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?
YouTube - The Bill of Rights - Part 1 - Philosophy & History (6:26) - https://www.youtube.com/watch?v=F0_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=wmborj
List and explain Philip Bobbit’s six modalities of Constitutional interpretation
You Tube - A Defiant Dude (2:34) - https://www.youtube.com/watch?v=dW9z8feaVgM
Web - Tinker v Des Moines (1969)
https://en.wikipedia.org/wiki/Tinker_v._Des_Moines_Independent_Community_School_District
What 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.htm
List 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 Review
Assessment (Summative) - Quiz Tomorrow on Material Covered in Class
Assessment (Formative) - Preparation for Class/Time on Task
Extension Assignment – First Amendment Center - http://www.firstamendmentcenter.org/
Censorship (6.1.12.A.14.b)
Do Now Assignment
Review Material for Quiz
Lesson Objective (Essential Question) - Is there a place for literary censorship in a free society?
Film - Deliberate Intent (2000) 85 minutes
Agenda
Notes and Lecture
The Balancing Test is the most frequently used gauge in First Amendment cases
Speech 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 Ohio
The First Amendment also deals with obscenity
Material considered without artistic merit by contemporary community standards may be challenged
This 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 left
Larry Flynt is one of the biggest provocateurs in challenging obscenity laws
How can you support a blanket action that deprives adults of access to material?
The concept of censorship has grown to include political correctness
The censorship debate goes beyond obscenity
Rice v Paladin applied the Brandenburg Test to liability for written words
YouTube - Charlton Heston Mark Antony Speech Julius Caesar (1970) 9:46
https://www.youtube.com/watch?v=0bi1PvXCbr8
Web - Brandenburg v Ohio (1969) - https://en.wikipedia.org/wiki/Brandenburg_v._Ohio
What 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-nea
What was the background of the case of Finley v NEA? What was the Court ruling?
YouTube - Confidential File: Horror Comic Books (25:29) First 13:53
https://www.youtube.com/watch?v=GI8IJA8kdkI
YouTube - Frank Zappa on Music Censorship (8:17) - https://www.youtube.com/watch?v=Wg-F29C7sus
Family 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=fltVO7t6xcs
Web - Hustler v Falwell: 25 Years of Protected Satire
http://www.huffingtonpost.com/roy-s-gutterman/hustler-v-falwell-25-year_b_2783713.html
What 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 It
http://theconversation.com/political-correctness-its-origins-and-the-backlash-against-it-46862
When, 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.html
What was the background of the case of Rice v Paladin Enterprises? What was the Court ruling?
Closure - Exit Activity: Discussion Review
Assessment (Summative) - Quiz Tomorrow on Material Covered in Class
Assessment (Formative) - Preparation for Class/Time on Task
Extension Assignment - 100 Most Frequently Challenged Books by Decade
http://www.ala.org/bbooks/frequentlychallengedbooks/top100
Freedom of Religion (6.1.12.A.14.b)
Do Now Activity - Review Material for Quiz
Lesson Objective (Essential Question) - Is the Establishment Clause a wall of separation or a shifting, porous
barrier?
Film - Inherit the Wind (1960) 128 minutes
Agenda Notes and Lecture
Many colonists came to America to be able to practice their religion
In Europe adherence to the religious belief of the ruler was equated with loyalty
It 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 Amendment
The First Amendment Free Exercise Clause protects the right to practice one’s religion
A 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 Days
The amendment also has an Establishment Clause
The state may not recognize, favor, or establish a national religion
There must be a porous wall of separation between church and state
The case of Everson v Board of Education (1947) touched off a debate over this porous wall
This 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 Amendment
http://law2.umkc.edu/faculty/projects/ftrials/conlaw/estabinto.htm
What 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._Vitale
What 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.html
What lawsuit did Michael Newdow bring before the court in 2002? What did it give rise to?
Web - Religious Symbols in Public Places
http://law2.umkc.edu/faculty/projects/ftrials/conlaw/religioussymbols.htm
What 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 Schools
http://www.patheos.com/blogs/christiancrier/2013/12/26/5-crucial-reasons-to-teach-creationism-in-publicschools/
What are the main arguments for teaching creationism in public schools?
Closure - Exit Activity: Discussion Review
Assessment (Summative) - Quiz Tomorrow on Material Covered in Class
Assessment (Formative) - Preparation for Class/Time on
Extension Activity - Religion in U.S. Public Schools - http://www.religioustolerance.org/ps_pra9.htm
The Second Amendment (6.1.12.A.14.b)
The Right to Bear Arms
Do Now Assignment
Review Material for Quiz
Lesson Objective (Essential Question)
Is gun ownership a Constitutional right or a privilege?
Film - Bowling for Columbine (2002) 120 minutes
Agenda
Notes and Lecture
The Second Amendment deals with the right to bear arms
This has always been an issue of concern for law enforcement officers
There are three arguments for possession of a gun
Guns defend liberty
People should have the right to defend themselves
People enjoy guns
There are those who believe that the Founding Fathers were more interested in a fourth
Gang violence during Prohibition touched off the initial crusade for gun control
The debate continues
Opponents consider possession a right and responsibility
Advocates considere it a restricted privilege
Both sides have their ardent supporters
States deal with the topic in their own way
YouTube - Wyatt Earp - https://www.youtube.com/watch?v=4NzK6NzctuE
Web - The Hidden History of the Second Amendment
http://www.vpc.org/fact_sht/hidhist.htm
What 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=oClFiO7LMkc
Web - National Firearms Act - https://en.wikipedia.org/wiki/National_Firearms_Act
What was the target of the National Firearms Act of 1934?
Web - United States v Miller (1939) - https://en.wikipedia.org/wiki/United_States_v._Miller
What 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._Heller
What 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_Chicago
What 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=BRPuSv12nA0
Web - BB Gun Control: In New Jersey, Kids’ Rite of Passage Could Mean Felony
How 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 Review
Assessment (Summative) - Quiz on Material Covered in Class
Assessment (Formative) - Preparation for Class/Time on Task
Extension Assignment - New Jersey State Law Summary - Law Center to Prevent Gun Violence
http://smartgunlaws.org/new-jersey-state-law-summary/
The Third Amendment (6.1.12.A.14.b)
The Quartering of Troops
Do Now Assignment - Review Material for Quiz
Lesson Objective (Essential Question)
Is the Third Amendment relevant to modern society?
Film - A Civil Action (1998) 115 minutes
Agenda
Notes and Lecture
The Third Amendment stemmed from indignation over the Quartering Act of 1765
As the gap widened between the Revolution and the present, its importance waned
Today most interpret it as completely unambiguous
The Third Amendment is one of the least litigated sections of the Constitution
However, the Constitution is a living document
A broad interpretation has developed
This extends the Third Amendment to any federal quartering
Military toxic pollution and noise pollution would be included in a broad interpretation
So would the presence of federally protected endangered species on private property
There are those who consider this more burdensome than the quartering of troops
The war on crime and terrorism has also contributed to violations of the Third Amendment
Are 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.html
What were the circumstances in the case of Englom v Carey? What was the Court ruling?
Web - The Quintessential Universal Soldier
http://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 Cleanup
http://www.washingtonpost.com/wp-dyn/content/article/2008/06/29/AR2008062901977.html
What 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 Species
http://fee.org/freeman/quartering-species
What 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=QSeeU6WH5DQ
Military Occupying Your Home/Big Brother Watch (2:25)
https://www.youtube.com/watch?v=RVQnPc41_LI
Web - Federal Court Rejects Third Amendment Claim against Police Officers
https://www.washingtonpost.com/news/volokh-conspiracy/wp/2015/03/23/federal-court-rejects-thirdamendment-claim-against-police-officers/
Why did a federal judge reject Third Amendment claims against Henderson, Nevada police officers?
Closure - Exit Activity: Discussion Review
Assessment (Summative) - Quiz on Material Covered in Class
Assessment (Formative) - Preparation for Class/Time on Task
Extension Activity - The Rise of the Warrior Cop (2013), Radley Balko
The Fourth Amendment (6.1.12.A.14.b)
Search and Seizure
Do Now Assignment - Review Material for Quiz
Lesson Objective (Essential Question)
How do justices determine whether the Fourth Amendment applies?
Agenda
Notes and Lecture
Citizens must know how to deal with the police
The Fourth Amendment protects an individual from unreasonable search and seizure
A search is not a petty indignity…individuals are entitled to a reasonable expectation of privacy
Police must show probable cause and obtain a warrant from a judge before conducting a search
The reasonableness requirement does allows police to conduct a warrantless search
Sometimes the 4th Amendment involves a second person (confidentiality)
These individuals operate under a minimum necessary standard
Schools are obligated to maintain a balance between Constitutional rights and student safety
They 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 source
Surveillance 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) 38:53
https://www.youtube.com/watch?v=dR7dq5jCh6Q
Web -The Fourth Amendment Reasonableness Requirement
http://criminal.findlaw.com/criminal-rights/the-fourth-amendment-reasonableness-requirement.html
When may police conduct a warrantless search?
Web - Terry v Ohio (1968) - https://en.wikipedia.org/wiki/Terry_v._Ohio
What 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 Ruling
https://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._Acton
What were the circumstances in the case of Veronia v Acton? What was the Court ruling?
YouTube - Drug Testing for Middle Schoolers (5:08) 2013
https://www.youtube.com/watch?v=NW9iwS3rTvo
Web - The USA PATRIOT Act: Preserving Life and Liberty
http://www.justice.gov/archive/ll/what_is_the_patriot_act.pdf
What tools did the Patriot Act sanction in the war on terrorism?
Web - Nine Ways You’re Being Spied on Every Day
http://www.huffingtonpost.com/2014/04/03/government-surveillance_n_5084623.html
YouTube - Cops with Drones: Alameda Co., CA Weighs Technology v Privacy (8:22)
https://www.youtube.com/watch?v=PX4oeZwwpqM
CNET On Cars – Black Box: The Snitch Inside Your Car (3:04)
https://www.youtube.com/watch?v=g8wEDlpP5n4
Drastic 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 Review
Assessment (Summative) - Quiz on Material Covered in Class
Formative Assessment - Preparation for Class/Time on Task
Extension Activity - Surveillance Self Defense - Electronic Frontier Foundation - https://ssd.eff.org/en
The Fifth Amendment (6.1.12.A.14.b)
Due Process of Law
Due Now Assignment - Review Material for Quiz
Lesson Objective (Essential Question) - Is there justice for all in an adversarial legal system?
Film - The Ox Bow Incident (1943) 75 minutes
Agenda
Notes and Lecture
The Founding Fathers saw the need to guarantee the safety of persons and property from capricious action
Star Chamber Courts were a violation of justice
Prosecutors 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 listen
A violation of due process could lead to a mistrial
Citizens were not to take the law into their own hands
Under no circumstance was a defendant under obligation to incriminate himself
Physical force or psychological torture was not be used to extract a confession
Psychological manipulation could
Due process also applies to the forfeiture of land to the state
This 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.html
What 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-oAtU
Darren 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=6GyFbR6W3QA
Web - New Oklahoma Law Would Regulate Bounty Hunter Business
http://www.newson6.com/story/21346691/new-oklahoma-law-would
How did Oklahoma Senate Bill 1013 propose to regulate the bounty hunting business?
Web - Miranda v Arizona (1966) - https://en.wikipedia.org/wiki/Miranda_v._Arizona
What 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 Works
http://people.howstuffworks.com/police-interrogation1.htm
List and explain Reid’s Nine Steps of Psychological Manipulation
YouTube - 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_London
What 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 Review
Assessment (Summative) - Quiz on Material Covered in Class
Assessment (Formative) - Preparation for Class/Time on Task
Extension 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 minutes
Agenda
Notes and Lecture
The 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 trial
The 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 Terrorism
Unless 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 Witness
These rights are not absolute
They may be waived by the defendant
Despite 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 felony
There 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 atmosphere
The Fully Informed Jury Association also singles out failure to instruct jurors on jury nullification
It insists that in non- violent cases the jury has the right to vote its conscience
Attempts to present this argument to prospective jurors has been cited as jury tampering
YouTube - Closing Guantanamo (59:06) - https://www.youtube.com/watch?v=8bMrK5fgj5s
American 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._Wainwright
What wee the circumstances in the case of Gideon v Wainwright? What was the Court ruling?
YouTube - Gideon’s Trumpet - Pts 1,2 (19:47) - https://www.youtube.com/watch?v=rOnsB2S5nJc
Web - Jury Selection in Criminal Cases
http://www.nolo.com/legal-encyclopedia/jury-selection-criminal-cases.html
What is the process by which jurors are selected for criminal cases?
The Nation’s Leading Trial Consulting Firm: Decision Quest
http://www.decisionquest.com/Public/Home/index.cfm
What 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=W3Elq5IxBA4
Chicago 2002 Comedy Crime Movies Full Movie (1:04-52-1:13:03
https://www.youtube.com/watch?v=Uk9WPOTdazY
YouTube
Julian Heicklen Talks about Jury Nullification Federal Courthouse West palm beach Florida 12-10-10 (3:58)
https://www.youtube.com/watch?v=Re7Kbjxip5M
Racially Bias Jury Nullification Professor Paul Butler on 60 Minutes (9:25)
https://www.youtube.com/watch?v=e8eQ_EYwQQ
Jury 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 Review
Assessment (Summative) - Quiz Tomorrow on Material Covered in Class
Assessment (Formative) - Preparation for Class/Time on Task
Extension 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 minutes
Agenda
Notes and Lecture
The Eighth Amendment was originally aimed at curbing the excessive use of royal power
The process begins with a writ of habeas corpus
There must be legal justification for holding an individual
Once satisfied, the next step is bail
Bail serves to prevent the infliction of punishment prior to conviction
It also permits the unhampered preparation of a defense
It is not an absolute right
If convicted, the Amendment forbids the imposition of cruel and unusual punishment
Clarence Darrow’s summation in Leopold and Loeb (1924) attacked capital punishment
I 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 effects
Furman 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 offenses
Lethal injection made the process easier to defend
Forensic technology has emerged as the salvation for the unjustly convicted
Web - Cruel and Unusual Punishment: constitution/Laws.com
http://constitution.laws.com/the-supreme-court/cruel-and-unusual-punishment
What 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 PhD
http://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=WOLGCu2aH2E
No Way Out: Undercover in Solitary Confinement (8:12)
https://www.youtube.com/watch?v=yBOVXZLm_A8
Web - Death Penalty - American Civil Liberties Union
https://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=SfEwxhOn0Iw
The Final 24 Hours (42:28) - https://www.youtube.com/watch?v=wkbI4EcOs9U
Closure - Exit Activity: Discussion Review
Assessment (Summative) - Quiz Tomorrow on Material Covered in Class
Assessment (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 Quiz
Lesson Objective (Essential Question) - What is a reasonable expectation of privacy?
Film - You Don’t Know Jack (2010) 134 minutes
Agenda
Notes and Lecture
James Madison wanted the inclusion of forty two rights into the Constitution
He settled for ten
The 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 protection
Some of these issues may be considered controversial
They include: Child Rearing; Procreation; Marriage; Medical Treatment; Physician Assisted Suicide
All 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.htm
What 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=5WGb4eQRg3Y
Christian 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._Bell
What 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._Connecticut
What 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_Quinlan
What 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?
YouTube - Kevorkian Admits Helping Dozens Die (Anderson Cooper) - 9:18
https://www.youtube.com/watch?v=EQmyo6EvUY8
Watch Serpent Pastor Mack Wolford Dies of Rattle Snake Bite (9:05)
https://www.youtube.com/watch?v=vcMppxrb1_E
Closure - Exit Activity: Discussion Review
Assessment (Summative) - Quiz Tomorrow on Material Covered in Class
Assessment (Formative) - Preparation for Class/Time on Task
Extension Assignment - The Right of Privacy: Is It Protected by the Constitution?
http://law2.umkc.edu/faculty/projects/ftrials/conlaw/rightofprivacy.html
The Tenth Amendment (6.1.12.A.14.b)
Do Now Assignment - Review Material for Quiz
Lesson Objective (Essential Question) - What would be the effect of true implementation of the Tenth Amendment?
Film - Sicko (2007) 123 minutes
Agenda
Notes and Lecture
The power of the federal government is subject to limits
This does not apply to commerce or any of the enumerated powers
Some believe that the Constitution’s necessary and proper clause sanctions implied powers
This elastic clause has long been challenged by proponents of state sovereignty
They look upon it as federal intrusion
They resent withholding of funding when they fail to conform to federal guidelines
Federal intentions to abolish slavery were grounds for Civil War
The imposition of Federal civil rights legislation in the war’s aftermath became a most volatile issue
The 18th Amendment ban on alcohol was hotly contested, noble, but foolish experiment
The New Deal was seen as a movement towards Communism
Opponents of Executive Order 13083 (1987) maintained that it read like a Constitutional death sentence
Common Core Standards were a violation of states’ rights
President Obama’s National Health Plan was categorized as an example of socialized medicine
There are those who support a state sovereignty resolution
The 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=y7lrS0sLrVE
Eyes 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.html
What 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=qNxgYjW3rc0
Obamacare - Deconstructed (17:12) - https://www.youtube.com/watch?v=KxWMbqxgMDo
Web - Implementing the Tenth Amendment - http://www.sweetliberty.org/tenthamend.htm#.VeGTov-FOUk
What 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 Believe
http://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=WLAH8phraHI
The Newsroom -Tea Party Is the American Taliban (6:11)
https://www.youtube.com/watch?v=yGAvwSp86hY
Closure - Exit Activity: Discussion Review
Assessment (Summative) - Quiz Tomorrow on Material Covered in Class
Assessment (Formative) - Preparation for Class/Time on Task
Extension Assignment - The Tenth Amendment Center - http://tenthamendmentcenter.com/