Judicial Review - The First Amendment (6.1.12.A.14.b) The Free Speech Clause Do Now Assignment - Review Material for Quiz Lesson Objective (Essential Question) -What is freedom of speech? Film - Pleasantville (1998) 124 minutes Agenda Notes and Lecture The Articles of Confederation was established following the American Revolution Federalists were critical of the Articles and suggested a Democratic Republic based on a constitution Some Southern states were opposed as slavery remained a sensitive topic They were fearful of the proposed Constitution’s elastic clause James Madison hoped a Bill of Rights would allay their fears and suggested 42 enumerated rights The Founding Fathers decided on ten Since the Constitution was a living document he reasoned that more could be added when necessary The Judiciary would be called upon to interpret the constitutionality of law in light of these Amendments The process became known as judicial review A concept debated then and now There are six approaches or modalities of just how the Court interprets the Constitution Freedom of speech was the first issue to be addressed Despite its unconditional phrasing the First Amendment has created problems for the Judiciary with regard to cases dealing with: Inciting to Riot; Libel; Slander; False Advertising; Perjury; Contempt of Court; Harassment; Threats; and Copyright Infringement They differed in their interpretation of Congress shall make no law abridging freedom of speech The Absolutist Approach means that all speech is protected The Categorical Approach establishes certain types of speech as unprotected The Balancing Approach weighs the individual’s right against the state’s welfare Regardless of their personal interpretation, they all agreed on the importance of the First Amendment YouTube - What Were the Articles of Confederation?/America: Facts vs Fiction (2:49) https://www.youtube.com/watch?v=3KGG9afW7XY Web - The Commandments - The Constitution and Its Worshippers http://www.newyorker.com/magazine/2011/01/17/the-commandments What was Benjamin Franklin’s opinion of the Constitution? What did he ask the delegates who were hesitant to sign the document to consider?
Transcript
Judicial Review - The First Amendment (6.1.12.A.14.b)
The Free Speech Clause
Do Now Assignment - Review Material for QuizLesson Objective (Essential Question) -What is freedom of speech?Film - Pleasantville (1998) 124 minutesAgenda
Notes and LectureThe Articles of Confederation was established following the American RevolutionFederalists were critical of the Articles and suggested a Democratic Republic based on a constitution Some Southern states were opposed as slavery remained a sensitive topicThey were fearful of the proposed Constitution’s elastic clauseJames Madison hoped a Bill of Rights would allay their fears and suggested 42 enumerated rightsThe Founding Fathers decided on tenSince the Constitution was a living document he reasoned that more could be added when necessaryThe Judiciary would be called upon to interpret the constitutionality of law in light of these Amendments The process became known as judicial reviewA concept debated then and nowThere are six approaches or modalities of just how the Court interprets the Constitution Freedom of speech was the first issue to be addressedDespite its unconditional phrasing the First Amendment has created problems for the Judiciary with regard to cases dealing with: Inciting to Riot; Libel; Slander; False Advertising; Perjury; Contempt of Court; Harassment; Threats; and Copyright InfringementThey differed in their interpretation of Congress shall make no law abridging freedom of speech
The Absolutist Approach means that all speech is protectedThe Categorical Approach establishes certain types of speech as unprotectedThe Balancing Approach weighs the individual’s right against the state’s welfare
Regardless of their personal interpretation, they all agreed on the importance of the First Amendment
YouTube - What Were the Articles of Confederation?/America: Facts vs Fiction (2:49)https://www.youtube.com/watch?v=3KGG9afW7XY
Web - The Commandments - The Constitution and Its Worshippershttp://www.newyorker.com/magazine/2011/01/17/the-commandmentsWhat was Benjamin Franklin’s opinion of the Constitution?What did he ask the delegates who were hesitant to sign the document to consider?YouTube - The Bill of Rights - Part 1 - Philosophy & History (6:26) - https://www.youtube.com/watch?v=F-0_0cI_DXE
YouTube - Judicial Review…a Constitutional Crisis Is Brewing in Congress (6:37)https://www.youtube.com/watch?v=2aKzgWOm68w
Web – Metaphors and Modalities: Meditations on Bobbit’s Theory of the Constitution (page 158)http://scholarship.law.wm.edu/cgi/viewcontent.cgi?article=1016&context=wmborjList and explain Philip Bobbit’s six modalities of Constitutional interpretationYou Tube - A Defiant Dude (2:34) - https://www.youtube.com/watch?v=dW9z8feaVgMWeb - Tinker v Des Moines (1969) https://en.wikipedia.org/wiki/Tinker_v._Des_Moines_Independent_Community_School_DistrictWhat was the background of the case of Tinker v Des Moines? What was the Court ruling?
Web- Introduction to the Free Speech Clause of the First Amendment http://law2.umkc.edu/faculty/projects/ftrials/conlaw/firstaminto.htmList and explain the seven reasons why freedom of speech must be protected?John Stossel - Free Speech Expelled (10:00)https://www.youtube.com/watch?v=4i62EYhtUho
Closure - Exit Activity - Discussion ReviewAssessment (Summative) - Quiz Tomorrow on Material Covered in ClassAssessment (Formative) - Preparation for Class/Time on TaskExtension Assignment – First Amendment Center - http://www.firstamendmentcenter.org/
Censorship (6.1.12.A.14.b)Do Now AssignmentReview Material for QuizLesson Objective (Essential Question) - Is there a place for literary censorship in a free society?Film - Deliberate Intent (2000) 85 minutesAgenda
Notes and LectureThe Balancing Test is the most frequently used gauge in First Amendment casesSpeech as a trigger to imminent lawless action is not protected…speech as a key to persuasion is This principle was established in the case of Brandenburg v OhioThe First Amendment also deals with obscenityMaterial considered without artistic merit by contemporary community standards may be challengedThis is driven by a concern for the presumed vulnerability of youth as evidenced by the: Motion Picture Production Code (1930); FCC (1934); Comic Book Code (1954); National Endowment of the Arts Standards of Decency Statute 1998; and Parental Advisory Logo Standards (2006)These initiatives were attacked and lampooned by the liberal leftLarry Flynt is one of the biggest provocateurs in challenging obscenity lawsHow can you support a blanket action that deprives adults of access to material?The concept of censorship has grown to include political correctnessThe censorship debate goes beyond obscenityRice v Paladin applied the Brandenburg Test to liability for written words
YouTube - Charlton Heston Mark Antony Speech Julius Caesar (1970) 9:46https://www.youtube.com/watch?v=0bi1PvXCbr8
Web - Brandenburg v Ohio (1969) - https://en.wikipedia.org/wiki/Brandenburg_v._OhioWhat was the background of the case of Brandenburg v Ohio? What was the Court ruling?
Web - Finley v NEA (1998)- https://ccrjustice.org/home/what-we-do/our-cases/finley-v-neaWhat was the background of the case of Finley v NEA? What was the Court ruling?YouTube - Confidential File: Horror Comic Books (25:29) First 13:53https://www.youtube.com/watch?v=GI8IJA8kdkI
YouTube - Frank Zappa on Music Censorship (8:17) - https://www.youtube.com/watch?v=Wg-F29C7susFamily Guy - The Freaking FCC (1:51) https://www.youtube.com/watch?v=Eeg4J8yNk4g
YouTube - Larry Flynt - The First Amendment (8:43) - https://www.youtube.com/watch?v=fltVO7t6xcsWeb - Hustler v Falwell: 25 Years of Protected Satirehttp://www.huffingtonpost.com/roy-s-gutterman/hustler-v-falwell-25-year_b_2783713.htmlWhat was the background of the case of Hustler v Falwell (1988)?Why is this considered to be one of the most important First Amendment cases ever decided?
Web - Political Correctness Its Origins and the Backlash Against Ithttp://theconversation.com/political-correctness-its-origins-and-the-backlash-against-it-46862When, amongst whom and why did political correctness emerge in the West?Why is this movement political?
YouTube - NBCs Bob Costas: Redskins Nickname An Insult, a Slur – Costas Is Right Washington Is Insulting (7:12) - https://www.youtube.com/watch?v=TV8yHgJpXqw
Web - Media & The Law: Case Brief: Rice v Paladin Enterprises (1997)http://tiffany-mckenzie.blogspot.com/2012/01/rice-v.htmlWhat was the background of the case of Rice v Paladin Enterprises? What was the Court ruling?
Closure - Exit Activity: Discussion ReviewAssessment (Summative) - Quiz Tomorrow on Material Covered in ClassAssessment (Formative) - Preparation for Class/Time on TaskExtension Assignment - 100 Most Frequently Challenged Books by Decade
Do Now Activity - Review Material for QuizLesson Objective (Essential Question) - Is the Establishment Clause a wall of separation or a shifting, porous
barrier?Film - Inherit the Wind (1960) 128 minutesAgenda Notes and Lecture
Many colonists came to America to be able to practice their religionIn Europe adherence to the religious belief of the ruler was equated with loyaltyIt was dangerous to practice an alternative religion Fear of a resumption of this policy in the new nation led to the establishment of the First AmendmentThe First Amendment Free Exercise Clause protects the right to practice one’s religionA religion: recognizes the existence of God; deals with issues of ultimate concern; has a comprehensive set of ideas it accepts as truth, not theory; has a list of moral commandments; has established surface signs such as liturgy, clergy and Holy DaysThe amendment also has an Establishment ClauseThe state may not recognize, favor, or establish a national religionThere must be a porous wall of separation between church and stateThe case of Everson v Board of Education (1947) touched off a debate over this porous wallThis controversy has continued to rage
YouTube - Baptist Hate Group on Hannity and Colmes (5:42) https://www.youtube.com/watch?v=YnG0eFwlmgI
A Look at the Snake-Handling Churches of Appalachia (5:07) https://www.youtube.com/watch?v=cwBVcsWYJd8
Web - Introduction to the Establishment Clause of the First Amendmenthttp://law2.umkc.edu/faculty/projects/ftrials/conlaw/estabinto.htmWhat was the significance of the Court ruling in the case of Everson v Board of Education (1947)? What was the significance of the Court ruling in the case of McCollum v Board of Education (1948)?What was the significance of the Court ruling in the case of Zorach v Clauson (1952)? Why?Web - Engel v Vitale - https://en.wikipedia.org/wiki/Engel_v._VitaleWhat was the background of the case of Engel v Vitale? What was the Court ruling?
Web - Person of the Week: Michael Newdow http://content.time.com/time/nation/article/0,8599,266658,00.htmlWhat lawsuit did Michael Newdow bring before the court in 2002? What did it give rise to?
Web - Religious Symbols in Public Placeshttp://law2.umkc.edu/faculty/projects/ftrials/conlaw/religioussymbols.htmWhat rule is used to determine permissible and impermissible religious display?How did the Lemon Test assist the judges in determining violation of the Establishment Clause?What did the cases of Lynch (1984) and County of Allegheny (1989) deal with?How did the Court apply this rule in deciding these cases?What did the Capital Square Review Board case deal with?Why did the Court rule as it did?YouTube - Fox News: Atheists vs 9/11 Memorial Cross (11:27)https://www.youtube.com/watch?v=16pWDnKu5LU
YouTube - In God We Trust to Be Removed from US Currency (7:01) https://www.youtube.com/watch?v=UcXx_xRt85k
Web - 5 Crucial Reasons to Teach Creationism in Public Schoolshttp://www.patheos.com/blogs/christiancrier/2013/12/26/5-crucial-reasons-to-teach-creationism-in-public-schools/What are the main arguments for teaching creationism in public schools?
Closure - Exit Activity: Discussion ReviewAssessment (Summative) - Quiz Tomorrow on Material Covered in ClassAssessment (Formative) - Preparation for Class/Time on Extension Activity - Religion in U.S. Public Schools - http://www.religioustolerance.org/ps_pra9.htm
The Right to Bear ArmsDo Now AssignmentReview Material for QuizLesson Objective (Essential Question)Is gun ownership a Constitutional right or a privilege?Film - Bowling for Columbine (2002) 120 minutesAgenda
Notes and LectureThe Second Amendment deals with the right to bear armsThis has always been an issue of concern for law enforcement officersThere are three arguments for possession of a gun
Guns defend libertyPeople should have the right to defend themselvesPeople enjoy guns
There are those who believe that the Founding Fathers were more interested in a fourthGang violence during Prohibition touched off the initial crusade for gun controlThe debate continuesOpponents consider possession a right and responsibilityAdvocates considere it a restricted privilegeBoth sides have their ardent supportersStates deal with the topic in their own way
Web - The Hidden History of the Second Amendmenthttp://www.vpc.org/fact_sht/hidhist.htmWhat did James Madison mean to assure by the Second Amendment?Why did he include this amendment in the Constitution?What is the significance of the Hidden History of the second amendment theory?YouTube – The Hidden History of the Second Amendment (11:33)https://www.youtube.com/watch?v=aK_XfU8Sju4
YouTube - Scarface 1932 - Trailer (2:36) - https://www.youtube.com/watch?v=oClFiO7LMkcWeb - National Firearms Act - https://en.wikipedia.org/wiki/National_Firearms_ActWhat was the target of the National Firearms Act of 1934?
Web - United States v Miller (1939) - https://en.wikipedia.org/wiki/United_States_v._MillerWhat was the background of the case of United States v Miller? What was the Court ruling?Web - District of Columbia v Heller (2008) - https://en.wikipedia.org/wiki/District_of_Columbia_v._HellerWhat was the background of the case of the District of Columbia v Heller? What was the Court ruling?Web - McDonald v City of Chicago (2010) - https://en.wikipedia.org/wiki/McDonald_v._City_of_ChicagoWhat was the background of the case of McDonald v Chicago/ What was the Court ruling?
YouTube - Piers Morgan Firing Assault Rifles at Texas Gun Range (11:50) https://www.youtube.com/watch?v=ioAa-DlzXrM
Piers Morgan Vs Ted Nugent on Gun Control (10:10)https://www.youtube.com/watch?v=kjNwMOLulUQ
YouTube - What Is the Graves Act in NJ? NJ Gun Sentencing (2:59) - https://www.youtube.com/watch?v=BRPuSv12nA0Web - BB Gun Control: In New Jersey, Kids’ Rite of Passage Could Mean FelonyHow does the State of New Jersey look upon rite of passage toys like bb guns? Wat is the penalty for failing to abide by state regulations on these toys?
Closure - Exit Activity: Discussion ReviewAssessment (Summative) - Quiz on Material Covered in ClassAssessment (Formative) - Preparation for Class/Time on TaskExtension Assignment - New Jersey State Law Summary - Law Center to Prevent Gun Violence
The Quartering of TroopsDo Now Assignment - Review Material for QuizLesson Objective (Essential Question)Is the Third Amendment relevant to modern society? Film - A Civil Action (1998) 115 minutesAgenda
Notes and LectureThe Third Amendment stemmed from indignation over the Quartering Act of 1765As the gap widened between the Revolution and the present, its importance wanedToday most interpret it as completely unambiguousThe Third Amendment is one of the least litigated sections of the ConstitutionHowever, the Constitution is a living documentA broad interpretation has developedThis extends the Third Amendment to any federal quarteringMilitary toxic pollution and noise pollution would be included in a broad interpretationSo would the presence of federally protected endangered species on private propertyThere are those who consider this more burdensome than the quartering of troopsThe war on crime and terrorism has also contributed to violations of the Third AmendmentAre militaristic police exempt from the Third Amendment?
YouTube - The Quartering Act 1765 (:59) - https://www.youtube.com/watch?v=jKnN8Jg36kA
Web - Engblom v Carey (1982) - http://law2.umkc.edu/faculty/projects/ftrials/conlaw/engblom.htmlWhat were the circumstances in the case of Englom v Carey? What was the Court ruling?
Web - The Quintessential Universal Soldierhttp://www.informationclearinghouse.info/article8394.htm
What did we learn about the military as children? What didn’t we learn?What distinction does the U.S. Department of Defense hold?What contributes to this situation?What are the health problems attributable to these factors?How does the military defend the use of environmentally hazardous material and practices?Web- Pentagon Fights EPA on Pollution Cleanuphttp://www.washingtonpost.com/wp-dyn/content/article/2008/06/29/AR2008062901977.htmlWhat did the EPA discover at McGuire Air Force Base in New Jersey?What final order did the Pentagon refuse to sign off on? Why?What did the Pentagon propose as an alternative measure?You Tube -
Article - Quartering Specieshttp://fee.org/freeman/quartering-speciesWhat are the provisions of the 1973 Endangered Species Act?What power does the act give to the Fish and Wildlife Service? What does the Service not have to consider?Why is ESA protection sometimes detrimental to species protection?Why is ESA protection comparable to the quartering of troops? What is the solution?
YouTube - Stossel: Radley Balko Debates Ohio Sheriff “Rise of the Warrior Cop” (13:52)https://www.youtube.com/watch?v=QSeeU6WH5DQMilitary Occupying Your Home/Big Brother Watch (2:25)
https://www.youtube.com/watch?v=RVQnPc41_LIWeb - Federal Court Rejects Third Amendment Claim against Police Officershttps://www.washingtonpost.com/news/volokh-conspiracy/wp/2015/03/23/federal-court-rejects-third-amendment-claim-against-police-officers/Why did a federal judge reject Third Amendment claims against Henderson, Nevada police officers?
Closure - Exit Activity: Discussion ReviewAssessment (Summative) - Quiz on Material Covered in ClassAssessment (Formative) - Preparation for Class/Time on TaskExtension Activity - The Rise of the Warrior Cop (2013), Radley Balko
Search and SeizureDo Now Assignment - Review Material for QuizLesson Objective (Essential Question) How do justices determine whether the Fourth Amendment applies?Agenda
Notes and LectureCitizens must know how to deal with the policeThe Fourth Amendment protects an individual from unreasonable search and seizureA search is not a petty indignity…individuals are entitled to a reasonable expectation of privacyPolice must show probable cause and obtain a warrant from a judge before conducting a searchThe reasonableness requirement does allows police to conduct a warrantless searchSometimes the 4th Amendment involves a second person (confidentiality)These individuals operate under a minimum necessary standardSchools are obligated to maintain a balance between Constitutional rights and student safetyThey do not operate in loco parentis but as agents of the state, who may search without a warrant The search must be reasonable in inception and scope and consider: Age; History; Seriousness and pervasiveness of the violation; Urgency; Prior experience with the student; Reliability of the sourceSurveillance in our Post 9/11 technological age has created constitutional issues over privacy
YouTube - How to Survive Police Encounters (10 Rules for Dealing with the Police) 38:53https://www.youtube.com/watch?v=dR7dq5jCh6Q
Web -The Fourth Amendment Reasonableness Requirementhttp://criminal.findlaw.com/criminal-rights/the-fourth-amendment-reasonableness-requirement.htmlWhen may police conduct a warrantless search?Web - Terry v Ohio (1968) - https://en.wikipedia.org/wiki/Terry_v._OhioWhat were the circumstances in the case of Terry v Ohio? What was the Court ruling?YouTube - Stop and Frisk - The Hunted and the Hated: An Inside Look at NYPDs Stop and Frisk Policy ((13:15) - https://www.youtube.com/watch?v=7rWtDMPaRD8
YouTube - World Over - 2014-07-10 Seal of Confession Court Rulinghttps://www.youtube.com/watch?v=NGIuBuFCHdA
Web - New Jersey v T.L.O. (1985) - https://en.wikipedia.org/wiki/New_Jersey_v._T._L._O.What were the circumstances in the case of New Jersey v T.L.O.? What was the Court ruling?Web - Veronica School District 47j v Acton (1995)https://en.wikipedia.org/wiki/Vernonia_School_District_47J_v._ActonWhat were the circumstances in the case of Veronia v Acton? What was the Court ruling?YouTube - Drug Testing for Middle Schoolers (5:08) 2013https://www.youtube.com/watch?v=NW9iwS3rTvo
Web - The USA PATRIOT Act: Preserving Life and Libertyhttp://www.justice.gov/archive/ll/what_is_the_patriot_act.pdfWhat tools did the Patriot Act sanction in the war on terrorism?Web - Nine Ways You’re Being Spied on Every Dayhttp://www.huffingtonpost.com/2014/04/03/government-surveillance_n_5084623.htmlYouTube - Cops with Drones: Alameda Co., CA Weighs Technology v Privacy (8:22)https://www.youtube.com/watch?v=PX4oeZwwpqMCNET On Cars – Black Box: The Snitch Inside Your Car (3:04) https://www.youtube.com/watch?v=g8wEDlpP5n4Drastic Changes in Airport Security After 9/11 Stir Controversy (11:46) https://www.youtube.com/watch?v=LAmYzJ35RME NSA Whistleblower Edward Snowden: I Don’t Want to Live in a Society that Does
These Sort of Things (12:34) - https://www.youtube.com/watch?v=5yB3n9fu-rM
Closure - Exit Activity: Discussion ReviewAssessment (Summative) - Quiz on Material Covered in Class Formative Assessment - Preparation for Class/Time on TaskExtension Activity - Surveillance Self Defense - Electronic Frontier Foundation - https://ssd.eff.org/en
Due Process of LawDue Now Assignment - Review Material for QuizLesson Objective (Essential Question) - Is there justice for all in an adversarial legal system?Film - The Ox Bow Incident (1943) 75 minutesAgenda
Notes and LectureThe Founding Fathers saw the need to guarantee the safety of persons and property from capricious action Star Chamber Courts were a violation of justiceProsecutors were expected to operate in good faith in building a case for indictment before the grand jury A suspect’s life, liberty and property could only be taken away through due process of law A prosecutor was expected to listenA violation of due process could lead to a mistrialCitizens were not to take the law into their own handsUnder no circumstance was a defendant under obligation to incriminate himselfPhysical force or psychological torture was not be used to extract a confessionPsychological manipulation couldDue process also applies to the forfeiture of land to the stateThis is the principle of eminent domain
YouTube - Sanctuary! Charles Laughton The Hunchback of Notre Dame (4:52)https://www.youtube.com/watch?v=v_p8khzyK-E
Web - Congress Says Enough to Overzealous Prosecutors http://www.november.org/razorwire/rzold/10/1017.htmlWhat was the Citizen’s Protection Act of 1998? What did the act consider to be punishable conduct? YouTube - Presumed Guilty: Due Process Lessons of the Duke Lacrosse Case (12:39)
https://www.youtube.com/watch?v=mqt9OX-oAtUDarren Wilson Interview with George Stephanopoulos (9:50) https://www.youtube.com/watch?v=hhej1A7igtM
YouTube - Death Wish Subway Scene (2:54) - https://www.youtube.com/watch?v=of-57Ivfwz8 On Patrol with Arizona’s Minute Men (22:16) - https://www.youtube.com/watch?v=NkXjMvUy5ak
Bounty Hunters on the Run (46:00) - https://www.youtube.com/watch?v=6GyFbR6W3QAWeb - New Oklahoma Law Would Regulate Bounty Hunter Business http://www.newson6.com/story/21346691/new-oklahoma-law-wouldHow did Oklahoma Senate Bill 1013 propose to regulate the bounty hunting business?
Web - Miranda v Arizona (1966) - https://en.wikipedia.org/wiki/Miranda_v._ArizonaWhat were the circumstances in the case of Miranda v Arizona? What was the Court ruling?YouTube - NHD 2014 Washington State 1st Place Documentary - Miranda v Arizona Liberty and Justice for
All (10:00) - https://www.youtube.com/watch?v=Vfv0ksDreFw
Web - Common Interrogation Techniques - How Police Interrogation Workshttp://people.howstuffworks.com/police-interrogation1.htmList and explain Reid’s Nine Steps of Psychological ManipulationYouTube - Inside the Interrogation Room, Pts 1,2 (14:23)http://abcnews.go.com/Primetime/video/inside-interrogation-room-part-11529830
Web - Kelo v City of New London (2005) - https://en.wikipedia.org/wiki/Kelo_v._City_of_New_LondonWhat were the circumstances the case of Kelo v City of New London? What was the Court ruling?YouTube - Kelo v City of New London (6:05) - https://www.youtube.com/watch?v=4N1svadJQ40
Closure - Exit Activity: Discussion ReviewAssessment (Summative) - Quiz on Material Covered in ClassAssessment (Formative) - Preparation for Class/Time on TaskExtension Assignment - The Terrifying Future of the United States (11:57) http://stormcloudsgathering.com/the-terrifying-future-of-the-united-states
The Sixth and Seventh Amendments (6.1.12.A.14.b)Do Now Assignment - Review Material for Quiz Lesson Objective (Essential Question) - Is there justice for all in the United States legal system?Film - Twelve Angry Men (1957) 96 minutesAgenda
Notes and LectureThe measure of a civilization is how it treats people accused of a crime (Winston Churchill)The Sixth and Seventh Amendments set down guidelines to protect defendants on trialThe 1861 case of Ex parte Merryman suspended these rights in time of war or national emergency The ruling in the 1942 case of Ex parte Quirin extended this concept to the War on TerrorismUnless suspended, these Amendments guarantee: Notice of Accusation; Habeas Corpus; Speedy, Public Trial by Jury; Right to Counsel; Fair and Impartial Jury; Calling of Friendly Witnesses; Confrontation of Hostile WitnessThese rights are not absoluteThey may be waived by the defendantDespite the ruling in Gideon v Wainwright, a fully competent defendant may defend himself
The jury system has justice as its goal and guiding principle Essential to the process is the concept of reasonable doubt
Jury tampering is a felonyThere are those who maintain that the criminal justice system tampers with juries as exemplified by the: jury selection process; lack of jury anonymity; jury exclusion from judge-lawyer conferences; jury exclusion from access to all evidence and the trial circus atmosphereThe Fully Informed Jury Association also singles out failure to instruct jurors on jury nullificationIt insists that in non- violent cases the jury has the right to vote its conscienceAttempts to present this argument to prospective jurors has been cited as jury tampering YouTube - Closing Guantanamo (59:06) - https://www.youtube.com/watch?v=8bMrK5fgj5sAmerican Experience Scottsboro: An American Tragedy (First 40:50) https://www.youtube.com/watch?v=0KsS8IOcbig Web - Gideon v Wainwright - https://en.wikipedia.org/wiki/Gideon_v._WainwrightWhat wee the circumstances in the case of Gideon v Wainwright? What was the Court ruling?
Web - Jury Selection in Criminal Cases http://www.nolo.com/legal-encyclopedia/jury-selection-criminal-cases.htmlWhat is the process by which jurors are selected for criminal cases?
The Nation’s Leading Trial Consulting Firm: Decision Questhttp://www.decisionquest.com/Public/Home/index.cfmWhat services does a trial consulting firm provide in a criminal trial?
YouTube - The Juror (Film) 41:35-50:15 - https://www.youtube.com/watch?v=W3Elq5IxBA4Chicago 2002 Comedy Crime Movies Full Movie (1:04-52-1:13:03https://www.youtube.com/watch?v=Uk9WPOTdazY
YouTubeJulian Heicklen Talks about Jury Nullification Federal Courthouse West palm beach Florida 12-10-10 (3:58)https://www.youtube.com/watch?v=Re7Kbjxip5MRacially Bias Jury Nullification Professor Paul Butler on 60 Minutes (9:25)https://www.youtube.com/watch?v=e8eQ_EYwQQJury Nullification vs the Drug War: NJ Weedman on His Unlikely Marijuana Acquital (9:25)https://www.youtube.com/watch?v=c2iEDhThQ_U
Closure - Exit Activity: Discussion ReviewAssessment (Summative) - Quiz Tomorrow on Material Covered in ClassAssessment (Formative) - Preparation for Class/Time on TaskExtension Assignment - The Fully Informed Jury Association: Jury Nullification - http://fija.org/
The Eighth Amendment (6.1.12.A.14.b)Do Now Assignment - Review Material for Quiz Lesson Objective (Essential Question) - What is cruel and unusual punishment?Film - The Bird Man of Alcatraz (1962) 147 minutesAgenda
Notes and LectureThe Eighth Amendment was originally aimed at curbing the excessive use of royal powerThe process begins with a writ of habeas corpusThere must be legal justification for holding an individualOnce satisfied, the next step is bailBail serves to prevent the infliction of punishment prior to convictionIt also permits the unhampered preparation of a defenseIt is not an absolute rightIf convicted, the Amendment forbids the imposition of cruel and unusual punishmentClarence Darrow’s summation in Leopold and Loeb (1924) attacked capital punishmentI am a Fugitive from a Chain Gang (1932) helped raise awareness of prison abuses The Super max concept sparked additional controversy over prison’s psychopathological effectsFurman v George (1972) established four principles to determine cruel or unusual punishment
Debate became more intense when Gregg v Georgia (1976) reinstated capital punishment
It picked up speed in response to attempts to streamline due process for capital offensesLethal injection made the process easier to defendForensic technology has emerged as the salvation for the unjustly convicted
Web - Cruel and Unusual Punishment: constitution/Laws.comhttp://constitution.laws.com/the-supreme-court/cruel-and-unusual-punishmentWhat are the four principles used to determine whether a punishment is cruel or unusual?What is the gross disproportionality principle?
YouTube - I Am a Fugitive from a Chain Gang (Film) The Toughest Sheriff - Joe Arpaio (7:53) - https://www.youtube.com/watch?v=3gzlPOmaWeU
Web - Segregation Psychosis – Karen Franklin PhDhttp://www.karenfranklin.com/resources/segregation-psychosis/What are the psychopathological disturbances associated with solitary confinement?
YouTube - The Bird Man of Alcatraz (Film)National Geographic America’s Hardest Prisons: Inside Maximum Security (45:04) https://www.youtube.com/watch?v=WOLGCu2aH2ENo Way Out: Undercover in Solitary Confinement (8:12)https://www.youtube.com/watch?v=yBOVXZLm_A8
Web - Death Penalty - American Civil Liberties Unionhttps://www.aclu.org/files/FilesPDFs/deathpenalty.pdf
How does the ACLU describe capital punishment?How does poverty influence capital punishment?How does race? How does geography?How can capital punishment negatively affect the murder victim’s family? Society?
Google Video Search - 14yo George Stinney Executed - True Story (4:37) https://www.youtube.com/watch?v=BNarYKEaHgY
Orson Welles as Clarence Darrow in Compulsion (10:36) https://www.youtube.com/watch?v=CrjbL4eedkQ
How Lethal Injection Works (5:01) - https://www.youtube.com/watch?v=SfEwxhOn0IwThe Final 24 Hours (42:28) - https://www.youtube.com/watch?v=wkbI4EcOs9U
Closure - Exit Activity: Discussion ReviewAssessment (Summative) - Quiz Tomorrow on Material Covered in ClassAssessment (Formative) - Preparation for Class/Time on task
Extension Assignment - The Innocence Project Homepage: http://www.innocenceproject.org/
The Ninth Amendment (6.1.12.A.14.b)Do Now Assignment - Review Material for QuizLesson Objective (Essential Question) - What is a reasonable expectation of privacy?Film - You Don’t Know Jack (2010) 134 minutesAgendaNotes and Lecture
James Madison wanted the inclusion of forty two rights into the ConstitutionHe settled for tenThe Ninth Amendment was meant to guarantee protection of our non enumerated rights These are rights that flow from the natural rights of life, liberty, and the pursuit of happiness (property)Debate has raged over just what issues fall under the mantel of Ninth Amendment protectionSome of these issues may be considered controversialThey include: Child Rearing; Procreation; Marriage; Medical Treatment; Physician Assisted SuicideAll revolve around the principle of a reasonable expectation of privacy
Web - NJ Parents- School Choices - The State of NJ - http://www.state.nj.us/education/parents/choice.htmWhat is a Charter School? What is the Inter-district Public School Choice Program?What right does No Child Left Behind offer parents regarding the choice of school?
YouTube It’s Time for the Common Core Standards (4:07) - https://www.youtube.com/watch?v=FQHFCR4FflU
Examining the Dangers of Common Core with Dr. Duke Pesta (17:02) https://www.youtube.com/watch?v=dVDaY53ihiE
YouTube - Guess Who’s Coming to Dinner Speech (5:07) https://www.youtube.com/watch?v=d6QiEqWcYrA
Dr. Phil - Same Sex Marriage Right or Wrong- Proposition 8 - Pt ¼ (10:37) https://www.youtube.com/watch?v=5WGb4eQRg3YChristian Baker Can’t Refuse to Bake Cake for same Sex Wedding (4:38)https://www.youtube.com/watch?v=k7hlDsBO5Do
Web - Buck v. Bell (1924) - https://en.wikipedia.org/wiki/Buck_v._BellWhat were the circumstances in the case of Buck v. Bell? What was the Court ruling?What was the significance of Skinner v. State of Oklahoma (1942)?
Web - Griswold v. Connecticut (1965) - https://en.wikipedia.org/wiki/Griswold_v._ConnecticutWhat were the circumstances in the case of Griswold v Connecticut? What was the Court ruling?What was the legal significance of Roe v. Wade (1973)?
YouTube - Obama Administration-Catholic Leaders Clash over Contraception (8:17) http://www.pbs.org/newshour/bb/religion-jan-june12-catholics_02-06/
The American Prisons That Sterilized Female Inmates (17:40) - https://www.youtube.com/watch?v=ClKADICQCZc
Web - Karen Ann Quinlan - https://en.wikipedia.org/wiki/Karen_Ann_QuinlanWhat were the circumstances in the case of Karen Ann Quinlan?What advice had Pope Pius XII offered medical professionals in 1957?What is the legal significance of the Karen Ann Quinlan case?
Watch Serpent Pastor Mack Wolford Dies of Rattle Snake Bite (9:05) https://www.youtube.com/watch?v=vcMppxrb1_E
Closure - Exit Activity: Discussion ReviewAssessment (Summative) - Quiz Tomorrow on Material Covered in ClassAssessment (Formative) - Preparation for Class/Time on TaskExtension Assignment - The Right of Privacy: Is It Protected by the Constitution?
The Tenth Amendment (6.1.12.A.14.b)Do Now Assignment - Review Material for QuizLesson Objective (Essential Question) - What would be the effect of true implementation of the Tenth Amendment?Film - Sicko (2007) 123 minutesAgenda
Notes and LectureThe power of the federal government is subject to limitsThis does not apply to commerce or any of the enumerated powersSome believe that the Constitution’s necessary and proper clause sanctions implied powersThis elastic clause has long been challenged by proponents of state sovereigntyThey look upon it as federal intrusionThey resent withholding of funding when they fail to conform to federal guidelinesFederal intentions to abolish slavery were grounds for Civil WarThe imposition of Federal civil rights legislation in the war’s aftermath became a most volatile issueThe 18th Amendment ban on alcohol was hotly contested, noble, but foolish experimentThe New Deal was seen as a movement towards CommunismOpponents of Executive Order 13083 (1987) maintained that it read like a Constitutional death sentenceCommon Core Standards were a violation of states’ rightsPresident Obama’s National Health Plan was categorized as an example of socialized medicineThere are those who support a state sovereignty resolutionThe Tea Party sprung up to oppose the United States from becoming a European style social democracy
Web - Franklin D. Roosevelt: First Inaugural Address - http://historymatters.gmu.edu/d/5057/What common difficulties did Americans face in 1933? What did he believe the nation was asking for?Why did President Roosevelt’s inaugural address make some American’s uneasy?
YouTube - Separate but Equal (Doll Experiment 6:09) - https://www.youtube.com/watch?v=vG_N-Ja2x9c President Johnson and the Civil Rights Act of 1964 (15:07)
https://www.youtube.com/watch?v=y7lrS0sLrVEEyes on the Prize -05-Mississippi Is This America (55:09) https://www.youtube.com/watch?
v=QDKObod9sAw
Web - Power Grab by Executive Order - Phyllis Schlafly August 5… http://www.eagleforum.org/column/1998/aug98/98-08-05.htmlWhat did the Clinton Administration cite as the motivation for Executive Order 13083?Why is the author of this article so opposed to Executive Order 13083?
YouTube - Patient Protection and Affordable Care Act - Obama Cares! (9:05)https://www.youtube.com/watch?v=qNxgYjW3rc0Obamacare - Deconstructed (17:12) - https://www.youtube.com/watch?v=KxWMbqxgMDo
Web - Implementing the Tenth Amendment - http://www.sweetliberty.org/tenthamend.htm#.VeGTov-FOUkWhat was the motivation for a state sovereignty resolution? What does state sovereignty not preclude?How can the state counteract federal intrusion?What did Senator Charles Duke say the states could do to combat the judiciary system?
Web - Tea Party Supporters: Who They Are and What They Believehttp://www.cbsnews.com/news/tea-party-supporters-who-they-are-and-what-they-believe/Who are the Tea Party supporters? What do they believe?
YouTube BBC Documentary - Tea Party America (49.01) https://www.youtube.com/watch?v=WLAH8phraHIThe Newsroom -Tea Party Is the American Taliban (6:11) https://www.youtube.com/watch?v=yGAvwSp86hY
Closure - Exit Activity: Discussion ReviewAssessment (Summative) - Quiz Tomorrow on Material Covered in ClassAssessment (Formative) - Preparation for Class/Time on Task
