a fire.
Flag buring - Is "symbolic" speech and can be burned.
Student Loans - You will begin making payments 6 months after graduation. Your wages can be garnished for these debts.
Is it legal to pass a school bus - NO, do not pass a school bus if the STOP arm is out.
Horseback riding - If you are injured at a stable can you sue? Probably not because you signed a release form releasing them of any damages.
Gambling - is illegal in Texas, even for Charity. No prizes OR chips OR money can leave the table.
Foul Ball Liability - If my car window is broken at a baseball game by a foul ball, its my problem as it is part of the play of the game.
Electronic Signatures - Is as binding as a paper signature.
Co-Signing - your liabilty is as responsible as the original signer.
Stolen identity - Call bank and credit card company immediately, and you will not be liable.
Towing - If you are towed from a parking lot the towing company MUST have a sign displayed as to the location and phone number of where your car has been taken.
Runaway shopping cart - is the grocery store liable? No
Workplace privacy - can your employer monitor your email/phone calls/web searches - YES
Security Deposits - How can you make sure you get your deposit back from an apartment rental. Clean and replace broken items.
Divorce - Texas is a no fault state and you can divorce for any reason.
Grand Parents Rights - A grandparent can sue for visitation of a grandchild.
Divorcing your parents - Emancipation, you have to prove you can financially support yourself.
Reporting Child abuse - If you "SUSPECT" abuse, you are required to report it. You are not required to prove it.
Suing Children - A parent is financially responsible for damages caused by their minor children
Living wills - What do you want to happen to your body IF you can not make a decision.
Police Stop and Search - Probable cause
Freedom of Speech - as long as no one is in danger. Can't yell fire in a crowded theater, unless there is a fire.
Flag buring - Is "symbolic" speech and can be burned.
Student Loans - You will begin making payments 6 months after graduation. Your wages can be garnished for these debts.
Is it legal to pass a school bus - NO, do not pass a school bus if the STOP arm is out.
Horseback riding - If you are injured at a stable can you sue? Probably not because you signed a release form releasing them of any damages.
Gambling - is illegal in Texas, even for Charity. No prizes OR chips OR money can leave the table.
Foul Ball Liability - If my car window is broken at a baseball game by a foul ball, its my problem as it is part of the play of the game.
Electronic Signatures - Is as binding as a paper signature.
Co-Signing - your liabilty is as responsible as the original signer.
Stolen identity - Call bank and credit card company immediately, and you will not be liable.
Towing - If you are towed from a parking lot the towing company MUST have a sign displayed as to the location and phone number of where your car has been taken.
Runaway shopping cart - is the grocery store liable? No
Workplace privacy - can your employer monitor your email/phone calls/web searches - YES
Security Deposits - How can you make sure you get your deposit back from an apartment rental. Clean and replace broken items.
