The Bill of Rights and the Criminal Trial Process
Course
Law
Enforcement I
Unit III
United States
Legal Systems
Essential
Question
Under the Bill of
Rights what
protections do
citizens have
during a criminal
trial?
TEKS
§130.293(c)
(5)(A)
Prior Student
Learning
Familiarity with
the Bill of Rights
Estimated Time
2 to 10 hours
Rationale
The Bill of Rights protects the rights of everyone involved in the criminal trial
process. Law Enforcement officers must understand the rights in order to
protect them.
Objectives
The students will be able to:
1. Define the participants involved in the trial process.
2. Discuss the amendments involved from the Bill of Rights.
3. Explain how police duties and responsibilities affect the trial process.
4. Explain how the Bill of Rights affects the Trial Process.
Engage
The Bill of Rights was established not only to protect the victim’s rights, but
also the rights of the accused. Use the following case study and questions
for discussion:
Case Study: a high school student became upset with her teacher and
created a social network page to make fun of her. The student identified her
teacher by name on the page and described her as “the worst teacher I’ve
ever met.” The student posted that the page was created for “those select
students who have had the displeasure of having [the teacher], or simply
knowing her and her insane antics. Here is the place to express your
feelings of hatred.” The student deleted the page after three days. The
principal learned of the social network page and suspended the student from
school. The student sued the principal. To read the full article do an
Internet search for the following: can you trash your teacher.
Why was the student suspended from school? Why did the student sue the
principal? How did the court rule when the principal requested a dismissal of
the case? Do you agree with the court’s ruling? Why or why not? Would
the First Amendment protection apply if the student had created the page to
mock another student, or if a teacher had used a page to complain about a
student? Why or why not?
Use the Discussion Rubric for assessment.
Key Points
I. Participants associated with the trial process
A. Judge – acts as a legal referee to ensure that proper trial procedure
is followed, and issues rulings on points of law. In a bench trial, the
judge gives the verdict in place of a jury.
B. Jury – present if demanded in a civil case, and present in a criminal
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case unless waived by the defendant
C. Plaintiff – in a civil case, the person who files the complaint
D. Defendant – person against whom a civil or criminal complaint is
filed
E. Defense Attorney – the lawyer representing the defendant
F. Prosecutor – in a criminal case, the lawyer who acts as the legal
representative of the people of the State in prosecuting the accused
defendant
G. Witness – gives testimony relating to the case during the trial
H. Court Reporter – records every word spoken during the trial on a
stenograph machine or a recording device
I. Deputy Sheriff or Bailiff – keeps order in the court, guards
defendants in criminal cases, and maintains custody of the jury
J. Clerk – maintains the court’s docket, court orders, and exhibits
during a trial
K. Police – entrusted to serve and protect the public, to control and
prevent crime
1. First Responding Officer – the first officer who responds and
arrives at the scene of a call requesting police assistance
2. Investigating Officer – the officer assigned to investigate a
criminal case
3. Arresting Officer – the officer who makes the arrest of the
accused
II. The Bill of Rights
A. Amendment I – 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.
B. Amendment II – 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.
C. Amendment III – 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.
D. Amendment IV – 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.
E. Amendment V – 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
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F.
G.
H.
I.
J.
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 VI – 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 defense.
Amendment VII – 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 reexamined in any court of the United States, than
according to the rules of the common law.
Amendment VIII – Excessive bail shall not be required,
nor excessive fines imposed, nor cruel and unusual
punishments inflicted.
Amendment IX – The enumeration in the Constitution, of
certain rights, shall not be construed to deny or disparage
others retained by the people.
Amendment X – 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.
III. Police Role in the Criminal Trial Process
A. Fourth Amendment (Unreasonable Search and Seizure)
1. Probable cause – reasonable information sufficient to
warrant a man of reasonable caution in the belief that an
offense has been, or is being, committed. Without
probable cause, the search is illegal, and the evidence
can be suppressed.
2. Reasonable suspicion – quantum of knowledge sufficient
to induce an ordinarily prudent and cautious man to
believe criminal activity is at hand, based on intelligible
facts (less demanding standard than probable cause).
B. Interrogation
1. Absence of lawyer (6th Amendment Right to Counsel)
2. Miranda Warning (5th Amendment, Self-Incrimination)
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C. Fruit of the Poisonous Tree
1. Evidence unlawfully obtained, and all other evidence
subsequently obtained, may be suppressed, thus,
becoming inadmissible in court.
IV. The Criminal Trial Process and the Bill of Rights
A. Amendment IV (Search and Seizure)
B. Amendment V (Grand Jury, Double Jeopardy, SelfIncrimination)
C. Amendment VI (Speedy Trial, Trial by Jury, Right to
Counsel, Right to Confront Accusers)
D. Amendment VII (Trial by Jury in Civil Cases)
E. Amendment VIII (Fines, Bail, and Cruel & Unusual
Punishment)
Activities
1. Have the students search the web using the key words Bill of Rights.
Students are to choose an amendment, place it with the supporting
information on a poster board, and present to class the importance of the
amendment to the trial process and individual rights. Use the
Presentation Rubric for assessment.
2. The students will break into three groups (prosecutors, defense attorneys
and judges). Using the scenarios listed in the scenario handout, the
prosecutors will argue why the search in each scenario was legal; the
defense attorneys will argue why the search in each scenario was illegal;
and the judges will hear the arguments from both sides, and decide
whether or not the search was legal. Use the Role Play Rubric for
assessment.
Assessments
Bill of Rights and the Criminal Trial Process Quiz and Key
Discussion Rubric
Individual Work Rubric
Presentation Rubric
Role Play Rubric
Materials
Bill of Rights and the Criminal Trial Process computer-based presentation
Bill of Rights and the Criminal Trial Process Key Terms handout
Bill of Rights and the Criminal Trial Process Scenario handout
Bill of Rights handout
Poster board and markers
Computers
Internet access
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Resources
Our Rights (First Edition), David Bodenhamer
http://www.sunnylandsclassroom.org/Asset.aspx?Id=1329
The Annenberg Classroom http://www.annenbergclassroom.org
Justice Learning http://www.justicelearning.org
Do an Internet search for the following:
 can you trash your teacher
 findlaw
Accommodations for Learning Differences
For reinforcement, students will list terms and explain what each participants’
duty is during a criminal case and trial. Use the Individual Work Rubric for
assessment.
For enrichment, students will compare and contrast Evan’s case
(engagement activity) with three landmark Supreme Court cases. Ask the
students: If you were the judge in the Evan’s case, which of these landmark
rulings (if any) would guide your reasoning and why?
 Tinker v. Des Moines (1969)
 Bethel School District v. Fraser (1986)
 Morse v. Frederick (2007)
Use the Individual Work Rubric for assessment.
State Education Standards
Texas Essential Knowledge and Skills for Career and Technical Education
§130.293. Law Enforcement I (One to Two Credits)
(5) The student explores the United States legal system and the
requirements for law enforcement. The student is expected to:
(A) explain how citizens are protected by constitutional laws of local,
state, and federal courts.
College and Career Readiness Standards
E. Technology
1. Use technology to gather information.
2. Use technology to organize, manage, and analyze information.
3. Use technology to communicate and display findings in a clear and
coherent manner.
4. Use technology appropriately.
5
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The Bill of Rights and the Trial Process Key Terms
Judge – acts as a legal referee to ensure that proper trial procedure is followed, and issues
rulings on points of law. In a bench trial, the judge gives the verdict in place of a jury.
Jury – present if demanded in a civil case, and present in a criminal case unless waived by the
defendant
Plaintiff – in a civil case, the person who files the complaint
Defendant – person against whom a civil or criminal complaint is filed
Defense Attorney – the lawyer representing the defendant
Prosecutor – in a criminal case, the lawyer who acts as the legal representative of the people
of the State in prosecuting the accused defendant
Witness – gives testimony relating to the case during the trial
Court Reporter – records every word spoken during the trial on a stenograph machine or a
recording device
Deputy Sheriff or Bailiff – keeps order in the court, guards defendants in criminal cases and
maintains custody of the jury
Clerk – maintains the court’s docket, court orders, and exhibits during a trial
Police – entrusted to serve and protect the public, to control and prevent crime
a. First Responding Officer – the first officer who responds and arrives at the scene
of a call requesting police assistance
b. Investigating Officer – the officer assigned to investigate a criminal case
c. Arresting Officer – the officer who makes the arrest of the accused
6
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The Bill of Rights and the Trial Process Scenario Handout
Scenario 1:
The police see James standing at a bus stop on a downtown street, in an area where there
is extensive drug dealing. The officers ask James if they can look in his bag and he says
yes. They open the bag and find drugs.
Scenario 2:
After Tyler checks out of a hotel, the cops ask the manager to turn over the contents of the
trash can, where they find notes planning a murder.
Scenario 3:
A student tells the principal that Julia, another student, is selling drugs on school grounds.
The principal opens Julia’s locker with a master key, finds drugs, and calls the cops.
Scenario 4:
The police let Sarah’s ex-boyfriend into her house to search for drugs. He gives the police
marijuana which he finds in her desk drawer.
Scenario 5:
Chris is stopped for going 52 in a 45 mph zone (with no other reason). The police search
the backseat of his car and find a gun.
Scenario 6:
Ray is seen shoplifting at the mall. The police chase him home and arrest him down the
street from his house. They search the house without a warrant and find a lot of stolen car
stereos.
Scenario 7:
The cops get a tip from an informant that Juan has counterfeit money. The police get a
warrant, and find the money right where the informant said it would be.
Scenario 8:
The police suspect Tiffany is receiving stolen goods. They go to her house and ask her
roommate if they can search the house. Her roommate says yes, and the police find stolen
items in Tiffany’s dresser.
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The Bill of Rights and the Criminal Trial Process
Amendment I – 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 II – 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 III – 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 IV – 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 V – 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 VI – 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 defense.
Amendment VII – 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 reexamined in any court of the United States, than according to
the rules of the common law.
Amendment VIII – Excessive bail shall not be required, nor excessive fines
imposed, nor cruel and unusual punishments inflicted.
Amendment IX – The enumeration in the Constitution, of certain rights, shall not be
construed to deny or disparage others retained by the people.
Amendment X – 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.
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Name:_________________________
Date:___________________________
The Bill of Rights and the Trial Process Quiz
1. _____The Bill of Rights is made up of which amendments?
a. 11-27
b. 1-27
c. 1-10
d. 5-10
2. _____Which of these best describes the First Amendment?
a. The rights given to those accused of a crime
b. The right to bear arms
c. The no quartering of rights
d. The rights essential to free people
3. _____Which of these is not protected by the First Amendment?
a. Freedom of speech
b. Freedom of press
c. Freedom of travel
d. Freedom of religion
4. _____The Fourth Amendment protects us from what?
a. Testifying against ourselves
b. Getting caught committing a crime
c. Unreasonable searches and seizures
d. Seizing our private property
5. _____Which of the following is not one of the rights of the accused protected by the Fifth
Amendment?
a. Protection against self-incrimination
b. Protection against double jeopardy
c. You cannot have life, liberty, or property taken away without due process of law
d. Right to a lawyer
6. _____The Eighth Amendment is focused on what?
a. Getting caught committing a crime
b. Excessive bail
c. Religion
d. Speedy trial
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7. _____The Sixth Amendment protects us from what?
a. Getting caught committing a crime
b. Excessive bail
c. Religion
d. Speedy trial
8. _____Trial by jury in a civil case applies to which amendment?
a. 2nd
b. 3rd
c. 5th
d. 7th
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The Bill of Rights and the Trial Process Quiz Key
1.
2.
3.
4.
5.
6.
7.
8.
C
D
C
C
B
B
D
D
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Name_______________________________________
Date_______________________________
Discussion Rubric
Objectives
4 pts.
Excellent
3 pts.
Good
2 pts. Needs Some
Improvement
1 pt. Needs Much
Improvement
N/A
Pts.
Participates in group discussion
Encourages others to join the
conversation
Keeps the discussion progressing
to achieve goals
Shares thoughts actively while
offering helpful recommendations to
others
Gives credit to others for their ideas
Respects the opinions of others
Involves others by asking questions
or requesting input
Expresses thoughts and ideas
clearly and effectively
Total Points (32 pts.)
Comments:
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Name______________________________________
Date_______________________________________
Individual Work Rubric
4 pts.
Excellent
Objectives
3 pts.
Good
2 pts. Needs Some
Improvement
1 pt. Needs Much
Improvement
N/A
Pts.
Follows directions
Student completed the work as directed,
following the directions given, in order and to the
level of quality indicated
Time management
Student used time wisely and remained on task
100% of the time
Organization
Student kept notes and materials in a neat,
legible, and organized manner. Information was
readily retrieved
Evidence of learning
Student documented information in his or her
own words and can accurately answer questions
related to the information retrieved
*Research/Gathering information (if relevant)
Student used a variety of methods and sources
to gather information. Student took notes while
gathering information
Total Points (20 pts.)
Comments:
13
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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
14
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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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