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Lesson Plan 7:

From Arrest to Appeal

History Standard

Benchmark 2, Indicator 5

Explains the Bill of Rights and the reasons for the challenges against it.

 

Civics/Government Standard

Benchmark 1, Indicator 1

Evaluates the purpose and function of law.

Benchmark 2, Indicator 3

Knows core civic values inherent in the founding documents have been the focus for unity in American society (i.e., free speech, religion, press, assembly and other basic rights)

Benchmark 4, Indicator 3

Analyzes policies, actions and issues regarding the rights of individuals (e.g., Brown v Topeka Board of Education, American Disabilities Act, Title 9, PL94142).

 

Grade Level: 9th through 12th

Goal:

Many students have limited knowledge about their rights in the criminal justice system. This lesson is important in that, in today’s ever-rising crime rate, our criminal justice system seems at times not to work for anyone but the criminal. This unit will help the student understand the importance of the system to the accused, not just the guilty.

Objectives:

1. To provide the student with basic information for understanding adult criminal procedures. 2. To enable a student to take a case through the steps of legal procedure from arrest to appeal and know the purpose of each step.

 

Procedures:

A. Arrest

1. Without a warrant police must have sufficient facts to convince a reasonable man that a crime has been committed to make an arrest.

2. With a warrant: a) based on probable cause b) warrant obtained from a judge presenting probable cause.

3. Miranda warnings must be applied.

B. Preliminary hearing is an informal hearing before a judge to determine if sufficient evidence exists to have suspect bound over for trial.

C. Jail or Bail

1. Bail cannot be excessive (8th amendment)

2. Bail can be denied (first degree murder) and "poor risk" of defendant to return for trial.

D. Grand Jury

1. Functions (composed of 23 members)

a. Determines whether a crime was committed.

b. Whether, based on evidence, the suspect could have committed the crime.

c. 12 members must agree to return an indictment.

E. Arraignment and Plea

1. Bringing the accused before judge to be formally charged.

2. Accused may plead guilty or not guilty.

F. Trial

1. Sixth amendment guarantees a speedy trial (in most states after 120 days, a defendant goes free.)

2. Trial by Jury (12 persons constitute a jury)

3. Trial is normally public.

G. Verdict

1. Not guilty-defendant goes free.

2. Guilty-judge passes sentence.

H. Sentencing

In some states, sentencing is by the judge except in cases of murder and rape where the jury may determine the sentence.

I. Appeal

A person not satisfied with the justice the court has dispensed may attempt to correct the situation. 1. Appeals courts are made up of three judges and do not hear evidence. The parties write briefs on the issues, and oral arguments may be presented. a. Affirm (uphold) b. Reverse (nullify trial court results) c. Remanded (sent back to trial court to be redone)

J. Pardon and Commutation

1. Pardon -- by governor (state) or by President (federal crimes)

2. Commutative -- (shortening of sentence)

Activities:

1. Mock Trial

2. Debate over Miranda rule

3. Field trip to court proceedings

4. Guest speakers by local attorney or judge

5. A good place for video is the court channel found on most cable systems.

Ted Foster of Sequoyah High School, Claremore, Oklahoma, wrote "From Arrest to Appeal." This lesson plan can also be found at http://www.col-ed.org /cur/sst/ sst251.txt