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Socrative #1 Name your planet and 3 rights - Debate Bystanders - What would you do? https://www.youtube.com/watch?v=xyixU8zfU20 Caught in Providence: https://www.youtube.com/results?search_query=caught+in+providence 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 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. |
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.
Protest
1. Prior to showing the video, briefly explain the primary themes of the video. Use some or all of the following questions (include at least one writing prompt):
- Do you believe that adults underestimate young people? If so, can you give an example?
- Do you feel your voice gets heard in your classes? Why or why not?
- What might it mean to young people to have a chance to speak in public, either sharing poetry or other kinds of written or spoken word?
Film: https://www.niot.org/nios-video/vajra-watson-protest
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 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.
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.
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.
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.
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.
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:
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.
