The Impact of Public Opinion and the
Legislature on the Court System
Course
Court Systems
and Practices
Unit III
Constitutional
Considerations
Essential
Question
How does public
opinion affect the
court system?
TEKS
§130.296(c)
(1)(I)
Prior Student
Learning
How laws are
made
Estimated Time
4 to 6 hours
Rationale
The court system is not an independent branch of the government unaffected
by other sources. It is important to know what influences the way our justice
system works to avoid frustration and misunderstanding.
Objectives
The student will be able to:
1. Identify factors that influence the court system
2. Describe real life cases that have been affected by these factors
3. Construct a case that is sensitive to the public’s desire for justice
4. Critique other students’ ability to judge the public opinion’s influence on
a mock trial
Engage
Have students brainstorm about a law they think needs to be passed or that
needs to be removed. If necessary, have them scan the penal code to see
what laws are currently on the books. Next, have the students write a
proposal describing their position, why the public would agree with them, and
why the state legislature would pass their request. Have them explain how
this would impact the court system and then present their proposal to the
class. The students may use computer-based presentation software or other
presentation materials. Use the Writing and Presentation Rubrics for
assessment.
Key Points
I. Public Opinion
A. What the majority of the public thinks about a topic
B. It is measured through many things such as
1. Polls and surveys
2. Elections
II.
The Legislature
A. The branch of government that makes the laws on which the court
system rules
B. In the end, the legislature is influenced by public opinion since
lawmakers are elected officials that must keep their constituents
happy to get reelected
III. How Public Opinion Affects the Court System
A. Many times judges hold elected positions. If the majority of their
voters do not agree with their philosophy on a ruling, they can be
voted out. The elected judge may have this in mind as he or she
makes decisions
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B. District attorneys are elected for each county and are the ones who
make the ultimate decision on whether or not to prosecute
someone, and how they should prosecute
C. If there is a jury trying the case, they may have to be sequestered so
they are not influenced by the media
D. Jury members may not want to face scrutiny for their decisions,
especially if they had already prejudged the case or know how their
friends and family members would think about the case
IV. How the Legislature Affects the Court System
A. The legislature determines what is or is not a crime, thus
determining what cases the court gets to decide
B. The legislature passes laws that may affect the way courts function:
1. Mandatory sentencing
2. The class of the crime and what court hears it, such as a
misdemeanor instead of a felony court
V.
How the Court System Affects Itself
A. If a similar case has been ruled on before, the judge may lean on
the precedent already set
B. This occurs throughout the country with Supreme Court decisions
C. Other relevant cases are automatically decided or reversed based
on what the Supreme Court rules
D. Lawmakers then decide what could or could not be considered to be
against the law based on how the courts have ruled on similar laws
and issues
VI. Historical Influence
A. In the past, there was a private prosecution system where victims
had the power and responsibility to prosecute crimes
B. By the time of the American Revolution a public prosecution system
was in place
C. Crimes became public concerns instead of private concerns
D. It was not as much about the individual being the victim as society
being the victim
E. This kept sentences from being as vindictive
F. Starting in the 1960s, the pendulum started to swing the other way
with more emphasis on the individual instead of the community
VII. Factors of Influence
A. Politics
B. The type of crime or issue
C. The victim
D. The suspect
E. The media
F. Lobbyists
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G. Religion
H. The public’s knowledge or lack of knowledge about an issue
VIII. Politics
A. This ties back to the legislature and elections
B. There are normally two philosophies that dominate law makers and
judges:
1. Liberalism
2. Conservatism
C. Liberals
1. Value self expression
2. Value individual privacy such as matters of religious or sexual
preferences
3. Demand social control in the commercial sphere, at the work
place, and in the stock markets
D. Conservatives
1. Focus on self control in individual privacy matters
2. Defend untempered self expression in the commercial sphere
for employers and producers
3. Oppose government restrictions on the marketplace
IX. Type of Crime or Issue
A. People are opinionated about certain crimes or topics. Lawmakers
and courts may have to vote or decide on these issues with public
opinion in mind. Some of them are
1. The death penalty
2. Gay marriage
3. Abortion
4. Sex crimes
5. Healthcare
6. Gun rights
B. If someone has been a victim or suspect of a specific crime some
people may react to it in ways that others would not
X.
Type of Victim or Suspect
A. Decisions of the court system have shown to be greatly affected by
who the victim is. Some of the factors that influence these decisions
1. Social class
2. Sex
3. Race
4. Age
5. Celebrity status
a. Most people agree that O.J. Simpson was found not guilty
for the double murder charge because of his status
b. The same applies for Michael Jackson and his sex crime
charges
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c. On the other hand, former New York Giants wide receiver
Plaxico Burress received the maximum amount of
punishment for illegally carrying a gun in New York City
because the district attorney wanted to make an example
of him
B. Those who know the suspect or victim may have a certain opinion
about how the case should be handled
XI. Media
A. The news agencies and newspapers have a lot of power in deciding
what they will or will not cover
B. If they don’t bring a certain topic to light, the public may not be
aware of it enough to form an opinion
C. If the reporter has a bias for or against the topic, they may cover the
topic a certain way but exclude certain facts and try to influence
what the public thinks about it
D. What people see in the movies or on television influences them.
This can be a problem because
1. Sometimes the producers have a bias and are trying to appeal
to people’s emotions about a topic while excluding some of the
facts
2. Producers and actors are in the business to make money and
are more concerned about the entertainment value instead of
making sure all of the facts are right
XII. Lobbyists
A. People who are paid by companies or organizations to represent
their interests to lawmakers and influence the way lawmakers vote
in favor of whom they represent
B. Lots of money is paid to lobbyists to do this
C. The more money an effort has, the better representation and
influence they have with lawmakers
XIII. Religion
A. Many people form their beliefs about issues based on their religion
B. A lot of religions have common beliefs on the same issues
C. Protest groups and lobbyists may represent groups made up mostly
of religious people with these shared beliefs on a particular topic
XIV. The Public’s Knowledge or Lack of about the Crime or Issue
A. Wrong perception of the crime or issue
1. The public may want harsher penalties on crimes that
statistically are not as bad as the media claims
2. The public may not realize the impact certain laws will have,
even on their own way of life, until after they are passed
B. Incorrect perceptions of the criminal justice system that have the
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public demanding harsher penalties
1. Assumptions that criminals do not take responsibility for their
actions
2. Belief that prisoners do not do anything in prison but watch
television and don’t serve their whole prison sentence
C. The public has the tendency to see itself as a potential victim
instead of a potential suspect of a crime
Activities
1. Have students complete The Impact of Public Opinion Open-note Quiz.
2. Have each student research and present the results of one of the following.
The students may use computer-based presentation software or other
presentation materials. Use the Presentation Rubric for assessment:
 A famous law or punishment that was brought about or struck down
because of public opinion
 An infamous case that was heavily influenced by public opinion or
seemed to have excessively harsh or lenient punishments because of the
factors involved
3. Have students participate in a mock trial activity with a prosecutor and
judge or jury who must make decisions about cases with the class
opinion in mind. At the beginning of the lesson choose a student to play
the role of a police officer. The officer is responsible for writing tickets to
those who violate school rules (such as chewing gum in class, etc.) or
established class rules.
At the end of the lesson have a student (or students) play the role of the
prosecutor. The prosecutor is responsible for deciding which cases to
prosecute and the punishments to seek for those cases. Have the class
conduct a mock trial for each case.
The responsibilities of the other roles are as follows:
 the defendant chooses a defense attorney if he or she desires
 the judge (or jury) decides on the case
 the prosecutor (while choosing what to prosecute) and judge or jury
must balance between what the legislature (teacher) will approve and
what their classmates will think of the decision
 the legislature decides if the law should be changed in the future based
upon how the prosecutor approaches the case
If the teacher and the class agree with the verdict and punishment then
everyone except the defendant can receive extra credit. If only the
teacher or only the class agree with the verdict, then all those involved
and the defendant split the extra credit. If neither the teacher, nor the
class agrees with the verdict, then only the defendant and their attorneys
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get the extra credit. The Role Play and Debate Rubrics may be used for
assessment.
Assessments
The Impact of Public Opinion Exam and Key
The Impact of Public Opinion Open-note Quiz and Key
Debate Rubric
Presentation Rubric
Research Rubric
Role Play Rubric
Writing Rubric
Materials
The Impact of Public Opinion computer-based presentation
Computers with Internet access
Presentation materials or computer-based presentation software
Resources
0201622742, It’s All The Rage: Crime and Culture, Wendy Kaminer, 1995.
Accommodations for Learning Differences
For reinforcement, students will research one of the factors of influence and
research it more thoroughly. They will find specific examples of when these
factors work and present what they discover to the class. Use the Research
Rubric for assessment.
For enrichment, students will research the effect the death penalty has or has
not had on homicide rates and how accurate the public’s perception of its use
is. Use the Research Rubric for assessment.
State Education Standards
Texas Essential Knowledge and Skills for Career and Technical Education
§130.296. Court Systems and Practices (One to Two Credits).
(1)
The student examines the structure of the legal system in the
United States. The student is expected to:
(I)
explore the impact of public opinion and the legislature on
the court system in the United States.
College and Career Readiness Standards
Cross-Disciplinary Standards
I. Key Cognitive Skills
A. Intellectual curiosity
1. Engage in scholarly inquiry and dialogue.
2. Accept constructive criticism and revise personal views when valid
evidence warrants.
B. Reasoning
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1. Consider arguments and conclusions of self and others.
2. Construct well-reasoned arguments to explain positions or lines of
reasoning.
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Name________________________________ Date__________________________
The Impact of Public Opinion Exam
Matching. Answers may be used more than once.
_____1. The judge may lean on this if a similar issue has been ruled on before.
_____2. Passes laws that may affect the way courts function.
_____3. What the majority of the public thinks about a topic.
_____4. These are elected positions for each county; the ones who make the ultimate decision
about whether to prosecute someone or how they should prosecute.
_____5. Determines what is or isn’t a crime, thus determining what cases the court gets to
decide on.
_____6. People who are paid by companies or organizations to represent their interests to
lawmakers and influence the way lawmakers vote.
_____7. These may not want to face scrutiny for their decisions, especially if they had already
prejudged the case or know how their friends and family members would think about
the case.
_____8. The branch of government that makes laws on which the court system rules.
Answers:
a. Public opinion
b. The legislature
c. District Attorneys
d. Lobbyists
e. Jury members
f. Precedent
_____9. How is public opinion measured?
a. Polls
b. Elections
c. Surveys
d. All of the above
_____10. Who are or can be elected officials that must vote or decide a certain way to keep
their constituents happy so they can be reelected?
a. Lawmakers
b. Newspaper reporters
c. Judges
d. A and C only
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_____11. Suggested sentencing is an effective way for the legislature to affect the way courts
function.
a. True
b. False
_____12. Classifying a crime as a misdemeanor or felony is an effective way for the legislature
to effect the way courts function.
a. True
b. False
_____13. Crime has always been prosecuted in a public manner.
a. True
b. False
_____14. More emphasis in our society is being place on
a. The individual
b. The community
_____15. Who focuses on self-control in individual privacy matters?
a. Liberals
b. Conservatives
_____16. Who values self-expression?
a. Liberals
b. Conservatives
_____17. Who demands social control in the commercial sphere?
a. Liberals
b. Conservatives
_____18. Who opposes government restrictions on the marketplace?
a. Liberals
b. Conservatives
_____19. Who defends untempered self-expression in the commercial sphere for
employers and producers?
a. Liberals
b. Conservatives
_____20. Who values individual privacy, such as matters of religious or sexual
preferences?
a. Liberals
b. Conservatives
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The following answers are descriptions of the factors of influence that are listed below.
Each answer may be used more than once.
a. The type of crime or issue
b. The type of victim or suspect
c. The media
d. Lobbyist
e. Religion
f. Public’s knowledge about the issue
_____21. The public may want harsher penalties on crimes that statistically are not as bad as
the media claims
_____22. Social class, sex, race, age, celebrity status
_____23. Sometimes the producers have a bias and are trying to appeal to people’s emotions
about the topic while not including all of the facts
_____24. If the reporter has a bias for or against the topic, they may cover the topic a certain
way but not include certain facts, and try to influence what the public thinks about it
_____25. Because of someone’s past he or she may react to it in a way that others would not
have otherwise
_____26. Belief that prisoners do not do anything in prison but watch television and don’t serve
their whole prison sentence
_____27. Producers and actors are in the business to make money and are more concerned
about the entertainment value instead of making sure all of the facts are right
_____28. The more money an effort has, the better representation and influence they have with
lawmakers
_____29. Many people form their beliefs about issues based on this
_____30. The public may not realize the impact certain laws will have even on their own way of
life until after they are passed
_____31. Those who know these may have an opinion about how the case should be handled
_____32. A lot of these types have common beliefs on the same issues
_____33. The public has the tendency to see itself as a potential victim instead of a potential
suspect of a crime
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The Impact of Public Opinion Exam Key
1. f
2. b
3. a
4. c
5. b
6. d
7. e
8. b
9. d
10. d
11. b
12. a
13. b
14. a
15. b
16. a
17. a
18. b
19. b
20. a
21. f
22. b
23. c
24. c
25. a
26. f
27. c
28. d
29. e
30. f
31. b
32. e
33. f
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Name________________________________ Date__________________________
The Impact of Public Opinion Quiz
1. What the majority of the public thinks about a topic is called?
2. What is the branch of government that makes laws that the court system rules on;
determines what is or is not a crime, thus determining what cases the court gets to decide
on; and passes laws that may affect the way courts function?
3. Who are the elected positions for each county who are the ones that make the ultimate
decision about whether or not to prosecute someone or how they should prosecute?
4. Who are people who are paid by companies or organizations to represent their interests to
lawmakers and influence the way lawmakers vote?
5. Who may not want to face scrutiny for their decisions, especially if they had already
prejudged the case or know how their friends and family members would think about the
case?
6. The judge may lean on this if a similar issue has been ruled on before.
7. How is public opinion measured?
a.
b.
c.
8. Who are or can be elected officials that must vote or decide a certain way to keep their
constituents happy so they can be reelected?
a.
b.
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9. How do legislatures affect the court system?
a.
b.
c.
10. What kind of prosecution system have we had in the past where the victim had to do the
prosecuting?
11. Since the 1960s, what has society placed more emphasis on?
12. Who focuses on self-control regarding individual privacy matters?
13. Who values self-expression?
14. Who demands social control in the commercial sphere?
15. Who opposes government restrictions on the marketplace?
16. Who defends untempered self-expression in the commercial sphere for employers and
producers?
17. Who values individual privacy such as matters of religious or sexual preferences?
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The following are descriptions of the factors of influence.
18. Because of someone’s past he or she may react to an issue in a way that others would not
19. How social class, sex, race, age, or celebrity status can influence a case
20. Those who know them may have a certain opinion about how the case should be handled
21. Sometimes the producers have a bias and are trying to appeal to people’s emotions about
the topic while not including all of the facts; they may cover the topic a certain way but
exclude facts and try to influence what the public thinks about it; producers and actors are in
the business to make money and are more concerned about entertainment value instead of
making sure all of the facts are right
22. The more money an effort has, the better representation and influence they have with
lawmakers
23. Many people form their beliefs about issues based on this, and a lot of these types have
common beliefs on the same issues
24. They may not realize the impact certain laws will have, even on their own way of life, until
after they are passed; they have a tendency to see themselves as potential victims instead
of potential suspects of crime; they may have the belief that prisoners do not do anything in
prison but watch television, and don’t serve their whole prison sentence; and they may want
harsher penalties on crimes that statistically are not as bad as the media claims.
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The Impact of Public Opinion Quiz Key
1. Public opinion
2. The legislature
3. District Attorneys
4. Lobbyists
5. Jury members
6. Precedent
7. a. Polls
b. Surveys
c. Elections
8. a. Lawmakers
b. Judges
9. a. Determine what is or isn’t a crime, thus determining what cases the court gets to
decide on
b. Determine mandatory sentencing
c. Determine the class of a crime
10. Private
11. The individual
12. Conservatives
13. Liberals
14. Liberals
15. Conservatives
16. Conservatives
17. Liberals
18. The type of crime or issue
19. The type of victim or suspect
20. The type of victim or suspect
21. The media
22. Lobbyists
23. Religion
24. Public’s knowledge about the issue
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Name:____________________________________
Date:_____________________________________
Debate Rubric
Objectives
4 pts.
Excellent
3 pts.
Good
2 pts. Needs Some
Improvement
1 pt. Needs Much
Improvement
N/A
Pts.
Information
Clear, accurate and thorough
Facts, statistics and/or examples
used to support major points.
Communication
Respectful body language
Respectful responses
Focused/On-topic
Sarcasm avoided
Participation
Full participation
Attentive listening
Total Points (32 pts.)
Comments:
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Name:____________________________________
Date:_____________________________
Presentation Rubric
4 pts.
Excellent
Objectives
3 pts.
Good
2 pts. Needs
Some
Improvement
1 pt. Needs
Much
Improvement
N/A
Pts.
Topic/Content
 Topic discussed completely and in-depth
 Includes properly cited sources (if used)
Creativity/Neatness
 Integrates a variety of multimedia
effects to create a professional
presentation (transition and graphics)
or appropriate visual aid used
 Title slide, table of contents,
bibliography are included, using
acceptable format
Mechanics
 Grammar, spelling, punctuation, and
capitalization are correct
 Image and font size are legible to the
entire audience
Oral Presentation
 Communicates with enthusiasm and eye
contact
 Voice delivery and projection are
dynamic and audible
Audience Interaction
 Presentation holds audience’s attention
and relates a clear message
 Clearly and effectively communicates the
content throughout the presentation
Total Points (20 pts.)
Comments:
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Name______________________________________
Date_______________________________________
Research Rubric
4 pts.
Excellent
Objectives
3 pts.
Good
2 pts. Needs Some
Improvement
1 pt. Needs Much
Improvement
N/A
Pts.
Question/goal
Student identified and communicated a question
or goal of the research
Research/Gathering information (if relevant)
Student used a variety of methods and sources
to gather information. Student took notes while
gathering information
Conclusion/Summary
Student drew insightful conclusions and
observations from the information gathered.
Information is organized in a logical manner
Communication
Student communicated the information gathered
and summary or conclusions persuasively.
Student demonstrated skill in the use of media
used to communicate the results of research
Reflection
Student reflected on the importance of the
research and its potential application
Total Points (20 pts.)
Comments:
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Name:____________________________________
Date:_____________________________
Role Play Rubric
Objectives
4 pts.
Excellent
3 pts.
Good
2 pts. Needs Some
Improvement
1 pt. Needs Much
Improvement
N/A
Pts.
Relates to the audience
Provides fluent rendition of the
scenario
All required content is included
Acts with feeling and expression
Varies intonation
Presents characters appropriately
Gives the scenario its full range
Breaches are easily identified
Total Points (32 pts.)
Comments:
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Name:____________________________________
Date:_____________________________
Writing Rubric
4 pts.
Excellent
Objectives
3 pts.
Good
2 pts. Needs Some
Improvement
1 pt. Needs Much
Improvement
N/A
Pts.
The writing has all required parts from
introduction to conclusion in smooth
transition.
The writing is interesting, supportive,
and complete.
The writing demonstrates that the
writer comprehends the writing
process.
Accurate spelling, grammar, and
punctuation
The content of paragraphs
emphasizes appropriate points.
The writer shows an understanding of
sentence structure, paragraphing, and
punctuation.
All sources and references are clearly
and accurately documented.
Total Points (28 pts.)
Comments:
20
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