CHAPTER ONE Criminal Justice Essential Question: “How do we keep from convicting an innocent person?” Key Vocabulary Arraignment (p. 12) Arrest (p. 10) Bail (p. 11) Bench trial (p. 12) Bill of Rights (p. 7) Booking (p. 10) Civil Rights Act of 1964 (p. 4) Crime control model (p. 9) Criminal justice system (p.6) Due process (p. 9) Grand jury (p. 11) Formal sanctions (p. 6) Indictment (p. 11) Informal sanctions (p. 6) Jury trial (p. 12) Omnibus Crime Control and Safe Streets Act (p 5) Order maintenance (p. 7) Picket Fence Model (p. 7) Preliminary hearing (p. 11) Presumption of innocence (p. 9) Probation (p. 13) Parole (p. 13)Sentence (p. 12) Social norms (p. 6) System of social control (p. 6) The Law Enforcement Educational Program (LEEP) (p. 5) War on Crime (p. 4) War on Terrorism (p. 5) Vocabulary review and self-test available online at - http://quizlet.com/_k6vyp 1 Chapter One Pre-test Try to answer these questions – as we read, refer to this pre-test to see if you have found the correct answer. Enter the correct response and what page the information is on. LO1 What historical events influenced the development of our current criminal justice system? 1. Following the events of September 11, 2001, then President Bush declared a: a. War on Poverty. b. War on Terrorism. c. State of emergency. d. Foreign travel ban. 2. The Omnibus Crime Control and Safe Streets Act of 1968 created the: a. Law Enforcement Review Board. b. Law Enforcement Training Center. c. Law Enforcement Inspection Administration. d. Law Enforcement Assistance Administration. LO2 How does the balance between the need to maintain order and the rights and freedoms of individual citizens impact our criminal justice s 3. The enforcement of laws by the police, the courts, and correctional institutions comprise the: a. Due process model. b. Criminal justice system. c. Crime-control model. d. Consensus model. 4. Ensuring that citizens are protected from abusive power by government is known as: a. Civil process. b. Equal cause. c. Due process. d. Equal process. LO3: What are the strengths and weaknesses of the U.S. criminal justice system? 5. Criminal justice agencies are: a. Independent. b. Interdependent. c. United. d. All of the above. 6. Which of the following is not a correctional agency? a. Jail b. Prison c. Court d. Probation 2 LO4: What are the steps of the criminal justice system? 7. Which of the following pretrial activities would a suspect first encounter in the criminal justice process? a. Initial appearance b. Preliminary hearing c. Bond reduction hearing d. Request for a trial by jury 8. Who has the authority to decide which charges will be filed at the time of arraignment? a. The police b. The prosecutor c. The trial judge d. The police, prosecutor, and judge share equal authority. 3 IN – History and the CJ System Objective: You will understand that our Criminal Justice system is a product of historical and social events and be able to list, describe, and explain the significance of these events. Bellringer (5 minutes): What would our community be like without police? Our state? Our nation? 4 Lecture: As I present a short history of events that influenced the creation of modern law enforcement. As we go through the slides, fill out the organizer. The date is in the 1st column, the event in the second, and why it matters in the development of our CJ system in the third. Note there are TWO events in 2001 – and it is the only date box I have filled in. You can view this presentation at your convenience by going to this link http://wp.me/p2L1ac-8Y Year Event Why it matters… 5 Year Event Why it matters… 2001 (2 events) Which event do you think is the most significant (important) to your life? Why? Which event do you see the most evidence of in your daily life? Explain and give some examples. Exit Slip – Using the provided ‘Flutter’ write a 140 character (or less) statement of one thing you learned today that you can use in your life. 6 IN – 4 Factors leading to reform of the CJ System Objective: You will understand that the CJ system States developed to address the needs of the individual citizen and the good of the public order and be able to identify, summarize, and list results from the 4 major factors that shaped the system. First Things (5 minutes): What – in your opinion – is the greatest threat to the safety of your community or yourself? What steps has government taken to address this problem - or if they haven’t – what solutions would you recommend? Be prepared to turn and talk with a neighbor. 7 The book lists 4 major factors that influenced people to examine the role government was playing in keeping citizens safe and ensuring justice. Each issue has historical and contemporary significance. On the following pages write a summary of each factor and record results. An organizer is provided to help you. Make sure you note important vocabulary while you work. Include unfamiliar words so you can look them up later. The Civil Rights Movement and War Protests Summary Results Important Vocabulary The War on Crime Summary Results Important Vocabulary 8 The Omnibus Crime Control and Safe Streets Act (there is a lot of info here) Summary 9 Results Important Vocabulary Important terms used today include: The Civil Rights Act, the Omnibus Crime Control and Safe Streets Act, the War on Crime, LEEP, and the War on Terrorism. Define these terms on the notes pages provided at the end of this packet. Be prepared to use them in class and write good definitions in a vocabulary quiz. 10 IN – Balancing liberty and safety Objective: You will understand that there is a balance between law and order and the rights of individuals and will be able to explain how the US has evolved to try to accomplish these goals fairly. First Things (5 minutes): What is more important to you – freedom or safety? Explain your choice in the space provided. Be prepared to share with the class Task – Reading and Notes. While reading, check for essential vocabulary and possible corrections to the pre-test. I am having you use Cornell Notes for this reading. This is a very flexible and efficient note taking system. I started the first entry and we will complete it as a class. Then you are on your own! I will be around to assist. Don’t be surprised if I take yours to show to the class, so give me your best work. Task – the Bill of Rights. With a partner, read the Bill of Rights. Highlight the phrases that you believe address either the need to make and enforce laws or the need to protect rights. In the second column, put an L if you think it addresses laws or an R if you think it addresses rights. If you think it addresses both, choose the one you think is the best choice. ONLY ONE LETTER PER BOX! Be prepared to share out. Closure - Read the objectives and put a star next to items in your notes or the amendments activity that you think helps you answer this question… “How has the United States worked to balance the need to enforce laws and the desire to protect our individual freedoms?” I will call on students at random. 11 CRITICAL READING: CORNELL NOTES Chapter Section: Questions/Main Ideas/Vocabulary Aristotle thought we Needed laws because…. . . Summary: Name: Date: Period: Notes/Answers/Definitions/Examples/Sentences 1. We tend to react to fear and emotion instead of reason 2. People are subject to. . . 12 Amendments Amendment 1 Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. Amendment 2 A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. Amendment 3 No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law. Amendment 4 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. Amendment 5 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 offense 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. Amendment 6 In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence. Amendment 7 In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law. Amendment 8 Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. “L” or “R” 13 Amendment 9 The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. Amendment 10 The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. 14 IN – Defining the Criminal Justice System Objective: You will understand the US Criminal Justice system is a balancing act between law and liberty and you will be able to list and explain the strengths and weaknesses of our system of criminal justice. First Things (5 minutes): Do you think it is better to have laws that will let a guilty person go free or laws that could convict the innocent? Explain your response – be prepared to share with a neighbor or the class. Lecture – While I discuss the role of police, courts, and corrections and the Conflict and Consensus Models of Criminal Justice, please take notes (page 15) Task – Reading. When I assign the pages, you will use Cornell Notes to complete the reading assignment. Look for material to complement the lecture. Also pay attention to the ‘Picket Fence’ model and the author’s discussion on the conflict and due process approaches. There are several key terms in this reading – make sure you record them in your glossary. You should also consult the pre-test to see if you can make any corrections or confirm right answers. I will post the time allotted for this task on the board. If you have problems, let me know. Review of Notes and Questions Exit Slip (or homework) 15 Notes Police Courts Corrections 16 What does the Conflict Model believe? What is it based on? 17 What does the Consensus Model believe? What is it based on? Chapter Section: Questions/Main Ideas/Vocabulary Name: Date: Period: Notes/Answers/Definitions/Examples/Sentences 18 Summary: Chapter Section: Questions/Main Ideas/Vocabulary Name: Date: Period: Notes/Answers/Definitions/Examples/Sentences 19 Summary: Exit Slip - The ‘Something to Think About’ sidebar in today’s reading was about a SWAT officer whose department-issued cell phone was seized and searched. Officer Quon had sent and received hundreds of sexually explicit messages on that phone – to his wife and a mistress. The Ontario CA police department, his employer, disciplined him. He sued, claiming that his 4th amendment rights were violated. The Supreme Court ruled unanimously that the search did not violate his rights against unreasonable search and seizure. 20 On the paper provided, tell me if you agree or disagree with the court’s ruling. Explain why. IN – Steps of the Criminal Justice System Objective: You will understand the steps involved in the Criminal Justice system and be able to list and explain the significance of each step First Things (5 minutes): If you get sent out of the room, you will see Mr. Moore. He uses a ‘behavior matrix’ that lists offenses and consequences. Would you rather have school discipline handled on a case-by-case basis or using set rules like the matrix? Explain your reasoning. Lecture – We are going to discuss the steps of the Criminal Justice system. On pages 21 and 22, I have blank organizers that you can fill in while we go through the process. If you have questions, please raise your hand and we will address them. You might want to have the book open to pages 11 and 12 as reference. 21 22 23 IN – Review Objective: You will understand the key terms and concepts of chapter one and be able to respond to the chapter learning objectives. First Things (5 minutes): The Essential question for this chapter is “How do we keep from convicting an innocent person?” Briefly explain if you think the system we learned about in chapter 1 is successful in doing this. Lecture – Questions??? Task – Pretest Task – Addressing the Learning Outcomes….show what ya’ know! If you need more paper, I have lined paper available. Task – Classroom sharing You will have a chapter 1 test in our next meeting. You may not use your Interactive Notes or the text for any exam in this class. Study! 24 Learning Outcomes What historical events influence the development of our current criminal justice system? 25 How does the balance between the need to maintain order and the rights and freedoms of individual citizens impact our criminal justice system? What are the strengths and weaknesses of the U.S. criminal justice system? 26 What are the steps of the criminal justice system? Vocabulary – I have provided a few pages for you to keep the chapter 1 terms organized in one place. Add lined paper if you need more. 27 28 29