The Making of Laws
Course
Principles of
LPSCS
Unit I
History and
Development of
Criminal Law
Essential
Question
Where do our
laws come from
and how do they
apply?
TEKS
§130.292(c)
(7)(A)(B)(C)
(D)(E)(F)
Prior Student
Learning
None
Estimated Time
6 hours
Rationale
Students must understand the history of our laws and the impact that each
one has on our rights as citizens of the United States. It is important to know
the source of our laws, and the elements and classifications of crimes.
Objectives
The student will be able to:
1. Identify the sources and origins of laws in the United States.
2. Explain the impact of the United States Constitution and Bill of Rights
on criminal law in regard to the rights of citizens.
3. Analyze the impact of constitutional law on the police as it relates to
arrest, use of force, and search and seizures.
4. Differentiate between crimes classified as felonies or misdemeanors
and the punishments for each.
5. Analyze the essential elements and classifications of a crime.
6. Identify the problems commonly associated with the enforcement of
criminal laws.
7. Outline the process by which laws are enacted.
Engage
Give each student a Landmark Supreme Court Case Worksheet. Students
will research the news using computers with internet access. They may
work in pairs or individually. Students will look up each of the Supreme
Court cases and match the findings of the court to the associated case. Use
the Landmark U.S. Supreme Court Decisions Worksheet Key for
assessment.
Key Points
I. Sources of Law
A. Federal – these laws come from the U.S. Constitution, U.S. Criminal
Codes, Judicial decisions (case law), and executive orders from the
President.
B. State – these laws come from state constitutions, state criminal
codes, and common law.
C. Local – these laws come from city and county charters, city and
county ordinances, common law, and judicial decisions interpreting
codes (case law).
II. Historical Origins
A. The Code of Hammurabi – the earliest example of legal codes
governing both criminal and civil cases. 282 codes from early
Babylon.
B. The Magna Carta – secured civil and criminal rights for English
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noblemen, and is similar to America’s Bill of Rights
C. English Common Law – unwritten, simply stated laws based on
traditions and common understandings from a time when most
people were illiterate
D. The English Bill of Rights – established certain, guaranteed
freedoms of citizens
III. The Bill of Rights’ Influence on Criminal Law
A. First Amendment – establishes fundamental freedoms to express
oneself
B. Second Amendment – gives citizens the right to arm themselves
and protect their property
C. Fourth Amendment – governs all laws relating to arrest, search and
seizure, and the rights citizens have to privacy
1. The authority for arrest comes from the Code of Criminal
Procedure (CCP) 15.22
2. The elements of arrest (See Activity 1)
a) Intent
b) Authority
c) Custody (Seizure or Detention)
d) Understanding of subject
3. Levels of proof
4. Guidelines for arrest
a) An arrest may be made anytime of the day or night (CCP
15.23)
b) When making an arrest, all reasonable means are
permitted to affect it. No greater force, however, shall be
resorted to than is necessary to secure the arrest and
detention of the suspect (CCP 15.24).
5. Temporary detention
a) Reasonable suspicion
b) Activity occurring/just occurred
c) Person connected to the activity
d) Limited time
e) Florida v. Royer
1) Investigative detention
2) No longer than necessary
3) The scope of the detention matches the justification
6. Stops are justified if
a) No “fitting” time or place
b) Description of a wanted person
c) Emotional, frightened, or intoxicated
d) Running, furtive movements
e) Loitering, hanging out, or acting as a “look out”
f) Crime scene area
7. Terry Frisk
a) Terry v. Ohio
b) Unusual Conduct
c) May be armed and dangerous
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d) Protection of self and others
e) Suspicion of crime and the weapon to be used
f) Careful pat of outer clothing
g) Alone and no backup
h) Emotions or behavior of suspects
8. Search –prying into hidden places for that which is concealed
9. Search warrant requirements
a) Definition (CCP 18.01)
b) Neutral and detached magistrate
c) Probable cause or staleness
d) Sworn affidavit
e) Must include
1) The specific offense committed
2) The specific property to be seized
3) The property is at a place to be searched
10. Search beyond a warrant
a) Protective sweep
b) Prevent the destruction of evidence
c) Discover more, or possible, evidence in plain view
elsewhere on the property
d) Hunt for evidence or contraband that, as a result of the
initial search, is believed to exist in another location on the
property
11. Exceptions to search warrants
a) Vehicles
b) Open fields
c) Anything with consent
d) Abandoned property
e) Inventory
f) Plain view
12. Searches at schools
a) Backpack searches
b) Locker searches
c) Vehicles searches
d) Strip searches
e) The use of metal detectors
f) The use of drug dogs
g) Consent to search
13. Plain View Doctrine
a) Coolidge v. New Hampshire
b) The initial intrusion must be lawful or in proper position to
view the property.
c) The discovery must be inadvertent.
d) It must be immediately apparent that the items are
evidence of a crime, contraband, or subject to seizure.
14. The Exclusionary Rule (CCP 38.23)
a) No evidence shall be admitted into a criminal trial that was
obtained in violation of constitutional rights.
b) Mapp v. Ohio
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c) Illegally seized evidence could be excluded from both state
and federal cases
D. Fifth Amendment
1. Grand jury
2. Double jeopardy
3. Self-incrimination
4. Due process
5. Just compensation for government takings
E. Sixth Amendment
1. Speedy and public trial
2. Impartial jury
3. Informed of nature and cause of the accusation
4. Confrontation of witnesses
5. Compulsory process of witnesses
6. Right to an attorney
F. Eighth Amendment
1. No excessive bail
2. No excessive fines
3. No cruel and unusual punishment
IV. Elements of a crime
A. Actus Reus
1. The action of a person committing a crime as defined by law,
the acts are voluntary, and it can be failure to act. The actus
reus of some crimes does not require a bodily or physical action
and can consist of verbal actions.
2. The criminal intent of a crime may be the failure to act when a
legal duty to act exists.
3. Possession of an illegal or prohibited item can constitute actus
reus.
a) Constructive possession – does not have physical or
actual possession of an illegal item but exercised care,
custody or control over the contraband, knowing it was
illegal
b) Knowing possession – a person has actual possession and
knows that the item is illegal.
c) Mere possession – a person has actual possession of an
illegal item, but does not know it is illegal.
B. Mens Rea
1. The state of mind and intent of a person committing the act of a
crime (actus reus)
a) General intent – the logical outcomes associated with a
criminal act
b) Transferred intent – a person injured another but did not
intend to harm the other party.
c) Constructive intent – the actor did not intend to harm
anyone but should have known that his or her behavior
created a high risk of injury.
2. Strict liability – actions do not require criminal intent to be
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defined as crimes, such as parking violations
C. Inchoate Offenses
1. Solicitation – the incomplete crime: urging, requesting, or
commanding another person to commit a crime
2. Conspiracy – a criminal act requiring no action other than
communication
3. Attempt – a criminal act amounting to more than mere
preparation
V. Classification of Crimes
A. Misdemeanor – less serious criminal conduct punishable by
incarceration for less than one year
1. Class C – up to a $500 fine (ticket)
2. Cannot be arrested for
a) Speeding
b) Open Container
3. Class B – up to 180 days in jail and a $2,000 fine
4. Class A – up to 2 years in jail and a $4,000 fine
B. Felonies
1. State Jail (SJF) – 180 days-2 years and a $10,000 fine
2. 3rd degree – 2-10 years in prison and a $10,000 fine
3. 2nd degree – 2-20 years in prison and a $10,000 fine
4. 1st degree – 5-99 years in prison and a $10,000 fine
5. Capital – death or life without parole
C. Crimes Against Persons – crimes that target a person as a victim of
the crime
1. Homicide
2. Robbery
3. Sexual Assault
4. Assault
D. Crimes Against Habitations – crimes associated with one’s dwelling
or associated building
1. Burglary
2. Arson
3. Criminal trespass
E. Crimes Against Property – crimes associated with one’s belongings
1. Theft
2. Forgery
3. Fraud
4. Criminal Mischief
5. Reckless Damage
6. Graffiti
7. Unauthorized Use of a Motor vehicle
F. Crimes Against Public Order
1. Public Intoxication
2. Disorderly Conduct
3. Riot
4. Harassment
5. Cruelty to Animals
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6. Dog Fighting
G. Crimes Against Public Morals
1. Prostitution
2. Possession of child pornography
3. Gambling
4. Driving while intoxicated
5. Engaging in organized crime
H. Problems with enforcement – the justice system is overseen by laws
which we are to follow. Such laws can come from court procedures,
rules of evidence, and police procedures.
I. Rules of Evidence – stipulate the requirements for introducing
evidence, and define the qualifications of an expert witness and the
nature of the testimony he or she might give
J. Exclusionary Rule – prohibits the use of evidence or testimony
obtained in violation of the U.S. Constitution
K. Fruit of the Poisoned Tree Doctrine – extends the exclusionary rule
to secondary evidence obtained indirectly in an unconstitutional
search
VI. Procedures for Enacting Laws
A. The idea is formatted in the written form of a Bill.
B. The Bill is sent to a congressional committee.
C. The Bill goes to the House for a vote; if it does not pass, it dies.
D. If the Bill passes the House vote, it proceeds to the Senate.
E. The Senate passes the Bill.
F. The bill is sent to the President for a signature.
G. If the President fails to sign, the Bill goes back to the committee.
H. If the President signs the Bill, it becomes law.
Activities
1. Do an Internet search for the following: video arrested Texas style.
Watch the video and discuss the elements of arrest and how they apply
to this video. Use the Discussion Rubric for assessment.
2. Partner the students and allow each pair time on a computer with
internet access. Assign the students one of the offenses listed above
(See V, C -G). You may have to assign more than one group the same
offense depending on the number of students. Have each group
complete the project to “teach” their law to the class. Students may
choose any of the options for their project format listed on the project
sheet. Encourage the students to be creative so that their classmates
will remember each law being taught (this will take more than one class
period). Use the Penal Code Project Rubric to assess the students’
work.
Assessments
The Making of Laws Exam and Key
Penal Code Project Rubric
Discussion Rubric
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Individual Work Rubric
Presentation Rubric
Materials
The Making of Laws computer-based presentation
Landmark Supreme Court Cases Worksheet and Key
Penal Code Project Sheet
Alternative Project Options
Computers with Internet access
Art Supplies
Resources
Texas Penal Code http://www.statutes.legis.state.tx.us/
Bill of Rights http://www.archives.gov/exhibits/charters/charters.html
Accommodations for Learning Differences
For reinforcement, students will find articles in the newspaper or online that
list charges filed on a suspect, and then categorize the crimes by type
(crimes against persons, crimes against habitations, etc.). Use the Individual
Work Rubric for assessment.
For enrichment, have the students read Chapter 14 and 15 in the Code of
Criminal Procedures, and list requirements for both arrest warrants and
search warrants. They should also identify when a warrant is needed and
when it is not. Use the Individual Work Rubric for assessment.
State Education Standards
Texas Essential Knowledge and Skills for Career and Technical Education
§130.292. Principles of Law, Public Safety, Corrections, and Security (OneHalf to One Credit).
(7) The student understands the historical and philosophical development of
criminal law. The student is expected to:
(A) Identify the sources and origin of law in the United States
(B) Explain the impact of the United States Constitution and Bill of
Rights on criminal law in regard to the rights of citizens
(C) Differentiate between crimes classified as felonies and
misdemeanors and the punishment for each
(D) Analyze the essential elements and classifications of a crime
(E) Identify the problems commonly associated with the enforcement of
criminal laws; and
(F) Outline the process by which laws are enacted
College and Career Readiness Standards
English Language Arts
V. Research
A. Formulate topic and questions
2. Explore a research topic.
3. Synthesize and organize information effectively.
C. Produce and design a document.
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1. Design and present an effective product.
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Name:_________________________
Date:_________________________
Landmark U.S. Supreme Court Decisions Worksheet
Landmark cases of the United States Supreme Court have had a profound effect on law
enforcement. Place the letter best representing the effect in the blank next to the court case.
1. _____ Terry v. Ohio
A. Evaluate the reliability or credibility of an
informant at the arrest-search level
2. _____ Miranda v. Arizona
B. Lack of factual basis for probable cause in the
issuance of a search warrant
3. _____ Mapp v. Ohio
C. Due process
4. _____ Escobedo v. Illinois
D. The Exclusionary Rule
5. _____ Chimel v. California
E. Scope of search incidental to arrest
6. _____ Aguilar v. Texas
F. Right to counsel
7. _____ Draper v. U.S.
G. Warning given to person under arrest
8. _____ In Re Gault
H. Stop and frisk
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Landmark U.S. Supreme Court Decisions Worksheet Key
1. H
2. G
3. D
4. F
5. E
6. A
7. B
8. C
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Name:________________________
_
Date:_________________________
Penal Code Project
Select one of the options below. Fill in the blanks with the information requested. Then cut or
tear along the dotted line. Turn in the top half of the page. Keep the bottom half for your
reference.
Option 1
1. Select a law from the Texas Penal Code
2. Design a poster that represents all aspects and covers all elements of your law
3. Use your poster to teach your law to the class
Option 2
1. Select a law from the Texas Penal Code
2. Chose and design one of the alternate projects
3. Receive two grades instead of one if you choose one of the alternative projects
Selected law: __________________________________________________________
Project option selected:
Date due: ______
Option 1
Option 2
____________________________________________________
Signature: _________________________
_________________________
............................................................................................................................................
Selected law: _________ _________________________________________________
Selected project: ________________________________________________________
Date due: ______
____________________________________________________
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Alternative Project Options
Advertisement
Learning Center
Science Fiction Story
Animated Movie
Letter to Editor
Sculpture
Art Gallery
Mazes
Skit
Bumper Sticker
Mosaic
Slide Show
Choral Reading
Mural
Slogan
Clay Sculpture
Museum Exhibit
Song
Collection
Needlework
Story Telling
Comic Strip
Newspaper Story
Tapes-Audio/Video
Computer Program
Non-Fiction
Television Program
Costumes
Painting
Timeline
Crossword Puzzle
Pamphlet
Travel Brochure
Dance
Pantomime
T-shirt Design
Debate
Paper Mache
Video Film
Demonstration
Photo Essay
Web Home Page
Detailed Illustration
Picture Story for Children
Diary
Pictures
Diorama
Plaster of Paris Model
Edibles
Play
Editorial Essays
Poetry
Etching
Political Cartoon
Experiment
Pop-up Book
Fairy Tale
Fiction Story
Postage Stamp
Commemoratives
Film
Press Conference
Film Strip
Project Cube
Game
Puppet
Illustrated Story
Puppet Show
Interview
Puzzle
Jingle
Radio Program
Joke Book
Rap
Journal
Riddle
Large Scale Drawing
Role Play
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Name:_________________________
Date:_________________________
The Making of Laws Exam
1. _____Which of the following four is not an element of arrest?
a. Use of Force
b. Authority
c. Taking into Custody
d. Suspect understands they are arrested
2. _____Which of the following Supreme Court cases says if an apparent item of contraband is
in plain view, it may be seized?
a. Florida v. Royer
b. Mapp v. Ohio
c. Coolidge v. New Hampshire
d. Terry v. Ohio
3. _____If a “protective sweep” is completed, and contraband not listed on the search warrant
is found in plain view in a room not listed on the search warrant, the item may be
seized and charges can be filed.
a. True
b. False
4. _____The Exclusionary Rule developed out of which Supreme Court case?
a. Florida v. Royer
b. Mapp v. Ohio
c. Terry v. Ohio
d. Coolidge v. New Hampshire
5. _____Sheila and Jan have T-shirts made that reflect their beliefs about breast cancer. Which
1st amendment right are they exercising?
a. Religion
b. Press
c. Speech
d. Petition
6. _____In which of the following locations can a person with a concealed handgun license
legally carry their gun?
a. Within 1,000 feet of a place of execution
b. A school sporting event
c. A Federal Court Building
d. Their place of business
7. _____A person who is found with a loaded weapon in the seat next to them is in violation of
what offense?
a. Places weapons prohibited
b. No offense
c. Unlawfully carrying a weapon
d. Felon in possession of weapon
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8. _____Places weapons prohibited are what level of offense?
a. Class A
b. Class B
c. Felony 3
d. State Jail Felony
9. _____Unlawfully carrying a weapon is what level of offense?
a. Class A
b. Class B
c. State Jail Felony
d. 3rd Degree Felony
10. _____The Bill of Rights is the first ten amendments of the U.S. Constitution.
a. True
b. False
11. _____What is the level of proof required for an arrest?
a. Beyond a reasonable doubt
b. Probable Cause
c. Reasonable suspicion
d. Clear and convincing
12. _____Which of the following is not an element of arrest?
a. Understanding of subject that they are arrested
b. Officers authority to make the arrest
c. Person must be taken into custody
d. Frisk performed by officer
13. _____A stop is justified in all circumstances except _______________.
a. An officer doesn’t like the way you look
b. Suspect fits the description of a wanted person
c. Suspect is present in a crime scene area
d. Suspect is running away
14. _____Which Supreme Court case gives officers the right to “Frisk” a person they have
legally detained, if the officer believes the person has a weapon?
a. Florida v. Royer
b. Terry v. Ohio
c. Coolidge v. New Hampshire
d. Mapp v. Ohio
15. _____Which Supreme Court case found that officers may detain you only as long as
necessary to complete their investigation?
a. Terry v. Ohio
b. Coolidge v. New Hampshire
c. Florida v. Royer
d. Mapp v. Ohio
16. _____A Search Warrant may be issued if the officer has reasonable suspicion.
a. True
b. False
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17. _____A Search Warrant must describe the place to be searched and the property to be
seized.
a. True
b. False
18. _____What level of proof does an administrator at your school have to have in order to
search you or your property?
a. Mere Hunch
b. Probable Cause
c. Don’t need any proof, you are at school
d. Reasonable Suspicion
19. _____Police officers at a school campus must have what level of proof for a search?
a. Don’t need any, their the POLICE
b. Reasonable suspicion
c. Probable Cause
d. Mere Hunch
20. _____Which Supreme Court case holds that evidence that is obtained in an illegal search
can be excluded from both State and Federal cases?
a. Mapp v. Ohio
b. Terry v. Ohio
c. Florida v. Royer
d. Coolidge v. New Hampshire
21. _____A search of a person or immediate area of control can legally be conducted after an
arrest.
a. True
b. False
22. _____Johnny commits a Possession of Prohibited Weapon, which is a Class A offense. He
can be sentenced to what penalty?
a. 2 yrs/$4,000 fine
b. 180 days/$500 fine
c. 2 yrs/$2,000 fine
d. 180 days/$2,000 fine
23. _____Rachel receives a ticket for speeding. Can Rachel be arrested?
a. Yes
b. No
24. _____Jason is serving a State Jail sentence for theft of livestock ($1,500-$5,000). What is the
punishment range that Jason can be sentenced to?
a. 2-10 yrs
b. 1 yr
c. 180 days-2 yrs
d. None, Jason can receive probation
25. _____What is the punishment for a Class C ticket?
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a.
b.
c.
d.
$500 fine/30 days in jail
$500 fine only
$2,000 fine/180 days jail
None of the above
26. _____Gerard has a baggie of less than 2 oz of marijuana in his pocket. He is charged with a
Class B offense for possession. What might his punishment be?
a. 2 yrs/$4,000 fine
b. 2 yrs/$2,000 fine
c. 180 days/$4,000 fine
d. 180 days/$2,000 fine
27.
_____What is the punishment for a 1st degree felony?
a. 2-10 yrs/$10K fine
b. 2-20 yrs/#10K fine
c. 2-99 yrs/$10K fine
d. Death
28. _____What is the punishment for a 2nd degree Felony?
a. 2-10 yrs/$10K fine
b. 2-20 yrs/$10K fine
c. 2-99 yrs/$10K fine
d. Death
29. _____What is the punishment for a 3rd degree felony?
a. 2-10 yrs/$10K fine
b. 2-20 yrs/$10K fine
c. 2-99 yrs/$10K fine
d. Death
30. _____Which is not an inchoate offense as defined under Texas Penal Code?
a. Solicitation
b. Attempt
c. Intentionality
d. Conspiracy
Match the correct Amendment with the appropriate statement.
a. 1st Amendment
b. 2nd Amendment
c. 4th Amendment
d. 5th Amendment
e. 6th Amendment
f. 8th Amendment
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31. _____Protection against unreasonable searches and seizures
32. _____Freedom of expression
33. _____Right to bear arms
34. _____Protection against double jeopardy
35. _____Miranda rights
36. _____Protects against arrests without probable cause
37. _____Right to be tried by an impartial jury
38. _____Prohibits excessive fines and bail
39. _____Right to a public and speedy trial
40. _____Prohibits cruel and usual punishment
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The Making of Laws Exam Key
1. A
2. C
3. A
4. B
5. C
6. D
7. C
8. C
9. A
10. A
11. B
12. D
13. A
14. B
15. C
16. B
17. A
18. D
19. B
20. A
21. A
22. A
23. B
24. C
25. B
26. D
27. C
28. B
29. A
30. C
31. C
32. A
33. B
34. D
35. D
36. C
37. E
38. F
39. E
40. F
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Name_______________________________________
Date_______________________________
Penal Code Project Rubric
Components
Required
Elements
Knowledge
Gained
Attractiveness
Originality and
Creativity
All required
elements are
included in the
project
3-5 points
Needs Some
Improvement
All but one of the
required elements of
the offense are
included in the project
0-1 points
Needs Much
Improvement
Several required
elements of the
offense are missing
Student can
accurately answer
most questions
related to facts in
the project and
processes used to
create the project
The project is
attractive in terms of
design, layout, and
neatness
Student can
accurately answer
about 50% of the
questions related to
facts in the project
and processes used
to create project
The project is
acceptably attractive,
though it may be a bit
messy
Student appears to
have insufficient
knowledge about the
facts and processes
used in the project
The student
designed a project
that is somewhat
unique in design,
but doesn't reflect
new ideas
The student designed
a project that was
lacking unique design
elements and
presented no new
ideas
9-10 points
Excellent
6-8 points
Good
The project includes
all required
elements of offense
as well as additional
information
Student can
accurately answer
all questions related
to the facts and
processes used to
create project
The project is
exceptionally
attractive in terms of
design, layout, and
neatness
The student
designed a project
that reflects new &
unique ideas or
presentation
methods
Pts.
The project is
distractingly messy
or very poorly
designed. It is not
attractive.
The student
presented material
that was not his or
her own, and did not
document the source
Total Points
Comments:
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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:
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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:
22
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