American Government
Baltimore City Public
School System
2007
Unit Five
Judicial Branches
2
How To Use This Guide
This is the instructional guide for Unit Five Judicial Branches.
The guides have not been designed to be the “end all and be all” of social studies.
They have been designed as a way to meet the state standards in a meaningful
manner and allow time for re-teaching and/or extension. As with all new
curriculum, time for extension may only become available after the teacher has run
through the curriculum once or twice.
The guide is to be read in its entirety before teaching any of the lessons in order to
get the “big picture.” This helps guide planning, preparation, and implementation.
It allows the teacher to plan for re-teaching and extension activities in a
meaningful way.
Begin by reading the Essential Concepts and Possible Essential Questions from
the Maryland Voluntary State Curriculum. Those two items explain why it is
necessary to study this unit. The sessions will build to express the ideas in the
Enduring Understanding.
Next review the WHAT. These are the MSDE indicators and session objectives.
This is what MSDE wants students to be able to know and do. These are placed in
the sessions where they are taught.
The rest of the guide and what you do in the classroom is the HOW.
WHY?
Essential Concepts
• The organization and power of the judicial branch provides a structure for limited
government and the interpretation of the law.
• Decisions by the Supreme Court have impacted society overtime.
• The courts resolve issues and maintain a balance between the common good and
individual rights.
• The power of judicial review authorizes the judiciary to check the actions of the
legislative and executive branches.
• The Constitution and the Bill of Rights provide protection of civil rights and civil
liberties.
• The elements, proceedings and decisions in criminal and civil law provide order,
structure and authority to the judiciary while protecting individual rights.
• Procedural due process protects the accused.
• The 14th Amendment focuses on due process and equal protection.
• Citizens may challenge laws and actions of the government through state and or
federal courts.
3
Possible Essential Questions
• What are the powers, structure, and organization of federal and state courts?
• How does judicial review check the actions of the legislative and executive branches?
• How do the decisions of the Supreme Court change overtime and affect the liberties of
citizens?
• What is the significance of the Supreme Court decisions Marbury v. Madison,
McCulloch v. Maryland, Plessy v. Ferguson, Brown v. Board of Education, Miranda v.
Arizona, Gideon v. Wainwright, Tinker v. Des Moines Board of Education, and New
Jersey v. T.L.O.?
• What are the elements, proceedings, and decisions in Criminal and Civil Law?
• How does the 5th Amendment due process clause protect the accused?
• What is the significance of the Incorporation Doctrine established by the Supreme
Court?
• How does the Constitution and the Bill of Rights provide protection of civil rights and
civil liberties?
Source: MSDE Government Online Course
4
Unit 5: Judicial Branches
Title
Structure and
Powers of the
Judiciary
Criminal Law
Objectives
Assessment Limits
1. Describe the powers, structure and organization of the

Federal and Maryland court systems (1.1.2 o)
2. Explain the difference between original jurisdiction and
appellate jurisdiction (1.1.2 p)
3. Explain the methods of selecting federal justices/judges and 
Maryland judges (1.1.2 s)
4. Explain how judicial review affects the functioning of

government (1.1.2 q)
5. Analyze why the United States Supreme Court justices’

interpretations of the Constitution change over time (1.1.2
r)
6. Analyze the United States Supreme Court case Marbury v.
Madison (1803) and the establishment of judicial review
(1.2.1 a)
7. Analyze the historical expansion of the powers of the

federal government by examining the United States
Supreme Court case McCulloch v. Maryland (1819) (1.2.1
b)
1. Explain the significance of the United State Supreme

Court's decisions on the rights of those accused of crimes in
the cases Gideon v. Wainwright (1963) and Miranda v.
Arizona (1966) (1.2.1 d)
2. Explain the meaning of due process of law as set forth in
the Fifth Amendment (1.2.4 a)
3. Identify how procedural due process limits the powers of

government and protects the accused (1.2.4 b)
4. Analyze the implications and applications of the Fourteenth
5
Concepts: Separation of powers, checks and
balances, judicial review, rule of law,
individual rights and responsibilities, equal
protection
Federal and Maryland State government:
Judicial powers, structure and organization
Selection of National and Maryland State
leaders: election/appointment processes
Cases included: Marbury v. Madison,
McCulloch v. Maryland, Plessy v. Ferguson,
Brown v. Board of Education, Miranda v.
Arizona, Gideon v. Wainwright, Tinker v.
Des Moines Board of Education, and New
Jersey v. T.L.O.
Other cases that address the same issues
could be used, but information about these
cases will be provided in the item.
Cases included: Marbury v. Madison,
McCulloch v. Maryland, Plessy v.
Ferguson, Brown v. Board of Education,
Miranda v. Arizona, Gideon v. Wainwright,
Tinker v. Des Moines Board of Education,
and New Jersey v. T.L.O.
Other cases that address the same issues
could be used, but information about these
cases will be provided in the item.
Amendment, focusing on the due process and equal
protection clauses (1.2.4 d)
5. Explain how the Supreme Court used the incorporation
doctrine to expand the influence of the due process clause
of the Fourteenth Amendment in cases, such as Gitlow v.
New York (1925), Near v. Minnesota (1931), Mapp v. Ohio
(1961) (1.2.4 f)
6. Identify the elements of criminal law including: defendant,
prosecutor, reasonable doubt, felony, misdemeanor, grand
jury, indictment, probable cause, presumption of
innocence, plea bargaining, writ of habeas corpus,
subpoena (1.2.5 d)
7. Compare the proceedings of civil and criminal cases
including: grand jury, petit jury, indictment, standards of
proof (beyond reasonable doubt and preponderance of
evidence), plea bargaining, probable cause, writ of habeas
corpus, and subpoena (1.2.5 e)
Civil Law






1. Describe the role of the courts in settling disputes between 
individuals (1.2.5 a)
2. Analyze alternatives to litigation in the United States legal
system for maintaining order and resolving conflicts

including out-of-court settlements, arbitration and
mediation (1.2.5 b)
3. Identify the elements of civil law including: plaintiff,
defendant, contract, breach of contract, torts, damages,
preponderance of evidence, petit jury (1.2.5 c)

4. Compare the proceedings of civil and criminal cases
including: grand jury, petit jury, indictment, standards of
proof (beyond a reasonable doubt and preponderance of the
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Fifth Amendment due process clause
Fourteenth Amendment due process clause
Procedural due process and the
incorporation doctrine under the
Fourteenth Amendment
Compare and contrast the elements,
proceedings, and decisions related to
criminal and civil law
Civil law: plaintiff, defendant, contract,
breach of contract, torts (lawsuits involving
negligence), damages, preponderance of
evidence, petit jury and out-of court
settlements
Criminal law: defendant, prosecutor,
reasonable doubt, felony, misdemeanor,
grand jury indictment, probably cause,
presumption of innocence, plea bargaining,
writ of habeas corpus and subpoena
Compare and contrast the elements,
proceedings, and decisions related to
criminal and civil law
Civil law: plaintiff, defendant, contract,
breach of contract, torts (lawsuits involving
negligence), damages, preponderance of
evidence, petit jury and out-of court
settlements
Criminal law: defendant, prosecutor,
reasonable doubt, felony, misdemeanor,
grand jury indictment, probably cause,
presumption of innocence, plea bargaining,
Equal Protection
Rights of
Students
You Are the
evidence), plea bargaining, probable cause, writ of habeas
writ of habeas corpus and subpoena
corpus, and subpoena (1.2.5 e)
1. Analyze how the Supreme Court decisions in Plessy v
 Cases included: Marbury v. Madison,
Ferguson (1896) and Brown v Board of Education of
McCulloch v. Maryland, Plessy v.
Topeka (1954) impacted the rights of individuals (1.2.1 c)
Ferguson, Brown v. Board of Education,
2. Examine the impact of United States Supreme Court
Miranda v. Arizona, Gideon v. Wainwright,
decisions on minority and civil rights issues, such as
Tinker v. Des Moines Board of Education,
Regents of the University of California v. Bakke (1978)
and New Jersey v. T.L.O.
(1.2.1 f)
 Other cases that address the same issues
3. Analyze the implications and applications of the Fourteenth
could be used, but information about these
Amendment, focusing on the due process and equal
cases will be provided in the item.
protection clauses (1.2.4 d)
 Fifth Amendment due process clause
 Fourteenth Amendment due process clause
 Procedural due process and the
incorporation doctrine under the
Fourteenth Amendment
1. Examine the expansion or restriction of student rights in the  Cases included: Marbury v. Madison,
cases Tinker v. Des Moines School District (1968) and New
McCulloch v. Maryland, Plessy v.
Jersey v. T.L.O (1985) (1.2.1 e)
Ferguson, Brown v. Board of Education,
2. Examine the impact of United States Supreme Court
Miranda v. Arizona, Gideon v. Wainwright,
decisions on minority and civil rights issues, such as
Tinker v. Des Moines Board of Education,
Regents of the University of California v. Bakke (1978)
and New Jersey v. T.L.O.
(1.2.1 f)
 Other cases that address the same issues
3. Evaluate the decisions of the United States Supreme Court
could be used, but information about these
that have limited or expanded the liberties of citizens, such
cases will be provided in the item
as Schenck v. U.S. (1919), Gitlow v. New York (1925),
Engel v. Vitale (1962), Katz v. U.S. (1967), Hazelwood
School District v. Kuhlmeier (1988), Texas v. Johnson
(1989) (1.2.1 g)
1. Describe the powers, structure and organization of the
 Federal and Maryland State government:
7
Judge
Federal and Maryland court systems (1.1.2 o)
2. Analyze why the United States Supreme Court justices’
interpretations of the Constitution change over time (1.1.2
r)
3. Analyze the United States Supreme Court case Marbury v.
Madison (1803) and the establishment of judicial review
(1.2.1 a)
8
Judicial powers, structure and organization
 Cases included: Marbury v. Madison,
McCulloch v. Maryland, Plessy v. Ferguson,
Brown v. Board of Education, Miranda v.
Arizona, Gideon v. Wainwright, Tinker v.
Des Moines Board of Education, and New
Jersey v. T.L.O.
 Other cases that address the same issues
could be used, but information about these
cases will be provided in the item.
Pre-Assessment
9
Pre-assessment
Overview
BCPSS students were introduced to concepts of justice and rights, and the duties
of the judicial branches in elementary and middle school and in United States
History. The pre-assessment is designed to provide insight into the strengths and
weaknesses of student understandings of rights, criminal and civil law. It also
includes major Supreme Court decisions. Use the information from the preassessment to inform instruction. The pre-assessment can also give information
about student writing.
Indicators/Objectives
 Identify the rights in the Bill of Rights and how they protect individuals and
limit the power of government (1.1.1 i)
 Explain the fundamental principles of American government contained in the
Declaration of Independence, Articles of Confederation, United States Constitution
and the Maryland Constitution (1.1.1 g)
 Evaluate the principles of federalism, popular sovereignty, consent of the governed,
separation of powers, checks and balances, rule of law, limited government, majority
rule, and how they protect individual rights and impact the functioning of government
(1.1.2 a)
 Compare the proceedings of civil and criminal cases including: grand jury, petit jury,
indictment, standards of proof (beyond reasonable doubt and preponderance of
evidence), plea bargaining, probable cause, writ of habeas corpus, and
subpoena (1.2.5 e)
Assessment Limits
 Civil law: plaintiff, defendant, contract, breach of contract, torts (lawsuits involving
negligence), damages, preponderance of evidence, petit jury and out-of court
settlements
 Criminal law: defendant, prosecutor, reasonable doubt, felony, misdemeanor, grand
jury indictment, probably cause, presumption of innocence, plea bargaining, writ of
habeas corpus and subpoena
• Cases included: Marbury v. Madison, McCulloch v. Maryland, Plessy v.
Ferguson, Brown v. Board of Education, Miranda v. Arizona, Gideon v.
Wainwright, Tinker v. Des Moines Board of Education, and New Jersey v.
T.L.
Directions
1. Activating Prior Knowledge. Divide students into pairs and ask them to
discuss the following:
•
•
What is justice?
Which branch of government is interprets justice?
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Ask a few students to share their responses, being sure students explain their
thinking about justice.
2. Assessing – Supreme Court Decisions. Explain that the Supreme Court is
the highest court in the land and final interpreter of the Constitution. The
court has made many important decisions that had significant impact on
society. Today, students will read a brief summary of a few of these cases.
Then they will identify the case and the rights or principle involved in each
case. Distribute Part 1 Supreme Court Decisions and direct students to
complete this section.
Walk around the room. Observe students who clearly understand these
Supreme Court decisions. Make a note of students who are struggling.
Collect papers and score later. This will help plan for instruction during this
unit.
3. Assessing - Criminal and Civil Law. Explain to students that they will
learn the judicial branch, Supreme Court decisions, and criminal and civil law
in Unit 5. In order to help plan for this unit, you need to discover what they
already know, particularly the vocabulary of criminal and civil law.
Distribute the Civil and Criminal Law Pretest to students. Explain that this
“test” will not affect their grade, but it will be used to help plan instruction.
4. Follow-Up. Use the information from both parts of the pretest to support or
accelerate instruction. Keep in mind that all students are expected to learn the
same concepts and content to meet state and local expectations of learning.
Throughout the course, you will conduct formal and informal assessments
such as notebook entries that will check student understanding of content.
Use this data to guide instruction.
11
Name
Date
Supreme Court Decisions
Part 1
Directions: This pretest will give your teacher information about what you know about
rights. The test will not affect your grade, but you should do your best. In your class you
have discussed justice and the judicial branch that interprets the laws. Now read
summaries of famous cases that went before the Supreme Court. Answer the questions
that follow each summary.
1. A gentleman was to receive a commission to be a justice of the peace in Washington,
D.C. When the paperwork was not delivered, he asked the new Secretary of State for his
commission. When he was refused his commission, he asked the Supreme Court to
intervene.
a. What is the name of this Supreme Court case?
b. What was the decision of the Supreme Court?
c. Which principle of government was established by this decision?
2. The Supreme Court heard a case in which a gentleman took a seat in a railroad car
reserved for whites only. When the railroad officer asked him to move, he refused and
was arrested and removed from the train.
a. What is the name of this Supreme Court case?
b. What was the decision of the Supreme Court?
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3. A town spent $144.51 for the education of every white student and $19.51 for the
education of every African American student. This segregation of schools was challenged
in several states, and eventually a case went to the Supreme Court.
a. What is the name of this Supreme Court case?
b. What was the decision of the Supreme Court?
c. Which principle of government or right was the basis for this decision?
4. In Arizona, a man was arrested for kid kidnapping and attacking a young woman.
After being identified in a police line-up, he was questioned for two hours. During the
questioning, he was not informed of his rights and confessed to the crime.
a. What is the name of this Supreme Court case?
b. What was the decision of the Supreme Court?
c. Which principle of government or right was the basis for this decision?
13
Civil and Criminal Law Pretest
Directions: Think about the words associated with law enforcement and the court system that
you might know about or have heard before. Some of these words are listed in the chart below.
Predict the meaning of each word. Then use each word in a sentence that shows you understand
its meaning.
Word
Misdemeanor
Meaning
Sentence
Felony
Plea bargain
Prosecutor
Probable cause
Defendant
Plaintiff
Out-of court
settlement
Preponderance of
evidence
14
Session 1: Structure and Powers of the Judiciary
Overview
Students use a structured reading and textbook to learn about the jurisdiction of courts
and the structure and organization of federal and state courts. The Supreme Court
landmark decisions in Marbury v. Madison and McCulloch v. Maryland are analyzed. In
the next session, students use a case study to learn about criminal law.
Objectives:
1. Describe the powers, structure and organization of the Federal and Maryland court
systems (1.1.2 o)
2. Explain the difference between original jurisdiction and appellate jurisdiction (1.1.2
p)
3. Explain the methods of selecting federal justices/judges and Maryland judges (1.1.2
s)
4. Explain how judicial review affects the functioning of government (1.1.2 q)
5. Analyze why the United States Supreme Court justices’ interpretations of the
Constitution change over time (1.1.2 r)
6. Analyze the United States Supreme Court case Marbury v. Madison (1803) and the
establishment of judicial review (1.2.1 a)
7. Analyze the historical expansion of the powers of the federal government by
examining the United States Supreme Court case McCulloch v. Maryland (1819)
(1.2.1 b)
Assessment Limits
 Concepts: Separation of powers, checks and balances, judicial review, rule of law,
individual rights and responsibilities, equal protection
 Federal and Maryland State government: Judicial powers, structure and
organization
 Selection of National and Maryland State leaders: election/appointment processes
 Cases included: Marbury v. Madison, McCulloch v. Maryland, Plessy v. Ferguson,
Brown v. Board of Education, Miranda v. Arizona, Gideon v. Wainwright, Tinker v.
Des Moines Board of Education, and New Jersey v. T.L.O.
 Other cases that address the same issues could be used, but information about these
cases will be provided in the item.
Key Questions
1. What are the powers, structure, and organization of Federal and State courts?
2. How does judicial review check the actions of the legislative and executive branches?
3. What is the significance of the Supreme Court decisions Marbury v. Madison,
McCulloch v. Maryland, Plessy v. Ferguson, Brown v. Board of Education, Miranda
v. Arizona, Gideon v. Wainwright, Tinker v. Des Moines Board of Education, and
New Jersey v. T.L.O.?
15
Key Terms
Jurisdiction
Appellate Jurisdiction
Misdemeanor
Civil Case
Judicial review
Precedent
Original Jurisdiction
Impeachment
Felony
Criminal Case
Interpret
Necessary and Proper Clause
Directions
1. Activating Prior Knowledge – Judicial Branch. Place the transparency “Federal
Level Judicial Branch” on the overhead. Explain that the Declaration of Independence
and the Constitution refer to the concept of justice. Ask:
•
What is justice?
Review student responses.
2. Developing Understanding – Justice - Simulation. Explain that the protection of
rights of individuals, groups and society is a cornerstone of our democracy. Follow
teacher directions at the end of these procedures to demonstrate the need for justice.
Note: the demonstration should take no more than five minutes, but the debriefing
will take longer. Use the Justice graphic as needed.
3. Developing Understanding – Before and During Reading – Jurisdiction of
Judicial Branches. Explain that the U.S. and Maryland constitutions provide for a
judicial branch to provide justice. It is the judicial branch that interprets laws,
deciding what is fair in cases and balancing the powers of the other two branches. The
U.S. judiciary consists of parallel systems of federal and state courts. The questions
becomes :Who has jurisdiction in specific cases? Define jurisdiction:
jurisdiction – the authority of the court of hear certain cases
Direct students to the appropriate textbook. Set a purpose to read:
• describe the types of jurisdiction
• identify the types of cases heard by federal courts
4. Developing Understanding – During Reading – Structure of the Federal Court
System. Display Federal Judicial transparency. Explain that this is the organization of
the federal court system. Direct students to study the transparency. Ask:
• Which do you think is the court of original jurisdiction? Appellate jurisdiction?
Confirm student predictions.
Distribute the reading “Federal Judicial System.” Set the purpose to read:
• explain the purposes of the Supreme Court and lower federal courts
• explain the checks on the judicial branch by other branches
16
Distribute the Student Resource Federal Judicial System. Direct students to complete
Part 1.
5. Developing Understanding – Before and Reading – Developing Supreme Court
Power – Marbury v. Madison. Explain that a decision by the Supreme Court
increased the power of that court, the Marbury v. Madison decision. Direct students to
the reading “Marbury v. Madison.” Set a purpose to read:
• explain the decision in Marbury v. Madison
• define judicial review
Direct students to complete the “Student Resource Federal Judicial System Part 2”
after reading.
Use the Assessed Cases graphic organizer to record information if students have not
done this.
6. Developing Understanding – Before and During Reading – McCulloch v.
Maryland. Conduct a brief review of the Marbury v. Madison case. Direct students to
Part 3: McCulloch v. Maryland. Set the purpose to read:
• describe the necessary and proper clause
• explain the decision in the McCulloch v. Maryland case
7. Checking for Understanding – McCulloch v. Maryland. Review student work,
asking students to share how they will remember these court decisions.
Ask students to respond in their notebooks to the following:
Explain how the Supreme Court decision in Marbury v. Madison and McCulloch v.
Maryland affected the power of the national government.
Use the Assessed Cases graphic organizer to record information if students have not
done this.
8. Developing Understanding – Before and During Reading – Maryland Judiciary.
Display State Judiciary transparency. Explain that this is the organization of the state
court system. Direct students to study the transparency. Ask:
• Which do you think is the court of original jurisdiction? Appellate jurisdiction?
Confirm student predictions.
Use a lecture burst (brief lecture of about 5 minutes) to review the purpose for the
courts in Maryland. Direct students to record information in their notebooks.
9. Checking for Understanding – Maryland Judiciary. Place the following on the
overhead and ask students to select the appropriate level of government for each example.
17
Which of the following would be considered issues that would be heard in a
Maryland court or a federal court?
A dispute about a Maryland medical malpractice law.
A case involving someone smuggling illegal drugs into the United States.
A dispute between a tenant and landlord.
A musician claims another artist copied a song that was copyrighted.
Additional Resources:
1. United States Government Democracy in Action (Remy, Glencoe/McGraw-Hill),
Chapter 11 provides information about the federal court system but does not address
the Maryland court system. Teachers will have to include additional resources to
prepare students for the Government HSA.
2. Marbury v. Madison lesson plans may be downloaded from
http://www.landmarkcases.org/marbury/home.html This site provides lesson plans
based on teacher need and various reading levels. Lessons include political cartoon
interpretation and a section called “After the Case.” Links are provided for related
websites.
3. McCulloch v. Maryland lesson plans may be downloaded from
http://www.landmarkcases.org/mcculloch/home.html Lesson plans include
recommendations based on teacher need and various reading levels. Lessons
include political cartoon interpretation and a section called “After the Case.” The
concept of federalism has a special activity included in this lesson. Links are
provided for related websites.
4. Structure of Federal Courts may be downloaded from
http://www.uscourts.gov/understanding_courts/8994.htm. This site links to each
court and provides more information than necessary for Government HSA. Consider
this for extending student knowledge.
5. Structure and Powers of Maryland Court system may be downloaded from
http://www.courts.state.md.us/overview.html The site included more information
than is necessary for Government HSA. Consider this for extending student
knowledge.
6. Understanding the Maryland Courts may be downloaded from
http://www.clrep.org/Understanding%20the%20Maryland%20Courts.pdf This site
includes other lessons about the Bill of Rights, Students’ Rights, Jury Interview and
others.
18
Justice Demonstration
Overview
The paper clip demonstration serves as a device that helps build understanding of the
concept of justice, or more correctly, the lack of justice. Students discover the
components of justice that are missing in the demonstration:
 fair treatment of all people
 fair laws
 fair procedures to correct wrongs and injuries
 fair procedures to pass, enforce, interpret laws and make decisions
Note: the demonstration should take no more than five minutes. Allow about ten
minutes for debriefing.
Part 1
You will be directing students to pass paper clips without directions. This is the point!!!!
Prior to the demonstration, gather paper clips and divide the class into rose, making sure
that one row has more students and that one row has more boys (or girls).
Begin the demonstration.
 Give each student in the front row 5 paper clips.
 Tell students to begin. Do not give any directions. Students will be confused, not
knowing what to do but eventually someone will do something.
Part 2
Stop the demonstration. Give the following directions:
 Students may pass only one paper clip at a time.
 The object is to pas the clips backward and then forward and the first row to finish
wins.
Start the demonstration again.
Part 3
After a brief period, stop the demonstration again. Tell students that there is a change in
directions. State the following change:
 Clips must be passed back over the left shoulder and passed forward over the
right shoulder.
Start the demonstration again.
After a brief period, stop the demonstration. Explain that there are too many people in
one row and they will have twice as many paper clips to pass. Also, there are more girls
or boys in one row, so they will have few paper clips to pass. After making these
changes, start the demonstration allowing it to proceed to the end, or until you stop it.
Part 4 – Debriefing – 10 Minutes
Students must now connect the actions of this simulation to the concept of justice.
Conduct a whole class discussion that responds to the following:
19




What are the problems in this demonstration?
Possible student responses: the rules (laws) keep changing. It is not fair to all
people. The enforcement of the rules was not fair. Only the teacher made
decisions. There was no way to correct the problems in the simulation.
What is missing from the rules or laws of this demonstration?
Possible student responses: Fair rules or laws and fair procedures to enforce
the laws
Why is fair application of the laws important?
Possible student responses: It protects the rights of individuals or groups.
Based on this demonstration, how do you define justice?
20
Justice
Justice is the pursuit of fairness in
the protection of individual rights.
It includes:

Fair treatment of all people

Fair laws


Fair procedures to correct wrongs and
injuries (civil and criminal justice)
Fair procedures for passing laws,
enforcing laws, interpreting laws and
making decisions.
21
Federal Judicial System
Part 1: Supreme Court
The Supreme Court is the only court created by Article III of the U.S. Constitution.
However, Article III gave Congress the authority to create lower federal courts to assist
the Supreme Court in the interpretation of the law.
The United States Supreme Court consists of the Chief Justice of the United States and
eight associate justices. Justices on the Supreme Court are nominated by the President
and confirmed by the United States Senate.
The United States Supreme Court consists of the Chief Justice of the United States and
eight associate justices. At its discretion, and within certain guidelines established by
Congress, the Supreme Court each year hears a limited number of the cases it is asked to
decide. Those cases may begin in the federal or state courts, and they usually involve
important questions about the Constitution or federal law. The Supreme Court interprets
the meaning of the Constitution and determines if laws are in agreement with the
Constitution.
The U.S. Supreme Court has both original and appellate jurisdiction.
Original Jurisdiction
Brought by one state against another
Between states and the federal government
Affecting Ambassadors, other public
Ministers and Consuls.
Example
Maryland v. Virginia about pollution in the
Chesapeake Bay
Maryland v. United States over the military
dumping raw waste into Maryland
waterways and refusing to pay a tax to
clean the water
An ambassador is arrested for vehicular
manslaughter that was a result of driving
under the influence of alcohol.
The Supreme Court hears more cases of appellate jurisdiction than original jurisdiction.
Most cases heard by the Supreme Court are on appeal from the U.S. Courts of Appeals
and the highest state courts. If a defendant is not satisfied with a decision of a state court,
they may appeal their case to the Supreme Court.
The Supreme Court only decides issues that clarify the Constitution or federal law
and the Court can affirm or reverse the decision of a lower court. The Supreme Court is
the final authority on the meaning and interpretation of the Constitution.
The power of judicial review allows the judicial branch to check the other branches. If a
law or act violates the Constitution, then the law or act should not be carried out.
22
Do you remember how the legislative and executive branches can check the power of the
judicial branch?
Study the chart below.
Think about . . .
• What are the checks on the judicial branch by the other branches of government?
23
U.S. Court of Appeals
The United States is organized into judicial districts, each of which has a United States
Court of Appeals. They were created in 1891 to relieve overcrowding of the U.S.
Supreme Court docket. The judges on the Court of Appeals are appointed for life terms
by the President of the United States with the advice and consent of the U.S. Senate.
The United States Courts of Appeals are appellate courts. The appeals courts review
the decisions of federal district courts, certain special courts, and administrative bodies,
except in those few instances where direct review by the U.S. Supreme Court is
mandated. A Court of Appeals hears cases in which one party asks the court of appeals to
review the decision from district court. Therefore, this court has appellate jurisdiction.
U.S. District Courts
The 94 United States District Courts are the trial courts of the federal court system,
meaning they have original jurisdiction. U.S. District Courts are the only federal court
with a jury. To have a case heard in this court, someone must be accused of breaking a
federal law (criminal case). The District Courts also hear civil cases.
Source: MSDE Government Online
Course, Unit 5
24
Part 2: Marbury v. Madison
Marbury v. Madison
Facts of the case:
William Marbury received a commission to be a justice of the peace for Washington D.C.
at the end of President John Adams’ term of office. In the confusion of the last day of his
Presidency, the outgoing Secretary of State John Marshall did not deliver the commission
paperwork to Marbury. After Thomas Jefferson became President, William Marbury
asked the new Secretary of State, James Madison, for his commission. Madison refused
to deliver the commission. To protest this action, Marbury went to the U.S. Supreme
Court and asked them to issue a writ of mandamus. A writ of mandamus is an order from
the court telling an official to perform their duties. This action would force Secretary of
State James Madison to deliver the commission. Marbury believed that under the
Judiciary Act of 1789 the Court could issue such a writ.
Source: http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/judicialrev.htm
Decision:
The Supreme Court ruled that, while Marbury was due his commission, the Supreme
Court was not the proper court to go to. While the Judiciary Act of 1789 gave the
Supreme Court the power to issue such a writ, it was not a power given to the Supreme
Court by Article 3 of the Constitution. As a result, Chief Justice Marshall said that the
Judiciary Act 1789 was in conflict with the Constitution. Because the Constitution was
supposed to be the supreme law of the land, the Supreme Court could not enforce a law
that violated it. This case established the Supreme Court’s power to review acts of
Congress and to declare federal laws that are in conflict with the Constitution invalid.
This power is referred to as judicial review.
On your student resource sheet, explain how the decision in Marbury v. Madison affected
the power of the Supreme Court.
Source: MSDE Government Online
Course, Unit 5
25
Part 3: McCulloch v. Maryland
Sometimes the use of the power of judicial review can also expand the powers of other
branches of government or affect the power of the states. After establishing the principle
of judicial review, the Supreme court debated the issue of federal and state power in the
McCulloch v. Maryland case. This case was based on the "necessary and proper clause"
of Article 1 Section 8 of the United States Constitution.
When the Constitution was written, some of the framers of the Constitution were nervous
about giving too much power to the national government. However, others recognized
that times would change, and such change would require the Constitution to be a flexible
document, open to interpretation.
To make all Laws which shall be necessary and proper for carrying into
Execution the foregoing Powers, and all other Powers vested by this
Constitution in the Government of the United States, or in any Department
or Officer thereof.
This excerpt is known as the “necessary and proper clause” or elastic clause of the
Constitution. By permitting Congress to make laws "necessary and proper", Congress can
stretch its power beyond those expressly stated in the Constitution. This means that
Congress has powers that are implied, not stated, in the Constitution. Implied powers are
powers that are not stated in the Constitution, but give Congress flexibility when it comes
to carrying out their expressed powers
This interpretation of the necessary and proper clause is based on the decision by the
Supreme Court in the McCulloch v. Maryland case.
Read the facts and decision of McCulloch v. Maryland and then respond to the questions
on your student resource sheet.
Source: MSDE Government Online
Course, Unit 5
26
McCulloch v. Maryland
Facts of the case
In 1816, the United States Congress created the 2nd National Bank of the United States to
provide a national currency. This action was not popular with many of the states because
it caused an economic depression. As a result, many states would not let the bank operate
in their states and six states, including Maryland, passed laws that placed a tax on the
bank. In Baltimore, James McCulloch, a cashier with the Second Bank of the United
States, refused to pay the tax. The state of Maryland sued McCulloch and won in the
Maryland State Courts. McCulloch appealed to the U.S. Supreme Court.
Decision
In the decision, the Supreme Court found that the Constitution did not expressly give
Congress the power to charter a national bank. However, Article 1, section 8, clause 18
did give the Congress the power to “make all laws which shall be necessary and proper
for carrying into execution the foregoing powers”. This “necessary and proper” clause
justified the power of the federal government to create the bank. This clause, also known
as the elastic clause, expanded the powers of the federal government and gave them the
power to address the needs of the nation when necessary. The Court also stated that
Maryland could not tax the bank. This interpretation strengthened Congress because it
meant that if an individual state was unhappy with a law passed by Congress, it could not
take steps to interfere with the operation of the law within its boundaries. This case
upheld the supremacy of the national government over state governments.
Source: MSDE Government Online
Course, Unit 5
27
Federal Judicial System
Name:
Part 1:
1. Which court is the final authority on the meaning and interpretation of the
Constitution?
2. How do Supreme Court justices receive their jobs?
3. Study the chart in the reading. What are the checks on the judicial branch by the other
branches of government?
4. What are the titles of the lower federal courts? What is their purpose?
Part 2: Marbury v. Madison (1803)
Read the information about the court case Marbury v. Madison (1803) and complete the
chart below.
Court Case
Decision
Marbury v. Madison (1803)
Words or picture that help
you remember
For example: JUDGE
Explain how the decision in Marbury v. Madison contributed to the power of the
Supreme Court.
28
Part 2: Interpreting a Political Cartoon
Examine the cartoon below and answer the questions that follow.
1. What people are in the cartoon?
2. What objects are in the cartoon?
3. What do these objects and people symbolize?
4. What is the relationship between the objects and people?
5. What message is the author trying to convey?
6. Do you agree with the cartoonist? Explain.
29
Part 3: McCulloch v. Maryland (1819)
Read the information about the court case McCulloch v. Maryland (1819) and complete
the chart below.
Court Case
Decision
Words or picture that help
you remember
McCulloch v. Maryland
For example: McDonald’s
(1819
Explain how the Supreme Court decision in McCulloch v. Maryland affected the power
of the national government.
Source: MSDE Government Online
Course, Unit 5
30
The Maryland Court System
Part 1: Introduction
The Maryland Court System is comprised of four court levels: two trial courts with
original jurisdiction and two appellate courts. On the state level, the Governor appoints
judges and the State Senate must approve these appointments.
Maryland courts hear two types of cases: civil and criminal.
Civil cases may result in the awarding of monetary damages (money) or community
service. If it is a civil case, when one person sues another for a wrongdoing, then the
amount in question determines the court that hears the case.
Criminal cases may result in fines or imprisonment. If it is a criminal case, when
someone is accused of breaking a law, the court that hears the case is based partly on
whether the charge is a felony or misdemeanor.
Finally, the court of jurisdiction can be determined by whether the charge is a violation of
federal (US) or state (Maryland) law.
Part 2: Organization and Jurisdiction of Maryland Courts
The Maryland Court of Appeals is the highest court in the State. The judges are
appointed by the Governor and confirmed by the State Senate.
The Court of Appeals hears cases involving the death penalty, legislative redistricting,
removal of certain officers, and other questions of law. If a party to a case wants to
appeal further, they can appeal to the United States Supreme Court.
The Court of Special Appeals is Maryland’s intermediate appellate court. The Governor
appoints the judges with the consent of the State Senate. The Court of Special Appeals is
the first to hear cases from the Circuit Court.
The Circuit Court of Maryland is a trial court with a jury. These judges are appointed
by the Governor, approved by the State Senate and then must run for election. The
Circuit Courts in Maryland generally handle major civil cases and more serious criminal
matters, along with juvenile cases and family matters such as divorce. There is a Circuit
Court in each county of the State and Baltimore.
The Circuit Courts can also hear cases from the District Court (civil or criminal) in which
one of the parties has requested a jury trial, under certain circumstances. The Circuit
Courts have appellate jurisdiction and hear most appeals from the District Court,
orphans’ courts and administrative agencies.
The District Courts are located throughout Maryland. The judges are appointed by the
Governor and approved by the State Senate for 10-year terms.
There are no juries in the District Court; each case is heard and decided by a judge. The
31
District Court hears both civil and criminal cases, and has exclusive original jurisdiction
over landlord /tenant disputes and other civil cases involving amounts at or less than
$5,000. The District Court also handles motor vehicle violations, other misdemeanors and
limited felonies. Both trial courts can hear domestic violence cases.
Facts you should know:
The Circuit Court and District Court share jurisdiction if the penalties authorized are
three years or more in prison, a fine of $5,000 or more, or both.
Both trial courts can hear domestic violence cases.
Check for Understanding
Which of the following would be considered issues that would be heard in a Maryland
court or a federal court?
•
A dispute about a Maryland medical malpractice law.
•
A case involving someone smuggling illegal drugs into the United States.
•
A dispute between a tenant and landlord.
•
A musician claims another artist copied a song that was copyrighted.
Source: MSDE Government Online
Course, Unit 5
32
Federal Government
Judicial Branch
Supreme Court
U.S. Court of Appeals
U.S. District Courts
Teacher transparency
33
State Government
Judicial Branch
Court of Appeals
Court of Special Appeals
Circuit Courts
District Courts
Teacher transparency
34
Session 2: Criminal Law
Overview
Students learn about due process and the judicial system by using case studies in criminal
law. The Mapp v. Ohio, Gideon v. Wainwright and Miranda v. Arizona cases are
analyzed to determine the affects on states and those accused of crimes. A case study is
used to analyze civil law in the next session.
Objectives:
1. Explain the significance of the United State Supreme Court's decisions on the rights
of those accused of crimes in the cases Gideon v. Wainwright (1963) and Miranda v.
Arizona (1966) (1.2.1 d)
2. Explain the meaning of due process of law as set forth in the Fifth Amendment (1.2.4
a)
3. Explain how procedural due process limits the powers of government and protects the
accused (1.2.4 b)
4. Explain why it is necessary to have both substantive and procedural due process
(1.2.4 c)
5. Analyze the implications and applications of the Fourteenth Amendment, focusing on
the due process and equal protection clauses (1.2.4 d)
6. Explain how the Supreme Court used the incorporation doctrine to expand the
influence of the due process clause of the Fourteenth Amendment in cases, such as
Gitlow v. New York (1925), Near v. Minnesota (1931), Mapp v. Ohio (1961) (1.2.4 f)
7. Identify the elements of criminal law including: defendant, prosecutor, reasonable
doubt, felony, misdemeanor, grand jury, indictment, probable cause, presumption of
innocence, plea bargaining, writ of habeas corpus, subpoena (1.2.5 d)
8. Compare the proceedings of civil and criminal cases including: grand jury, petit jury,
indictment, standards of proof (beyond reasonable doubt and preponderance of
evidence), plea bargaining, probable cause, writ of habeas corpus, and
subpoena (1.2.5 e)
Assessment Limits
 Cases included: Marbury v. Madison, McCulloch v. Maryland, Plessy v. Ferguson,
Brown v. Board of Education, Miranda v. Arizona, Gideon v. Wainwright, Tinker v.
Des Moines Board of Education, and New Jersey v. T.L.O.
 Other cases that address the same issues could be used, but information about these
cases will be provided in the item.
 Fifth Amendment due process clause
 Fourteenth Amendment due process clause
 Procedural due process and the incorporation doctrine under the Fourteenth
Amendment
 Compare and contrast the elements, proceedings, and decisions related to criminal and
civil law
 Civil law: plaintiff, defendant, contract, breach of contract, torts (lawsuits involving
negligence), damages, preponderance of evidence, petit jury and out-of court
settlements
35
 Criminal law: defendant, prosecutor, reasonable doubt, felony, misdemeanor, grand
jury indictment, probably cause, presumption of innocence, plea bargaining, writ of
habeas corpus and subpoena
Key Questions
1. What is the significance of the Supreme Court decisions Marbury v. Madison,
McCulloch v. Maryland, Plessy v. Ferguson, Brown v. Board of Education, Miranda
v. Arizona, Gideon v. Wainwright, Tinker v. Des Moines Board of Education, and
New Jersey v. T.L.O.?
2. How do the decisions of the Supreme Court change overtime and affect the liberties
of citizens?
3. How does the 5th Amendment due process clause protect the accused?
4. What is the significance of the Incorporation Doctrine established by the Supreme
Court?
5. How do the Constitution and the Bill of Rights provide protection of civil rights and
civil liberties?
Key Terms
Procedural Due Process
5th Amendment
Incorporation Doctrine
Double Jeopardy
Indictment
Bail
Counsel
Misdemeanor
Prosecution
Grand Jury
Plea Bargain
Writ of Habeas Corpus
Petit Jury
Substantive Due Process
14th Amendment
Warrant
Probable Cause
Self-Incrimination
Miranda Rights
Felony
Defense
Indictment
Presumption of Innocence
Beyond a Reasonable Doubt
Subpoena
Witness
Directions
1. Activating Prior Knowledge. Place the following example of due process on the
overhead and direct students to read it:
The Anne Arundel County Public Schools Code of Conduct states that if a student is
alleged to have broken a school policy, then they “are entitled to notice of the
allegations against them and the opportunity to respond to the allegations” (2004, p.
15).
Ask:
What do you know about due process right for those accused of crimes?
Review a few student responses. Adjust instruction as needed.
36
2. Developing Understanding – Lecture Burst – Due Process. Explain that one of the
most important rights of persons accused of crimes is the right of due process. Define
due process and direct students to record it in their notebook;
• due process – the Constitution guarantees that no state can deny basic rights to
its people. Every citizen is protected against arbitrary action by the
government.
Explain that these procedures are spelled out in 4th – 8th Amendments. When the Fifth
Amendment was adopted, the Bill of Rights applied only to the federal government.
The Fourteenth Amendment applied the Bill of Rights to the states.
Place the transparency Procedural Due Process and the Bill of Rights on the overhead
and review. Direct students to take notes as needed.
3. Checking for Understanding – Due Process. Distribute Mapp v. Ohio and ask
students to respond after reading to the following:
• How did the Supreme Court decision affect states?
Review student responses.
4. Developing Understanding – Before and During Reading – Criminal Law. Divide
students into pairs. Explain that students will read a case that incorporates the
elements of criminal law. Read the scenario aloud.
Direct students to pause after each section, review the question, and discuss the
response with a partner. A Student Resource Criminal Law is provided for students to
record responses. Set the purpose to read:
• identify the rights of the accused
• explain the elements and proceedings of a criminal trial
Stop after Part 1 and discuss the questions with students.
Direct students to continue to read, discuss and respond to questions in Part 2.
5. Check for Understanding – After Reading – Case Studies. Review “Part 2 The
Trial” of the reading. After discussion direct students to complete the Check These
Terms quiz.
Then distribute Case Studies and direct students to read Part 1 Gideon v. Wainwright.
Explain that this is an important case that affected the rights of those accused of
crimes. Distribute the Student Resource Case Studies and direct students to complete
Part 1. Follow the same process for Part 2 Miranda v. Wainwright.
6. Checking for Understanding – After Reading – Quiz. Direct students to use what
they know about due process, criminal law and the court decisions in Gideon v.
Wainwright (1963) and Miranda v. Arizona (1966), to respond to the following:
37
•
•
How does due process restrict the power of the government?
How does the government balance the rights of the accused as provided by due
process and the protection of society?
NOTE: A mock trial is included in Remy at the end of Chapter 15 that gives students
another way to reinforce their understanding of criminal law.
7. Extension – Participate in a Mock Trial. You may create your own mock trial or
download one of the scripted trials for student use.
• State of Maryland v. Chris Smith. Download all materials to conduct a mock
trial from the Maryland State Court website. This is a felony drug possession case.
Link to http://www.courts.state.md.us/mocktrial/ The materials are included in this
guide.
• Putting on Mock Trials. Link to
http://www.classbrain.com/artteensm/uploads/mocktrialguide.pdf
This source is booklet that gives explicit instruction on conduction mock trials.
There are scripted trials included in this resource for all grade levels. For purposes
of this criminal law lesson, you may wish to select State v. Randall (Secondary)
about an altercation in a night club that leads to a criminal assault case.
Additional Resources:
1. United States Government Democracy in Action (Remy, Glencoe/McGraw-Hill),
Chapter 15 covers a limited amount of information about criminal law. Chapter 14
covers Miranda and Gideon decisions. Chapter 13 includes the incorporation doctrine
and Mapp v. Ohio. Teachers will have to include additional resources to prepare
students for the Government HSA.
2. Judges in the Classroom Lesson Plan: Battered Child Syndrome Mock Trial.
This mock trial was written by the Institute for Citizen Education in the Law, Seattle,
WA and updated. Link to
http://www.courts.wa.gov/education/lessons/index.cfm?fa=education_lessons.display
&displayid=Battchil
3. Mock Trial lessons based on many topics are found at
http://www.law.washington.edu/StreetLaw/lessons.html These lessons vary in
complexity and difficulty.
4. Citizenship Law Related Education Program for Schools in Maryland has information
about mock trials, a method favored by many educators to teach criminal and civil
law. Check out information at http://www.clrep.org/default.asp?page_name=home
5. Gideon v. Wainwright lesson plans may be downloaded from
http://www.landmarkcases.org/gideon/home.html Lesson plans include
recommendations based on teacher need and various reading levels. Lessons include
political cartoon interpretation and a section called “After the Case.” The concept of
federalism has a special activity included in this lesson. Links are provided for related
websites.
6. Miranda v. Arizona lesson plans may be downloaded from
http://www.landmarkcases.org/miranda/home.html Lesson plans include
38
recommendations based on teacher need and various reading levels. Lessons include
political cartoon interpretation and a section called “After the Case.” The concept of
federalism has a special activity included in this lesson. Links are provided for related
websites.
39
Procedural Due Process and the Bill of Rights
4th Amendment
Protects against unreasonable search and
seizure. A warrant is required to search a
person or place. Probable cause is required to
get a warrant.
5th Amendment
Requires that a person be indicted by a grand
jury if they are to go to trial. It protects people
from double jeopardy and from selfincrimination.
6th Amendment
Guarantees a speedy and public trial by an
impartial jury. This amendment also ensures
that the accused receives a lawyer and is able
to question witnesses.
7th Amendment
Guarantees a jury trial in a civil case.
8th Amendment
Prohibits excessive bail and cruel and unusual
punishment.
40
Mapp v. Ohio (1961)
Directions: Read the information below and answer the question that follows.
Facts of the case:
In 1957 police officers suspected Dollree Mapp of criminal activities. The police entered
her home on May 23, 1957 claiming they had a search warrant. A search warrant is
required under the 4th Amendment to the Constitution in order to search someone’s home.
During the search, the police found obscene photos and arrested Ms. Mapp. Possession of
such materials was illegal in Ohio. Dollree Mapp was convicted and sentenced to prison.
She appealed her case claiming that the 4th Amendment’s guarantee against unreasonable
searches was violated.
Decision:
The Supreme Court overturned Mapp’s conviction. They ruled in her favor, stating that
evidence obtained when the police violated her 4th Amendment rights could not be used
against her. This is known as the exclusionary rule. While the exclusionary rule was
created by the Supreme Court in the case Weeks v. U.S. (1914), Mapp v. Ohio (1961) held
that the exclusionary rule also applied to state and local law enforcement officers.
•
How did the Supreme Court decision affect states?
41
Criminal Law Case
Part 1: The Case
Directions: Read the following case. Determine your responses to the questions and be
prepared to defend your response.
Joe lost his job and needs money. In desperation, he robbed the local convenience store.
He held the clerk up at gunpoint, stole $4,000 and took off with the clerk’s car. The
robbery was caught on video and police arrested Joe in the stolen car. Think about . . .
What crimes did Joe commit?
In criminal law, the government charges someone with a crime. In this case, Joe is
charged with a felony. Felonies are very serious crimes such as arson, rape or
manslaughter. Felonies are punishable by more than a year in jail.
He could have been charged with a misdemeanor but his crime was more serious.
Misdemeanors are also crimes but they are not as serious as felonies. Misdemeanors are
crimes such as shoplifting, trespassing, and simple assault. These crimes are often
punished with a fine, community service, or a short time in jail.
Think about . . .
What kind of crime was Joe charged with?
The two sides of a criminal case are the defendant, or person accused of the crime, and
the prosecution, which represents the state. The prosecution tries to prove that the
defendant is guilty. Joe is entitled to a court appointed attorney if he can not afford one.
Think about . . .
Is Joe the defendant or the prosecution?
The first step in a criminal case is the investigation, which allows the prosecution to
gather enough evidence to issue a warrant for the arrest of the defendant. The writ of
habeas corpus prevents people from being held in jail without sufficient evidence.
A writ of habeas corpus means "produce the body". This requires
a prison official to bring an inmate to the court so it can be determined
whether the person is imprisoned lawfully and whether he should be
released from custody.
Habeas Corpus is not allowed to be suspended unless the safety of the public is
threatened due to rebellion or invasion.
Upon arrest, the judge may permit money or credit to be deposited with the court to
obtain temporary release of an arrested person and to guarantee his or her appearance at
the trial. This is called bail. If the accused is considered a threat to society, he or she will
42
not be granted bail. The Eighth Amendment to Constitution requires the amount of bail to
be related to the severity of the crime and prevents cruel and unusual punishment.
Think about . . .
What is a writ of habeas corpus?
How does it apply to criminal law?
Part 2: The Trial
Since Joe was charged with a felony, then the case will be heard first by a grand jury.
The grand jury is a group of 16 to 23 citizens who review the evidence. The grand jury
may issue an indictment--a formal accusation if there is enough evidence to bring the
accused to trial. The grand jury does not make a judgment as to guilt or innocence.
Joe was indicted. After being indicted, Joe appeared at an arraignment where he was
informed of the charges against him and asked to plead guilty or not guilty. He pleaded
not guilty.
Joe was assigned a trial.
Joe's lawyer prepared for the trial. He questioned the witnesses against Joe and called his
own witnesses to testify. Witnesses are issued a subpoena, or court order to appear in
court to testify
The burden of proof is on the prosecution because the defendant is innocent until
proven guilty.
The lawyer questioned the witnesses against Joe and called his own witnesses to testify.
Witnesses are issued a subpoena, or court order to appear in court to testify.
During the trial, a petit jury will decide the case. The jury must be certain beyond a
reasonable doubt, meaning that if they have doubt, then they must vote not guilty. If the
jury finds the accused guilty of the crime, the judge decides the sentence. If the jury
finds the accused not guilty, then the accused is acquitted (released from charges)
and cannot be charged again for this crime ( double jeopardy).
However, not all cases go to trial. Sometimes, the prosecution and defense arrange a plea
bargain. In plea-bargaining, a settlement is reached by negotiations between the
prosecution and defense.
It is estimated that 90 percent of all serious crime judgments are handled by plea
bargaining. Plea bargaining usually results in admission of guilt to a lesser charge than
the crime of which the person was accused.The sentence is less than it would be if he or
she was found guilty of the more serious charge, and the state saves the cost of a trial.
Theoretically, justice has been served.
Critics point out, however, that criminals are often inadequately punished and too quickly
return to society to strike again. Other critics believe plea-bargaining may intimidate an
innocent person to admit to a minor crime for fear of losing if tried for a more serious
crime.
43
Think about . . .
What is the alternative to going to trial for Joe?
What are the advantages and disadvantages to plea bargaining?
Should the plea bargain be part of the criminal justice system? Explain why or why not.
Source: MSDE Government Online Course, Unit 5
44
Student Resource Criminal Law
Name:
Directions: As you read the information about Criminal Law, answer the questions
below and define the terms.
1. Define these terms.
Key Term
Due Process
Definition
Criminal Law
Presumption of Innocence
Joe lost his job and needs money. In desperation, he robbed the local convenience store.
He held the clerk up at gunpoint, stole $4,000 and took off with the clerk’s car. The
robbery was caught on video and police arrested Joe in the stolen car.
2. Make a list of the crimes Joe committed.
3. Define these terms as you read about criminal law.
Key Term
Misdemeanor
Definition
Felony
Defendant
Prosecution
45
4. What kind of crime was Joe charged with?
5. Is Joe the defendant or the prosecution?
6. What is a writ of habeas corpus? How does it apply to criminal law?
7. Define these terms.
Key Term
Grand Jury
Definition
Indictment
Subpoena
Beyond a Reasonable
Doubt
Plea Bargaining
46
8. What is the alternative to going to trial for Joe?
9. What are the advantages and disadvantages to plea-bargaining?
Advantages
Disadvantages
10. Should the plea bargain be part of the criminal justice system? Explain why or
why not.
Source: MSDE Government Online Course,
Unit 5
47
Check These Terms
Directions: Match the vocabulary words to the headline.
Writ of Habeas Corpus
Indictment
Plea Bargain
Jury
Prosecution
Reasonable Doubt
1.
State’s Attorney Pleased with Sentencing
2.
Both Sides of Murder Case Agree to Involuntary
Manslaughter
3.
Grand Jury Finds Evidence Convincing
4.
Kidnapping Suspect Released from Jail Due to
Insufficient Evidence
5.
Eye Witness Testimony Convinces Jury to Acquit
Accused
6.
Unanimous Verdict Leads to Life in Prison
Source: MSDE Government Online Course
48
Case Studies
Directions: Read the information below and complete the chart on your worksheet.
Part 1: Gideon v. Wainwright (1963)
Facts of the case
Clarence Earl Gideon was arrested in Florida and charged with burglary of a pool hall.
This was a felony. Gideon asked the court to appoint an attorney to represent him since
he could not afford to hire a lawyer to defend him. The court denied his request and
Gideon represented himself. At the time, the law only required the state to appoint
attorneys for poor defendants in death penalty cases. Gideon was convicted and
sentenced to five years in prison. While in prison, Gideon appealed his guilty verdict to
the United States Supreme Court. Gideon claimed that the failure of the trial court to
provide him with an attorney violated the protections in the 6th and 14th Amendments.
Decision
The Supreme Court unanimously ruled in Gideon, through the 14th Amendment, that the
protections of the 6th Amendment were extended to the states for all felony cases. This
meant that states were required to appoint counsel for all poor defendants in felony cases.
The Court reversed the decision of the Florida courts and sent the case back to the state
for a new trial. At this trial, Gideon was acquitted of the charges.
Part 2: Miranda v. Arizona (1966)
Facts of the case:
Ernesto Miranda was arrested for kidnapping and attacking a young woman. After being
identified in a police line-up, he was questioned for two hours. During the questioning,
Miranda was not informed of his rights and confessed to the crime. He was convicted and
he appealed his case to the Supreme Court stating that his 5th Amendment right against
self-incrimination was violated.
Decision:
The Supreme Court ruled that Miranda’s right to 5th Amendment protections including
protection from self-incrimination was violated. They outlined the rights that a suspect
must be made aware before being questioned and also stated that if at any time before or
during the interrogation the individual indicates he wishes to remain silent, the
questioning must stop.
The decision in Miranda v. Arizona was controversial when it was handed down and
remains so even today. However, Dickerson v U.S. 530 U.S. 428 (2000) upheld the
requirement for police to give suspects Miranda warnings. In the Dickerson opinion,
Chief Justice Rehnquist stated that “Miranda has become embedded in routine police
practice to the point where the warnings have become part of our national culture.”
Source: MSDE Online Government Course
49
Student Resource Case Studies
Part 1: Gideon v. Wainwright (1963)
Read the information about the court case Gideon v. Wainwright (1963) and complete the
chart below.
Court Case Facts
Decision
Words or picture that
help you remember
Gideon v. Wainwright
Part 2: Miranda v. Arizona (1966)
Read the information about the court case Miranda v. Arizona (1966) and complete the
chart below.
Court Case Facts
Decision
Miranda v. Arizona
50
Words or picture that
help you remember
State of Maryland v. Chris Smith
Mock Trial
Source: http://www.courts.state.md.us/mocktrial/
The Criminal Jury Trial Process
The following is a brief, general introduction to this trial, so that you will be better able to
perform your important duty of deciding the facts diligently and conscientiously. If they
wish, [both] the State’s Attorney and the Defense Attorney may make opening
statements. Opening statements are not evidence, but rather statements of what the
lawyers expect to prove. The State’s Attorney will then present evidence. After his/her
case has been presented through witnesses and exhibits, the Defense Attorney will then
have an opportunity to present evidence. Each witness is first examined by the party who
calls the witness to testify and then the opposing party is permitted to cross-examine the
witness. Both parties then get an opportunity to re-cross-examine (also called redirect)
the witness.
At times during the trial, objections will be made and the judge will rule on them. You
should not concern yourself with the objections made by the lawyers or with the judge’s
rulings on those objections. This is because questions of law and admissibility of
evidence do not involve the jury; they are decided by the judge. It is the duty of a lawyer
to make objections and motions which the lawyer believes are proper. You should not be
influenced by the fact that a lawyer has made objections or by the number of objections
which have been made.
At the end of all the evidence, the State’s Attorney and Defense Attorney will give their
closing arguments, at which time they will point out to you what they contend the
evidence has shown and the conclusions they would like you to draw from the evidence.
What the lawyers say in their opening statements, in their closing arguments, and in
making objections or motions during the trial, is not evidence (The reason the State’s
Attorney goes first in each instance is because he/she has the burden of proof).
After closing arguments, you will retire to the jury room and begin deliberations. It will
then be your function and responsibility to decide the facts. You must base your findings
only upon the testimony, the exhibits received and the stipulation[s] of the parties and
any conclusions which may fairly be drawn from that evidence.
During the trial and during any recess, do not express any opinion about the case. Do not
even discuss the case, either among yourselves or with any other person. You must base
your decision only on the evidence presented in this courtroom. Keep an open mind
throughout the trial.
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Background
Last month, 18-year-old Chris Smith was taken into custody by Maryland State Police,
and charged with felony possession of drugs. The degree of violation depends on how the
drugs were used, i.e. for personal use or for distribution, and the amount confiscated. In
this case, The State Police charged Mr./Ms. Smith with possessing a pound or more of
drugs, which is considered a felony and a jailable offense. The maximum penalty for
possessing more than a pound of drugs is 10 years in prison.
The case is being heard in the county where the charge was brought. Because this is a
felony case, the trial will be held in a circuit court. If the case were a misdemeanor, the
case would be heard in District Court in the county where the charge was filed by police.
At the pre-trial hearing, the defense attorney for Mr./Ms. Smith, Lee Marshall, notified
the judge that his/her client has requested a jury trial. This is the trial that is to occur
today.
Players
Circuit Court Judge Pat Myers
The Judge in the case, during the trial, pay attention to the litigants and witnesses at all
times. Once attorney ‘A’ has completed questioning a witness, ask attorney ‘B’ if he/she
would like to question the witness. Once attorney ‘B’ is done, ask attorney ‘A’ if he/she
would like to cross-examine the witness. Once attorney ‘A’ is finished cross-examining,
ask attorney ‘B’ if he/she would like to re-cross-examine. Once attorney ‘B’ finishes, the
witness is free to step down. Always make eye contact with whom you are speaking too.
Be calm and forthright with your decisions.
State’s Attorney Terry Stevens
Representing the state, always stand when talking to the judge, even for brief periods.
When questioning a witness, approach the witness stand and ask questions directly. With
each witness, you will have the opportunity to cross-examine after the defense is done
questioning the witness. When introducing evidence, first hand the evidence to the bailiff
to give to the judge, then hand the evidence to the witness. When addressing the jury
during your opening statement and closing argument, approach the jury and make eye
contact. Be confident in your case at all times. Always show respect for the court and the
judge.
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Defense Attorney Lee Marshall
The attorney for Mr./Ms. Jones, always stand when talking to the judge, even for brief
periods. When questioning a witness, approach the witness stand and ask questions
directly. With each witness, you will have the opportunity to cross-examine after the
prosecutor is done questioning the witness. When introducing evidence, first hand the
evidence to the bailiff to give to the judge, then hand the evidence to the witness. When
addressing the jury during your opening statement and closing argument, approach the
jury and make eye contact. Be confident in your case at all times. Always show respect
for the court and the judge.
Defendant Chris Smith
You may have the hardest part. Although you are the sole individual charged in this case,
you are purely a spectator in the courtroom. When conferring with your attorney, do so
quietly and seriously. Try to make eye contact with jury members as a sign of innocence.
By looking and acting proper, your silence can go a long way in helping to persuade the
jury in your favor.
Witnesses:
Cpl. Jay Collins
Chris Gelman
Kelly Larue
Tyler Lincoln
Sgt. Jessie Burton
Sherm Sidwell
As a witness, have a seat in the gallery. Pay attention for your name to be called by either
the prosecutor or defense attorney. Once your name has been called, proceed to the
witness stand, where you will be sworn in. Stay standing, raise your right hand, and agree
to the swearing in by saying “I do.” Be seated in the witness box and answer questions
from the attorneys. Once the judge tells you to step down, return to the gallery.
Bailiff
You have many jobs inside a courtroom. Your main duty is to stand quietly to the right of
the witness box and keep a stern eye on the happenings in the courtroom. When one of
the attorneys introduces evidence, you must take the evidence to the judge, wait for the
judge’s approval, than return the evidence. When a witness is called, administer the
swearing in to the witness in front of the witness stand by saying, “Please remain
standing and raise your right hand. You do solemnly declare and affirm under the penalty
of perjury, that the testimony you shall give, shall be the truth, the whole truth and
nothing but the truth.” Once the witness says, “I do” or “I will,” instruct the witness to be
seated and then ask him/her to please state his/her name and address for the record. If the
witness is a police officer, ask him/her to please state his/her name and assignment for the
record.
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Jury Foreperson
You are the head juror, and consequently, responsible for reading the verdict to the judge.
In addition, during deliberations, you should try to keep the lines of communication open
and continuing, make sure that no one is dominating the conversation, and decide on the
best way to conduct a final vote. If the jury is heading towards a hung jury verdict, you
should press both sides to make more convincing arguments. Once a decision has been
made, contact the bailiff and inform him that the jury has reached a verdict. Write down
the verdict on the verdict sheet and hold until the judge asks for it.
Jurors
You are responsible for deciding if Mr./Ms. Smith is innocent or guilty of the charge
being brought before him/her in court today. During the trial, quietly listen to the
attorneys and to the witnesses, factor in any evidence introduced, and jot down notes to
help remember important aspects of the case. During deliberation, openly discuss the
facts, the witnesses’ testimony, the arguments on both sides, the evidence, etc. This is a
chance to confer and debate with one another. During a real case, jurors are given an
indefinite amount of time to deliberate. Given time constraints in the classroom, however,
the jury is given a time limit by the teacher. Before the time limit has passed, the jury
must decide how they as a whole will decide the case.
The Setup
Decide how many students you wish to participate in the trial. The main players are the
judge, defendant, state’s attorney, defense attorney, bailiff, and the six witnesses (the
judge can either be a student or a teacher). The size of the jury can vary. You can have
either one 12-person jury, two six-person juries (whereas, each side deliberates
separately), or for smaller class sizes, 6-8 jurors. Other students not playing a part can act
as observers in the gallery.
Before the trial, print out all the materials on the mock trial website. Provide all students
with the trial background, legal definitions, and player descriptions. Hand out the exhibits
(lab report and police logbook) to the state’s attorney, and the juror information to the
jury or juries. Each player should spend some time getting familiar with his/her role and
script. The entire trial is scripted, with the exception of the closing arguments by the
prosecutor and the defense attorney, who have to write their own closing arguments.
The Day of the Trial
Assemble the classroom according to the courtroom setup display. Seat the jurors in the
jury box(es). Select one juror to be the foreperson of that jury. Have the defendant,
defense attorney and the state’s attorney seated at their respective tables. Witnesses are
seated in the gallery. The bailiff stands to the right of the bench, next to the witness stand.
The judge enters the courtroom.
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Jury Deliberation
During deliberation, jurors are to openly discuss the facts, the witnesses’ testimony, the
arguments on both sides, the evidence, etc. This is a chance to confer and debate with one
another. During a real case, jurors are given an indefinite amount of time to deliberate.
Given time constraints in the classroom, however, the jury is given a time limit by the
teacher. Before the time limit has passed, the jury must decide how they as a whole will
decide the case. Once a decision has been made, contact the bailiff and inform him that
the jury has reached a verdict. The foreperson is to write down the verdict and hold until
the judge asks for it.
Announcement of the Verdict
At this time, all parties except the judge return to the courtroom in their respective places.
The bailiff asks everyone to rise as the judge enters the courtroom. Once seated, the judge
then asks everyone to be seated. The judge asks the jury or juries if they’ve reached a
verdict. The jury foreperson answers yes if a verdict has been reached, or explains to the
judge that the jury is hung. If a verdict has been reached, the foreperson hands the verdict
sheet to the judge, then says to the judge, “We the jury find the defendant, Chris Smith,
______.”
Conclusion
If the defendant was found guilty, the judge will set a date for sentencing and probably
request a report on the defendant’s past behavior to help him make a decision about the
sentence. If the defendant is found not guilty, the defendant is free to go. (In the case of a
hung jury, a judge will often ask the jury to continue deliberations.) In either situation,
the losing side has the opportunity to appeal the case to the Court of Special Appeals. In
certain trials, a case can be appealed to the Court of Appeals, Maryland’s highest court.
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DISCUSSION POINTS
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How did the jury or juries come to their conclusion?
How did jurors try to sway or persuade opposing jurors?
What part of the court process was surprising to you?
How did this trial compare to court cases you see on TV?
What is the importance of the following phrases: Innocent until proven guilty;
Beyond a reasonable doubt; Constitutional rights of every individual;
What witness/evidence/testimony were you most impressed with? Why?
The choice of whether to ask for a jury trial is the defendant’s. Why would
someone want their case heard by a jury? Advantages? Disadvantages?
Under the United States Constitution, a defendant is not required to testify. Chris
Smith did not testify in his/her own defense. Did that affect your decision about
guilt or innocence?
Do you believe that a defendant is likely to be guilty if the State goes to the
trouble to take the case to trial?
Allowing a substance-sniffing dog to walk around a car is legal under Maryland
law. Should this law be changed?
On a couple of occasions, the jury was instructed by the judge to ignore
statements or questions. Did you still take those statements into consideration?
If you were the prosecutor or defense, what questions, witnesses, or evidence
would you have used to strengthen your case?
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State of Maryland
v.
Chris Smith
(Judge enters the courtroom)
BAILIFF
All rise. Here ye here ye, this circuit court of the State of Maryland is now in session. The
Honorable Pat Myers presiding.
JUDGE
Thank you. You may be seated. The case before us is State of Maryland v. Chris Smith.
Mr./Ms. Smith, you are charged with felony possession of drugs, which means that the
defendant is charged with having a pound or more of drugs in his/her possession. The
defendant has pleaded not guilty and has requested a jury trial. Mr./Ms. State’s Attorney,
is the State ready to proceed?
STATE’S ATTORNEY
Yes, your honor.
JUDGE
Is the defense ready to proceed?
DEFENSE
Yes, your honor.
JUDGE
Very well, the State may proceed with its opening statement.
STATE’S ATTORNEY
Thank you, your honor. Ladies and gentlemen of the jury – On behalf of the State, I want
to thank you for being here today. Under our criminal justice system, citizens charged
with certain crimes are entitled to have their case heard by a jury of their peers – people
just like you. We are all grateful that you recognize your civic duty and are willing to set
aside you personal priorities to be here.
As you have heard, the defendant, Chris Smith, is charged with felony possession of
drugs. Under Maryland law, simple possession of drugs is a misdemeanor, or a minor
offense, but anyone possessing a pound or more of drugs – the law reasons – intends to
distribute drugs. In other words, they are a dealer, hence the more serious charge, which
is why Mr./Ms. Smith is being charged with a felony.
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As I’m sure the defense will point out, it is the State’s responsibility to prove beyond a
reasonable doubt that the defendant did, indeed, have in his/her possession more than a
pound of drugs when he/she was approached by a state trooper. In fact, the State will
show that the defendant had over two pounds of drugs. And while the defense will try to
convince you that the defendant did not know the drugs were in the car, the State will
provide convincing arguments that he/she not only knew that the drugs were in his/her
possession, but that it was indeed his/her drugs. Thank you.
JUDGE
Does the defense wish to make an opening statement?
DEFENSE
Yes, your honor. Members of the jury, I too thank you for being here today. Let me start
with a very simple statement: The defendant, Chris Smith, is innocent. He/she does not
use drugs. He/she has never had any drugs in his/her possession. The defendant
certainly has never sold drugs to anyone. The fact is, the only thing that my client is
guilty of is bad judgment. As we will prove, the day before the state police made contact
with Mr./Ms. Smith, he/she lent his/her car to his/her cousin. My client trusted his/her
cousin, and that trust was betrayed when he/she not only used the car to drive to the city
to make a drugs buy, but then left the drugs in the defendant’s car rather than risk being
caught with it. As the State’s Attorney mentioned, please keep in mind that the burden of
proof falls on the State. If at the end of the trial you have any reasonable doubt in the
State’s case, then you should find my client not guilty. Thank you.
JUDGE
State’s Attorney, please call your first witness.
STATE’S ATTORNEY
Your honor, I call Cpl. Jay Collins to the stand.
BAILIFF
(after giving oath) For the record, please state your name, rank and assignment.
COLLINS
Jay Collins. I’m a corporal with the Maryland State Police.
STATE’S ATTORNEY
On the night in question, were you on duty?
COLLINS
Yes I was.
STATE’S ATTORNEY
And were you in your patrol car on the main highway outside town?
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COLLINS
Yes.
STATE’S ATTORNEY
Will you tell me the events that occurred that night, beginning around 10 p.m.
COLLINS
It was Saturday night and I was patrolling the main highway outside of town. It was
about 2200 hours – that’s 10 o’clock in civilian time – when I became aware of a car
stopped on the shoulder of the road with its lights and emergency blinker on. I activated
my lights and pulled onto the shoulder behind the car.
I saw an individual who appeared to be changing a flat tire. There was no one else in the
car. I exited the patrol car and approached the individual, who identified himself/herself
as the driver. It was apparent that he/she did in fact have a flat tire. I inquired if the
individual needed help and he/she said ‘no’. It appeared to me that the driver was
nervous because he/she was sweating and kept looking at me and saying that I didn’t
need to stick around because he/she was almost done. I asked if he/she minded if I
searched the car. The individual refused and said, “No. I know my constitutional rights.
You can’t search my car.”
STATE’S ATTORNEY
Is that person in the courtroom today, and if so, please describe an article of clothing that
he/she is wearing.
COLLINS
Yes. (point to the defendant and describe an article of clothing that he/she is wearing)
STATE’S ATTORNEY
Let the court recognize that Cpl. Collins pointed to the defendant. Cpl. Collins, why did
you ask if you could search the car?
COLLINS
Because the individual seemed nervous.
STATE’S ATTORNEY
How did he/she seem nervous?
COLLINS
Like I said, he/she was sweating and shaking. He/she also seemed very anxious for me to
leave.
STATE’S ATTORNEY
When he/she refused to let you search the car, what did you do?
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COLLINS
I went to my cruiser and called for back up. A few minutes later, another unit arrived
with a drugs-sniffing dog. The dog and its handler walked around the car when the
individual jumped up and told us to get the dog away from his/her car, claiming that it
was an illegal search. I explained that it was not a search at all as long as the dog or
handler does not touch the car.
While the individual and I were talking, the dog alerted to the front door on the driver’s
side, which gives us probable cause, and I asked the individual for permission to search
the car. The individual refused and I explained that because the dog alerted we were
permitted to search without permission. The individual expressed disagreement, but did
not forcibly prevent the dog from entering the car. Before the dog entered the car, I put
my head through the window and smelled a moderate odor of what I know to be drugs.
Once in the car, the dog alerted under the driver’s seat. When we examined the space
under the seat, we found a package inside a McDonald’s bag containing a substance that
appeared to be drugs.
I asked the individual if he/she owned the car and he/she said ‘yes’. I then asked the
individual if the package belonged to him/her. He/she said, ‘no,’ but could not explain
how the package appeared under the seat of his/her car. I read the individual his/her rights
and took him/her into custody. The drugs-like substance was sent to the police lab for
testing.
STATE’S ATTORNEY
And did you receive a report from the lab?
COLLINS
Yes.
STATE’S ATTORNEY
Is this the report?
COLLINS
Yes.
STATE’S ATTORNEY
Would you tell us what it says, please.
COLLINS
The substance tests positive for drugs. Probably derived from South America, based on
quality. Total weight, 2.1 pounds.
STATE’S ATTORNEY
Your honor, this report is state’s exhibit 2. Thank you, corporal. No further questions.
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JUDGE
Does the defense have any questions for this witness?
DEFENSE
Yes, thank you, your honor. Corporal, how did Mr./Ms. Smith react when the dog found
the drugs?
STATE’S ATTORNEY
Objection your honor. Defense is asking the witness to offer an opinion about how the
defendant reacted. There’s no way he/she could know.
DEFENSE
Your honor, the witness has already characterized my client’s behavior as “nervous”
before the drugs were found, so surely he/she can tell us what he/she saw a few minutes
later.
JUDGE
I agree. Overruled. Witness will answer the question.
COLLINS
He/she looked surprised, and got agitated.
DEFENSE
What do you mean by agitated?
COLLINS
Angry.
DEFENSE
Was the anger directed at you?
COLLINS
No, it didn’t seem to be directed at me.
DEFENSE
Was it hot that night?
COLLINS
Hot?
DEFENSE
Was it hot that night. The temperature. According to the weather service, it was very hot
on that day. Was it still pretty warm?
COLLINS
I don’t recall.
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DEFENSE
Interesting. You don’t recall how hot it was out, but you specifically remember my
client’s emotional state. If it was hot, that would explain why Mr./Ms. Smith was
sweating when he/she was changing the tire, wouldn’t it?
COLLINS
I suppose.
DEFENSE
Is it possible that he wasn’t nervous, but just tired?
COLLINS
I suppose so.
DEFENSE
No further questions.
JUDGE
Would you like to redirect?
STATE’S ATTORNEY
Yes, your honor. Corporal, you said that Mr./Ms. Smith appeared nervous. Did you reach
that conclusion just because he/she was sweating?
COLLINS
No. He/she kept watching me and telling me I didn’t have to stick around. He/she
seemed nervous about my presence there.
STATE’S ATTORNEY
Thank you. No further questions.
JUDGE
Would the defense like to re-cross the examination?
DEFENSE
No, your honor.
JUDGE
Cpl. Collins, you may now step down.
State, you may now call your next witness.
STATE’S ATTORNEY
Thank you, your honor. I would like to call Chris Gelman to the stand.
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BAILIFF
(after giving oath) For the record, please state your name and current address.
GELMAN
Chris Gelman, 31 Edwards Street..
STATE’S ATTORNEY
Mr./Ms. Gelman, do you know the defendant?
GELMAN
Yes, I go to school with him/her.
STATE’S ATTORNEY
On the day in question, did you see the defendant?
GELMAN
Yes.
STATE’S ATTORNEY
Where?
GELMAN
At a party at a friend’s house.
STATE’S ATTORNEY
Did he/she appear to be contemplating criminal activity?
DEFENSE
Objection, your honor. The State’s Attorney is asking the witness to tell us what was
going on inside my client’s head.
JUDGE
Sustained. Witness is not to answer that question.
STATE’S ATTORNEY
How was he/she acting?
DEFENSE
Your honor!
JUDGE
The State is asking the witness to offer conjecture. Objection sustained. Please ask
another question.
STATE’S ATTORNEY
Did you see Mr./Ms. Smith leave?
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GELMAN
Yes.
STATE’S ATTORNEY
Alone?
GELMAN
Yes.
STATE’S ATTORNEY
Did you know where he/she was going?
GELMAN
No.
STATE’S ATTORNEY
Were you surprised that he/she was leaving?
GELMAN
Yes.
STATE’S ATTORNEY
Why?
GELMAN
Because the party was just starting.
STATE’S ATTORNEY
Nothing else, your honor.
JUDGE
Defense?
DEFENSE
Mr./Ms. Gelman, how did you do on your S-A-Ts?
GELMAN
What do you mean?
DEFENSE
Your S-A-Ts. Didn’t you take them the next morning?
GELMAN
No.
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DEFENSE
You do know that Mr./Ms. Smith spent most of the previous day taking exams, and that
he/she stayed up all night to study for the Spanish exam?
GELMAN
No, I didn’t.
DEFENSE
Does it surprise you?
GELMAN
No, he’s/she’s a very serious student, a real grind when it comes to school.
STATE’S ATTORNEY
Objection your honor. The witness is answering a question he/she wasn’t asked.
JUDGE
Sustained. Jury will ignore the last statement.
DEFENSE
Mr./Ms. Gelman, at the party, did you see the defendant using drugs?
GELMAN
No.
DEFENSE
Has the defendant ever used drugs or had it in his/her possession?
STATE’S ATTORNEY
Objection, your honor. How can the witness know what Smith has in his/her pockets at
all times?
JUDGE
Sustained.
DEFENSE
Have you ever seen Mr./Ms. Smith use drugs?
GELMAN
No.
DEFENSE
No further questions.
JUDGE
Redirect?
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STATE’S ATTORNEY
Briefly. You don’t hang out with the same crowd as Mr./Ms. Smith, do you?
GELMAN
Most of the time, no.
STATE’S ATTORNEY
So you don’t really know whether he/she uses drugs, do you?
GELMAN
No I don’t.
STATE’S ATTORNEY
No more questions.
JUDGE
Defense re-cross?
DEFENSE
No, your honor.
JUDGE
The witness may now step down.
The State may now call its next witness.
STATE’S ATTORNEY
The state calls Sherm Sidwell.
BAILIFF
(after giving oath) For the record, please state your name and current address.
SIDWELL
Sherm Sidwell. I live at 31 Calvert Street.
STATE’S ATTORNEY
On the afternoon in question, did you happen to see Mr./Ms. Smith?
SIDWELL
Yes I did.
STATE’S ATTORNEY
What were the circumstances?
SIDWELL
It was pretty late in the afternoon. He/she was detailing that car of his.
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STATE’S ATTORNEY
Detailing? Do you mean washing?
SIDWELL
No, I mean detailing. He/she must of spent a couple of hours washing it and vacuuming
it and all that stuff.
STATE’S ATTORNEY
Did you see him/her vacuum under the seats?
SIDWELL
Yeah, I could see him doing that.
STATE’S ATTORNEY
So if there was anything under the seat – a package, say – he/she would have found it?
DEFENSE
Objection. Mr./Ms. Sidwell couldn’t have known what my client could have seen or not
seen.
JUDGE
Sustained.
STATE’S ATTORNEY
No further questions.
JUDGE
Defense?
DEFENSE
Mr./Ms. Sidwell, how did you come to be a witness in this case?
SIDWELL
I don’t understand the question.
DEFENSE
Did the police come and ask you questions?
SIDWELL
No.
DEFENSE
Did you contact the police?
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SIDWELL
Yes, I did.
DEFENSE
Why?
SIDWELL
Because I heard that the Smith kid got arrested for having drugs in his/her car and was
saying he/she didn’t know it was there.
DEFENSE
So you called police and volunteered that you saw him/her looking under the seat of
his/her car?
SIDWELL
Something like that.
DEFENSE
Do you like Chris Smith?
STATE’S ATTORNEY
Your honor…
DEFENSE
It goes to the credibility of the witness. We intend to show that Mr./Ms. Sidwell has been
in a running feud with the Smiths and that he/she saw an opportunity to harm my client.
JUDGE
Very well. Answer the question.
SIDWELL
I don’t care about him/her. That’s all. I don’t have any bad feelings about any of ‘em.
DEFENSE
Nothing further.
JUDGE
Prosecution?
STATE’S ATTORNEY
No cross-examination, your honor. The State rests.
JUDGE
The witness may now step down.
Is the defense ready to call its first witness?
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DEFENSE
Yes, your honor. The defense calls Tyler Lincoln.
BAILIFF
(after giving oath) For the record, please state your name and current address.
LINCOLN
Tyler M. Lincoln. 314 Walsh Street.
DEFENSE
What is your relationship to the defendant.
LINCOLN
The defendant is my cousin.
DEFENSE
Is it true that you are both employed at McDonald’s?
LINCOLN
Yes.
DEFENSE
On that Saturday morning, did you borrow Mr./Ms. Smith’s car?
LINCOLN
Yes, I did.
DEFENSE
Why did you borrow his/her car?
LINCOLN
My car was broken down and I needed to buy a part for it.
DEFENSE
While you were out running this errand, did you buy any drugs and stash it under the
passenger’s seat of the car?
LINCOLN
No.
DEFENSE
Have you every bought drugs?
LINCOLN
No.
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DEFENSE
Weren’t you in fact charged last year with possession of drugs?
STATE’S ATTORNEY
Objection, your honor. Mr./Ms. Lincoln was never convicted of that charge.
JUDGE
Sustained. The jury will ignore the last question.
DEFENSE
I have no further questions at this time, but I intend to recall this witness.
JUDGE
Mr./Ms. Lincoln, you are to remain in the courthouse and remember that you are still
under oath. Does the State have any questions for this witness?
STATE’S ATTORNEY
I’ll wait until the witness is recalled, provided that if the defense does not recall this
witness, I will be permitted to do so.
JUDGE
You will be permitted to do so. The witness may now step down.
Defense, you may now call your next witness.
DEFENSE
The defense calls Sgt. Jessie Burton.
BAILIFF
(after giving oath) For the record, please state your name, unit and assignment.
BURTON
Sgt. Jessie Burton, Big City Police Department, drugs surveillance unit.
DEFENSE
The day in question, were you working as part of the drugs surveillance team?
BURTON
Yes I was.
DEFENSE
Where?
BURTON
At the corner of 1st Street and Albert Avenue.
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DEFENSE
Why that particular location?
BURTON
Because it’s a major drug selling location. Dealers drive there from all over the state to
buy drugs.
DEFENSE
Do you keep a log of cars that come through the area?
BURTON
Yes.
DEFENSE
Is this the log for that day?
BURTON
Yes.
DEFENSE
And does the defendant’s car appear on the log? License number XXX-999.
BURTON
Yes.
DEFENSE
Can you tell me when?
BURTON
At noon.
DEFENSE
Are you knowledgeable about the area?
BURTON
Yes.
DEFENSE
Is there an auto parts store in the vicinity?
BURTON
Not right there. There’s one about three blocks away.
DEFENSE
No further questions.
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JUDGE
Your witness.
STATE’S ATTORNEY
Just one question, you honor. Sgt. Burton, did you witness a drugs transaction involving
the witness’s car?
BURTON
No.
STATE’S ATTORNEY
That is all.
JUDGE
Redirect?
DEFENSE
Yes, your honor. Sergeant, if you know, can you tell the court how the drugs transactions
usually occur?
BURTON
The buyer stops at the intersection that we are watching and places an order. Then the
driver drives to another location where the drugs and the money change hands. The
transaction is usually very quick.
DEFENSE
Why don’t you cover the location where the transaction usually occurs?
BURTON
Because it changes every day.
DEFENSE
One other question: Does Mr./Ms. Smith’s car show up on any other log?
BURTON
Not that I’m aware of.
DEFENSE
No further questions.
JUDGE
Re-examine?
STATE’S ATTORNEY
No, thank you.
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JUDGE
You may now step down.
Defense, you may call your next witness.
DEFENSE
The defense recalls Tyler Lincoln.
JUDGE
Mr./Ms. Lincoln, let me remind you that you are still under oath.
DEFENSE
Mr./Ms. Lincoln, when you were on the way to the auto parts store, did you by any
chance stop at the corner of 1st and Albert Avenue?
LINCOLN
There’s a stop sign there, but that would be the only reason.
DEFENSE
Nothing more.
JUDGE
Cross examine?
STATE’S ATTORNEY
Just one question. Mr./Ms. Lincoln, are you a drugs dealer?
LINCOLN
No, I am not.
STATE’S ATTORNEY
I just wanted to ask because the defense seems to be suggesting that you are.
LINCOLN
No.
STATE’S ATTORNEY
Thank you, no more questions.
JUDGE
The witness may now step down.
Call your next witness, defense.
DEFENSE
Call Patrolman Kelly Larue.
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BAILIFF
(after giving oath) For the record, please state your name, unit and current assignment.
LARUE
I am Patrolman Kelly Larue, assigned to the town police.
DEFENSE
Patrolman, have you ever been called to the first block of Calvert Street?
LARUE
Probably a dozen times.
DEFENSE
How many different people have called you?
LARUE
Just one.
DEFENSE
And who would that be?
LARUE
Mr./Ms. Sidwell.
DEFENSE
Can you give the court an idea of why you were called.
LARUE
Because he had complaints about the Smith family.
DEFENSE
What kind of complaints?
LARUE
Just about everything you can imagine.
DEFENSE
In your professional judgment, were the complaints valid?
STATE’S ATTORNEY
Objection. Defense is asking the witness to offer an opinion about the law.
JUDGE
Sustained.
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DEFENSE
Did you ever actually arrest a member of the Smith family or warn them?
LARUE
No.
JUDGE
Cross?
STATE’S ATTORNEY
No, your honor.
DEFENSE
The defense rests, your honor.
JUDGE
The witness may now step down.
Now we will hear closing arguments.
STATE’S ATTORNEY
(present closing arguments)
DEFENSE
(present closing arguments)
JUDGE
Members of the jury, you have now heard arguments from both sides in the case of State
of Maryland v. Smith. You must now decide if the State has proven beyond a reasonable
doubt that Mr./Ms. Smith is guilty of possession of drugs. You can find the defendant
guilty of this charge, or not guilty of this charge. The decision you make must be
unanimous.
You have been given material that will help you understand the law regarding
presumption of innocence and reasonable doubt, as well as the requirement for a
unanimous verdict and the facts that the State must prove in order for you to find the
defendant guilty.
I would remind you that every defendant has an absolute constitutional right not to
testify. The fact that the defendant did not testify must not be held against the defendant.
It must not be considered by you in any way or even discussed by you.
We will take a recess while the jury deliberates.
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DISCLAIMER
This is a fictitious case. None of the characters in this script or accompanying documents
are real. Any resemblance between the characters and any person, living or dead, is
coincidental. The laws expressed in this case are not real.
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MPJI-Cr 2:02: PRESUMPTION OF INNOCENCE AND REASONABLE DOUBT*
The defendant is presumed to be innocent of the charges. This presumption remains with
the defendant throughout every stage of the trial and is not overcome unless you are
convinced beyond a reasonable doubt that the defendant is guilty.
The State has the burden of proving the guilt of the defendant beyond a reasonable doubt.
This burden remains on the State throughout the trial. The defendant is not required to
prove his innocence. However, the State is not required to prove guilt beyond all possible
doubt or to a mathematical certainty. Nor is the State required to negate every
conceivable circumstance of innocence.
A reasonable doubt is a doubt founded upon reason. Proof beyond a reasonable doubt
requires such proof as would convince you of the truth of a fact to the extent that you
would be willing to act upon such belief without reservation in an important matter in
your own business or personal affairs. However, if you are not satisfied of the defendant's
guilt to that extent, then reasonable doubt exists and the defendant must be found not
guilty.
MPJI-Cr 2:03: UNANIMOUS VERDICT*
Your verdict must represent the considered judgment of each juror and must be
unanimous. In other words, all twelve of you must agree.
MPJI-Cr 3:17: FAILURE OF DEFENDANT TO TESTIFY*
The defendant has an absolute constitutional right not to testify. The fact that the
defendant did not testify must not be held against the defendant. It must not be considered
by you in any way or even discussed by you.
MPJI-Cr 4:24: NARCOTICS AND CONTROLLED
DANGEROUS SUBSTANCE—POSSESSION*
The defendant is charged with the crime of possession of drugs, which is a controlled
dangerous substance. In order to convict the defendant of possession of drugs, the State
must prove:
(1)
that the defendant knowingly possessed the substance;
(2)
that the defendant knew the general character or illicit nature of the
substance; and
(3)
that the substance was drugs.
* Maryland Pattern Jury Instructions for Criminal Cases, put out by the Maryland Institute for
Continuing Professional Education of Lawyers, rev. 2001. These documents are often provided to
jurors to assist them in their jury service.
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STATE OF MARYLAND
vs.
CHRIS SMITH
VERDICT SHEET
1.
On the charge of the possession of a pound or more of drugs, a
controlled dangerous substance, do you find the Defendant, Chris
Smith, not guilty or guilty?
Not Guilty _____
__________________
Guilty _____
__________________________
Foreperson
Date
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LEGAL DEFINITIONS
Bailiff: An officer of the court who serves as security, a messenger, and an
usher.
Burden of proof: The necessity of having to prove a disputed assertion or
charge. In Maryland, the Burden of Proof in criminal trials is “beyond a
reasonable doubt.”
Conjecture: To suppose, or to come to a conclusion by way of surmise or
guesswork, not facts.
Cross-examination: The examination or questioning of a witness who has
already testified in court. Re-cross-examination occurs after the side that called
up the witness has a second chance to question the witness (redirect).
Defendant: The person or party being charged in a court case.
Deliberation: The discussion and consideration by a jury for reasons for and
against a measure.
Exhibit A, B, C, etc.: Physical evidence agreed by both sides of a trial to be
displayed and entered into a case.
Felony: The more serious of two categories to which criminal offenses are
assigned. Lesser offenses are misdemeanors.
Foreperson: A member of the jury who acts as the chairperson and spokesperson.
Gallery: The area in the courtroom where the public sits.
Hung jury: A jury that is unable to agree on a verdict after a suitable period of
deliberation.
Judge: A public official authorized to decide questions brought before a court. In
Maryland, judges must be lawyers.
Jury: A body of citizens legally selected and sworn to inquire into any matter of
fact and to give their verdict according to the evidence brought before them.
Legal search: The act of searching that is permissible under the law as
interpreted by the courts.
Misdemeanor: SEE FELONY.
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Objection: The means by which either side in a case can ask the judge to rule
on the admissibility of evidence or appropriateness of a question posed to a
witness.
Overrule: For the judge to rule that an objection is not relevant.
Probable cause: Reasonable grounds for belief in the existence of facts that
support a charge.
Redirect: After a witness is questioned by both sides, the side that called up the witness
can once again question the witness.
State’s attorney: An attorney who brings legal action on behalf of the state against
someone charged with a crime or violation of the law; the prosecutor. State’s attorneys
are elected in each county.
Sustain: For the judge to agree with an objection.
Testimony: A solemn declaration, usually made orally, by a witness under oath
in response to interrogation by a lawyer or authorized public official.
Verdict: The finding or decision of a jury on the matter submitted to it during a
trial.
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81
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Source: http://www.courts.state.md.us/mocktrial/
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Session 3: Civil Law
Overview
In the previous session, students learned about criminal laws. In this session, a case study
is used to examine civil law. In the next session, the students will continue their study of
the judicial branch by examining the role of the courts in establishing equal protection.
Objectives:
1. Describe the role of the courts in settling disputes between individuals (1.2.5 a)
2. Analyze alternatives to litigation in the United States legal system for maintaining
order and resolving conflicts including out-of-court settlements, arbitration and
mediation (1.2.5 b)
3. Identify the elements of civil law including: plaintiff, defendant, contract, breach of
contract, torts, damages, preponderance of evidence, petit jury (1.2.5 c)
4. Compare the proceedings of civil and criminal cases including: grand jury, petit jury,
indictment, standards of proof (beyond a reasonable doubt and preponderance of the
evidence), plea bargaining, probable cause, writ of habeas corpus, and subpoena
(1.2.5 e)
Assessment Limits
 Compare and contrast the elements, proceedings, and decisions related to criminal
and civil law
 Civil law: plaintiff, defendant, contract, breach of contract, torts (lawsuits involving
negligence), damages, preponderance of evidence, petit jury and out-of court
settlements
 Criminal law: defendant, prosecutor, reasonable doubt, felony, misdemeanor, grand
jury indictment, probably cause, presumption of innocence, plea bargaining, writ of
habeas corpus and subpoena
Key Questions
1. What are the elements, proceedings, and decisions in Criminal and Civil Law?
Key Terms
Criminal Law
Civil Law
Defendant
Breach of contract
Standard Burden of Proof
Liable
Petit Jury
Arbitration
Sue
Plaintiff
Contract
Tort
Preponderance of Evidence
Damages
Mediation
Out of Court settlement
Directions
1. Engaging Students – Sample Civil Law Case. Place the Sample Civil Law Case
transparency on the overhead and direct students to read the sample case.
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Katie, a first grade teacher, was walking in the mall. She didn't see spilled lemonade
on the floor, slipped and fell. She broke her ankle in the fall. Because her job required
her to be on her feet, she missed several days of work.
Direct students to record in their notebooks possible ways that Katie might try to
resolve the problem.
2. Developing Understanding – Before and During Reading – Civil Law. Explain
that there are two types of law, criminal and civil. Each has its own type of
punishments. This session deals with civil law. Define civil law:
• civil law - deals with conflicts between individuals
Distribute the reading “Civil Law” and Student Resource Civil Law and set the
purpose to read:
• explain the types of civil law
• explain how Katie can resolve her situation
Direct students to read Part 1 and record responses on the student resource sheet.
3. Checking for Understanding - After Reading – Civil Law Part 1. Review the
questions on the student resource, clarifying vocabulary terms as needed. Ask:
• Is Katie the plaintiff or defendant?
• What kind of case applies to Katie's situation?
• What do you think will happen after Katie decides to file a civil suit?
Direct students to read Part 2 (“The Trial”) and determine possible outcomes for
Katie’s situation.
4. Checking for Understanding – After Reading – Civil Law Part 2. Review the
questions on the student resource, clarifying vocabulary terms as needed. Ask:
• If the mall does not want to go to court to resolve this situation, what are the
alternatives?
• What are the advantages of out-of-court settlements?
Conclude by asking;
• How are criminal and civil law the same and different? Think about the people
involved, the proceedings, and the decisions (punishments).
6. Checking for Understanding – Civil Law. Explain that students are to use their
knowledge to analyze another case. Distribute “Wet Floor Quiz” and direct students
to read the case and complete the questions.
Analyze data and use to inform instruction.
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Additional Resources:
1. United States Government Democracy in Action (Remy, Glencoe/McGraw-Hill),
Chapter 15 covers information about civil law. It is probably of limited help on
the Government HSA. Teachers will have to include additional resources such as
mock trials or practice with the terms to prepare students for the Government
HSA.
2. Civil Case Mock Trial. Written by the Institute for Citizen Education in the Law,
Seattle, Washington and edited by the Staff at the Washington State Office of the
Administrator for the Courts (OAC). This is a civil case brought by Terry Vickers
claiming that Sandy Hearst is liable for the injuries that Terry Vickers received in an
automobile accident caused by Dana Ivy. To download this mock trial link to
http://www.courts.wa.gov/education/lessons/index.cfm?fa=education_lessons.displa
y&displayid=Tortmt
3. Street Law. Link to http://www.streetlaw.com/ This site is the gateway to great
stuff. The button – “Cases and Resources” contains hundreds of links to sites
organized to coordinate with the contents of the Street Law text, many with
activities. “Supersites” links you to the best all-around law-related sites on the Web.
These buttons have been specially constructed to withstand billions of clicks because
we know you will use them over and over again.
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1. A Sample Civil Case
Katie, a first grade teacher, was walking
in the mall. She didn't see spilled
lemonade on the floor, slipped and fell.
She broke her ankle in the fall. Because
her job required her to be on her feet, she
missed several days of work.
Think about . . .
What are the possible ways Katie
might try to resolve the problem?
Note: Teacher transparency
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Civil Law
Part 1: Civil Law
There are two types of laws: criminal and civil. Each has its own set of
punishments. Criminal law deals with wrongs against all of society. Civil law
deals with conflicts between individuals.
The Bill of Rights has a provision for civil cases. Look at the Seventh
Amendment to the U.S. Constitution.
In Suits at common law, where the value in controversy shall exceed twenty
dollars, the right of trial by jury shall be preserved, and no fact tried by a
jury, shall be otherwise re-examined in any Court of the United States, than
according to the rules of the common law. (1791)
In civil law, cases may be brought before the court regarding: family, property,
contracts, and torts.
A family case involves divorce and child custody.
Property cases generally resolve damage to something that someone owns. For
example, Steven was just learning to drive and was trying to parallel park. He
became flustered and accelerated onto his neighbor's newly landscaped lawn. The
neighbor sued Steven for the damage to her lawn.
A contract is an agreement. For example, Lindsey signed a contract to pay rent
for an apartment. When she failed to pay her rent for 3 months, her landlord took
her to court for the unpaid rent.
A tort is a civil wrong. There are two types of torts: intentional and negligent.
An intentional tort is something done on purpose that causes harm. For instance,
Kelly removed a stop sign. A couple later drove on that road and was hit by a car
because there was no sign.
A negligent tort is the failure to do something that should be done, such as clean
up a liquid spill in the mall.
If a person feels wronged, he or she begins a civil suit by filing a complaint. The
complaint is a brief, formal statement that tells the court the pertinent facts about
the dispute and requests an appropriate settlement.
The party filing a complaint is the plaintiff.
The accused party, the defendant, must respond by filing a written reply to the
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charges.
Think back to the opening activity. On your worksheet, answer these questions:
Think about . . .
Is Katie the plaintiff or defendant?c
What kind of case applies to Katie's situation?
It is not against the law to not clean up spilled lemonade. So Katie's lawsuit is not
a criminal case. The police are not involved and there are no criminal charges
against the mall. However, the mall should have cleaned up the spill. In failing to
do so, the mall put their shoppers at risk. This case is a civil case, where a person
takes another person to court to resolve a wrongful act.
Think about . . .
What happens after Katie decides to file a civil suit?
Part 2: The Trial
After Katie's lawyer files the paperwork, the lawyers for each side question
witnesses (people who give testimony in court about a situation) and develop their
cases.
During the trial, the plaintiff, defendant, and witnesses for each side appear in
court and present their claims. Civil cases may be heard by a judge or by a judge
and jury, formally known as a petit jury. This usually depends on the wishes of
the parties in a lawsuit.
A petit jury is different than a grand jury. A petit jury decides the outcome of a
trial, while a grand jury is responsible for investigating alleged crimes and
issuing indictments if they believe that there is enough evidence for a trial.
Katie's lawyer will use the evidence and witnesses to show that the mall is at fault
in this situation. The judge or jury will hear evidence both for and against Katie.
If the jury or judge rules in favor of Katie (the plaintiff), then the mall (the
defendant) will be ordered to pay damages to Katie. A decision in a civil
case is reached using the standard of proof: "apreponderance of evidence. This
means that there is more evidence on one side than the other. Parties in a civil
case are found liable or not liable, as opposed to a criminal case where the
defendant is found guilty or not guilty.
Think about . . .
If the mall does not want to go to court to resolve this situation, what are the
alternatives?
Not all cases go to trial. There are many options for remedies that do not involve a
court trial. Like criminal cases, some civil cases can be settled out of court.
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Mediation is a type of intervention in which the disputing parties accept the offer
of a third party to recommend a solution for their problem. A mediator helps them
understand each others point of view and reach a resolution.
Another alternative to litigation in the United States legal system is called
arbitration. Arbitration is when an impartial person is chosen to settle the
argument for the parties. If the arbitration is binding, the decision must be
followed.
Sometimes the defendant settles the case and offers a payment to the plaintiff.
Out of Court settlements save the court time and resources.
Source: MSDE Government Online Course, Unit 5
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Wet Floor Quiz
Directions: Read the scenario below and answer the questions that
follow.
Bob owns a large apartment building. When the custodian waxes the
floor, he places a 12-inch square sign near the front door that reads,
“Caution, Wet Floor.” Chip is hurrying off to the gym carrying two
large gym bags. He does not see the sign and falls on the freshly
waxed floor, injuring his knee and arm, as well as breaking a tooth.
Chip files a lawsuit against Bob, the owner of the apartment building.
1. Who is the plaintiff?
2. Who is the defendant?
3. What type of case is this?
4. What are the possible resolutions for this case?
5. Explain who you think should win the case and why.
Source: MSDE Government Online Course, Unit 5
91
The Problem of SpongeBob RoundPants
Mock Trial Script
Colorado Bar Association Mock Trial Script revised and adapted.
[Facilitator keeps pages 1-3. The remainder of the pages may be copied and distributed
to students.]
Source: http://65.45.99.70/Docs/Spongebob%20Round%20Pants%20Script.pdf
Participants:
Facilitator (may be played by teacher or volunteer attorney)
Judge (may be played by teacher or volunteer attorney)
Bailiff (volunteer student)
Plaintiff’s Attorney (volunteer student)
Defendant’s Attorney (volunteer student)
SpongeBob SquarePants (Plaintiff) (volunteer student)
Patrick (volunteer student)
Mr. Krabs (volunteer student)
Abercrombie & Fish representatives (Defendant) (volunteer student)
Jurors (all students without scripted parts)
Jury Foreperson (one of jurors elected by jurors or appointed)
The Problem:
On August 24, 2005, SpongeBob SquarePants decided to go to the new Abercrombie &
Fish store in Bikini Bottom to order a new designer pair of square pants. Since
Abercrombie & Fish were fresh out of the new designer pants at the time SpongeBob
purchased them, Abercrombie & Fish promised to deliver to SpongeBob’s pineapple
house the square pants as soon as they arrived in the store. About a week later,
SpongeBob received a package from Abercrombie & Fish. He tore into the package,
expecting to find square pants, but instead found a pair of round pants. Not knowing what
to do, SpongeBob asked his best friend, Patrick, for advice. Patrick told SpongeBob that
the round pants would fit SpongeBob just right if a few changes were made to the pants.
Patrick helped SpongeBob make a few minor alterations and then SpongeBob tried on the
pants. To SpongeBob’s disappointment and Patrick’s complete shock, the pants still
didn’t fit. SpongeBob decided to return the pants to Abercrombie & Fish since they
weren’t really what he ordered to begin with. The store refused to accept the pants back
since SpongeBob and Patrick had altered them. SpongeBob argued that no changes
would have had to been made if the store delivered the right pants to begin with. Thestore
didn’t budge. Remembering that Mr. Krabs was so good with money, SpongeBob
decided to ask him for advice. Mr. Krabs, barely looking up from counting his own
money, suggested to SpongeBob that he should sue Abercrombie & Fish to get his
moneyback. Not knowing what else to do, SpongeBob sued Abercrombie & Fish. This is
the case of SpongeBob SquarePants v. Abercrombie & Fish.
Facilitator: Every year, thousands of criminal and civil cases are tried in Colorado.
Today, we will be participating in a mock trial. Today’s mock trial is a civil case, not a
criminal case. Does anyone know the difference between a civil and a criminal case?
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[A criminal case involves some one who has been charged by a police officer with a
violation of the criminal law – like theft, assault, or drunk driving. If the person charged
with the crime is found guilty by a jury, the person may be sent to jail or charged an
amount of money to pay for his crimes. A civil case involves a private dispute between
people. One person is usually trying to collect money to pay for injuries believed to have
been caused by the other person – like an automobile accident where the person hurt is
trying to get the person who caused the accident to pay for the hospital bills or a breach
of contract, where one person claims that the other person did not perform the contract,
causing some sort of loss to the first person. In either a civil or a criminal case, a trial can
be held in front of a jury. The jury then gets to decide the guilt or innocence of the person
charged with a crime, or whether one person should pay the other person in a civil case.]
We will need some of you to volunteer for certain roles in the case. We will need a
bailiff, Plaintiff’s attorney, Defendant’s attorney, SpongeBob SquarePants (Plaintiff),
Patrick, Mr. Krabs, Abercrombie & Fish representative (Defendant), jurors, and a jury
foreperson. I will play the role of Judge.
Does anyone know what a bailiff does?
[A bailiff is an officer of the Court that usually helps keep the peace and serves as a
messenger or usher. The bailiff in this case will help us to remember to stand up when the
Judge enters the room and helps witnesses to the stand.]
Does anyone know what attorneys do?
[Attorneys are advocates for their clients. Only attorneys can represent some one other
than themselves in a court of law because attorneys are specially trained in law school.
Attorneys are also licensed to practice law by the state. In this case, we have two
attorneys. One attorney will represent SpongeBob SquarePants. The other attorney will
represent Abercrombie & Fish. While representing the parties, the attorneys will make
arguments to the jury that they believe will win their case. They will present evidence and
question witnesses.]
Does anyone know what a Plaintiff and Defendant are?
[The Plaintiff is the person who starts a lawsuit in a civil case. The Defendant is the
person whom the Plaintiff brings the lawsuit against. In criminal cases, the government is
the Plaintiff and prosecutes the criminal Defendant on behalf of all citizens.]
Does anyone know the role of witnesses?
[The Plaintiff and the Defendant will be given an opportunity to question certain
witnesses during the course of the trial. The witnesses will tell the jury what information
they know so the jury can decide for either the Plaintiff or the Defendant.]
Does anyone know the role of jurors?
[In very serious criminal cases, there will be 12 jurors. In less serious criminal cases,
there will be only 6 jurors. In civil cases, there are usually only 6 jurors but either side
can ask for 12 jurors in serious civil cases. The jurors must sit through the entire trial and
93
pay careful attention to the evidence presented and the testimony of the witnesses. Only
after the trial is over will the jurors have a chance to talk amongst themselves and decide
whether to side for the Plaintiff or the Defendant. The time that the jury spends to reach a
decision is called deliberations. The decision reached by the jury is called the verdict.]
Does anyone know the role of jury foreperson?
[A jury foreperson acts as leader of the jury and helps lead the discussions
during deliberations. After a verdict is reached, the Judge will ask the jury
foreperson to read it out loud in front of the entire Court.]
Does anyone want to volunteer? [After enough volunteers are secured, arrange the
students so that the plaintiff and plaintiff’s attorney are sitting together, defendant and
defense attorney are sitting together, judge in the front of the room, bailiff next to judge,
and jury and jury foreperson can sit either to the side of the plaintiff or behind the
attorneys and parties. Witnesses should sit immediately behind the attorneys and parties.]
Facilitator: Are there any questions before we begin?
Let’s begin.
[At the close of the trial, the Facilitator may choose to start a discussion regarding
procedures, how the verdict was reached, or other questions the students may have.]
Bailiff: Hear ye, hear ye, this Court is now in session. The Honorable [Judge’s name] is
now presiding. Please stand.
Judge: Thank you. You may be seated. We have completed our jury selection process,
and the jury is now ready to hear the evidence to be presented by both the Plaintiff and
the Defendant. The jury has the responsibility of deciding the fault of the Plaintiff and
Defendant. Do each of you jury members promise to be fair and impartial and not to
decide this case until you have heard all of the evidence?
Jury: We do.
Judge: Plaintiff’s attorney, are you ready to give your opening statement?
Plaintiff’s Attorney: Yes, Your Honor, I am.
Judge: You may proceed.
Plaintiff’s Attorney: Your Honor, ladies and gentlemen of the jury, we will show that
SpongeBob SquarePants went to the Abercrombie & Fish store so that he could buy a
pair of new designer square pants. We will show that SpongeBob paid Abercrombie &
Fish for the square pants and that Abercrombie & Fish promised to deliver to SpongeBob
square pants. We will then show that only round pants were delivered to SpongeBob and
that Abercrombie & Fish broke its promise. Thank you.
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Judge: Does the attorney for Abercrombie & Fish have an opening
statement to present at this time?
Defense Attorney: Thank you, Your Honor. We will show that although SpongeBob,
after receiving the round pants, altered the pants. We will further show that it is
Abercrombie & Fish’s policy that once the pants are altered, they cannot be returned to
the store.
Thank you.
Judge: Plaintiff may call his first witness.
Plaintiff’s Attorney: I call SpongeBob to the stand.
Bailiff: SpongeBob, please approach the witness stand.
Judge: SpongeBob, please raise your right hand. Do you solemnly promise to tell the
truth, the whole truth and nothing but the truth?
SpongeBob: I do.
Plaintiff’s Attorney: What happened on the day of August 24, 2005?
SpongeBob: I went to the new Abercrombie & Fish store to buy a new pair of designer
square pants.
Plaintiff’s Attorney: Did you buy the pants?
SpongeBob: I paid for the pants at the store that day, but Abercrombie & Fish was fresh
out of the pants. The promised me that they would deliver the pants to my pineapple
when they arrived in the store.
Plaintiff’s Attorney: Did you ever receive the pants?
SpongeBob: I received a pair of pants about one week later. I opened the package and
saw that they had sent me round pants, not squarepants.
Plaintiff’s Attorney: Did you try to return the pants?
Defense Attorney: Objection. This question is leading.
Judge: Leading questions are not allowed when questioning a witness that the attorney
has called to the stand. Leading questions are those types of questions that suggest an
answer. I do not believe that this question actually suggests an answer. SpongeBob may
state any answer he chooses. Overruled.
SpongeBob: Yes, but Abercrombie & Fish would not take the pants back. That is why I
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am suing them now.
Plaintiff’s Attorney: That is all the questions I have for this witness.
Judge: Defense counsel may now cross-examine the witness.
Defense Attorney: SpongeBob, didn’t you change the pants that were delivered to you
by Abercrombie & Fish?
SpongeBob: I had to. I ordered square pants and they delivered round pants.
Defense Attorney: And didn’t you know that Abercrombie & Fish would not accept any
pants that had been changed?
SpongeBob: I did not know that.
Defense Attorney: Did you receive a receipt for your purchase?
SpongeBob: Yes.
Defense Attorney: Your Honor, I would like to show this copy of the receipt to the
witness.
Judge: You may approach the witness.
[Defense Attorney hands piece of paper to the witness and returns to podium]
Defense Attorney: SpongeBob, do you recognize that receipt?
SpongeBob: Yes. It is the receipt I received from Abercrombie & Fish when I purchased
the pants.
Defense Attorney: Your Honor, I’d like to offer this paper into evidence.
Judge: It is accepted. Please provide a copy to the jury.
[Defense Attorney delivers a copy to jury foreperson]
Defense Attorney: Can you please read out loud for the Court to hear the last
paragraph on that receipt.
[SpongeBob reads receipt]
Defense Attorney: Do you understand what that means?
SpongeBob: No.
Defense Attorney: Would you agree that it means that because you have changed the
pants, Abercrombie & Fish does not have to take them back?
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SpongeBob: I’m not sure.
Defense Attorney: That is all the questions I have for this witness.
Judge: Plaintiff’s Attorney, do you have any more questions for this witness.
Plaintiff’s Attorney: Yes, Your Honor. SpongeBob, will you please describe the
changes you made to the pants.
SpongeBob: I sewed two extra buttons on the waistband so that I could wear them.
Plaintiff’s Attorney: Did you make any other changes whatsoever to the pants?
SpongeBob: No.
Plaintiff’s Attorney: No further questions.
Judge: SpongeBob, you may step down from the witness stand. Plaintiff may call his
next witness.
Plaintiff’s Attorney: Plaintiff calls Mr. Krabs to the stand.
Bailiff: Mr. Krabs, please approach the witness stand.
Judge: Mr. Krabs, please raise your right hand. Do you solemnly promise to tell the
truth, the whole truth and nothing but the truth?
Mr. Krabs: I do.
Plaintiff’s Attorney: Mr. Krabs, how well do you know SpongeBob.
Mr. Krabs: I know him very well. He works at my burger stand, Krabs Korner.
Plaintiff’s Attorney: How would you characterize SpongeBob?
Defense Attorney: Objection, irrelevant and improper character evidence.
Judge: Character evidence is only relevant where the subject of the lawsuit deals with the
character of the Plaintiff or Defendant or where Plaintiff has made an issue of his
character. Although the character of SpongeBob has nothing to do with whether he will
be allowed to return the pants, SpongeBob has decided to make his character an issue in
this case. I will allow it.
Mr. Krabs: I believe SpongeBob to be a hard-working, honest and happy guy. I do not
think that he would mean to hurt anyone, not even Abercrombie & Fish.
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Plaintiff’s Attorney: Thank you. I do not have any more questions for this witness.
Judge: Defense counsel, do you have any questions for this witness?
Defendant’s Attorney: Yes, Your Honor. Mr. Krabs, do you think that it is possible to
alter a pair of pants without meaning to hurt anyone?
Mr. Krabs: I suppose so.
Defendant’s Attorney: Thank you. No more questions.
Judge: Plaintiff’s counsel, do you have any more questions for this witness?
Plaintiff’s Attorney: No, Your Honor.
Judge: Mr. Krabs, you may step down from the witness stand. Plaintiff, do you have any
more witnesses?
Plaintiff’s Attorney: No, Your Honor. At this time, Plaintiff rests its case.
Judge: Defense counsel, you may call your first witness.
Defendant’s Attorney: Thank you, Your Honor. I now call a representative from
Abercrombie & Fish to the stand.
Bailiff: [student’s name], please approach the witness stand.
Judge: [student’s name], please raise your right hand. Do you solemnly promise to tell
the truth, the whole truth and nothing but the truth?
Representative: I do.
Defendant’s Attorney: Can you please explain to the Court, Abercrombie & Fish’s
policy about returning pants.
Representative: Certainly. Abercrombie & Fish will not take back any piece of clothing
that has been worn or changed from its original form.
Defendant’s Attorney: Do you tell the customers of this policy?
Representative: It’s printed on the receipts.
Defendant’s Attorney: Have you met the Plaintiff before today?
Representative: Yes, he bought some pants from Abercrombie & Fish and then
tried to return them.
98
Defendant’s Attorney: Did you accept them back?
Representative: No.
Defendant’s Attorney: Why not?
Representative: Because SpongeBob had made certain changes to the pants.
Defendant’s Attorney: Would it be a violation of Abercrombie & Fish policy to accept
the pants that SpongeBob wanted to return?
Representative: Yes.
Defendant’s Attorney: Thank you. I have no more questions for this witness.
Judge: Plaintiff’s counsel, you may now question the witness.
Plaintiff’s Attorney: Thank you, Your Honor.
[student’s name], did you explain the policy to SpongeBob when he purchased the pants?
Representative: No, I did not.
Plaintiff’s Attorney: Did you ever explain to SpongeBob what was meant by the phrase
“changed from original form” as it is printed on the receipt?
Representative: No, I did not.
Plaintiff’s Attorney: Do you think that making “minor alterations” is the same thing as
keeping something in its “original form”?
Representative: I don’t know.
Plaintiff’s Attorney: Thank you. No further questions.
Judge: Defense counsel, do you have any more questions for this witness?
Defendant’s Attorney: No, Your Honor.
Judge: [student’s name], you may step down from the witness stand.
Defense may call its next witness.
Defendant’s Attorney: Thank you, Your Honor. I call Patrick to the stand.
Bailiff: Patrick, please approach the witness stand.
Judge: Patrick, please raise your right hand. Do you solemnly promise to tell the truth,
the whole truth and nothing but the truth?
99
Patrick: I do.
Defendant’s Attorney: Patrick, did you help SpongeBob alter the pants he received from
Abercrombie & Fish?
Plaintiff’s Attorney: Objection. Leading.
Judge: Since I do believe this question suggests an answer, I will sustain the objection.
Please rephrase the question.
Defendant’s Attorney: Please tell us what happened on August 24, 2005.
Patrick: SpongeBob came over to my home asking what to do about the round pants he
had received. I told him we could make a few minor alterations so that they’d fit him.
Defendant’s Attorney: Did you make the alterations?
Patrick: Yes.
Defendant’s Attorney: Thank you. I have no further questions.
Judge: Plaintiff’s Attorney, do you have questions for this witness?
Plaintiff’s Attorney: Yes, Your Honor. Patrick, were the alterations made to the pants
very small?
Patrick: Oh yes – they were so small you could hardly tell anything had
happened.
Plaintiff’s Attorney: In fact, you could say that they were so small that the pants weren’t
really changed from their original form, couldn’t you?
Patrick: I suppose so.
Plaintiff’s Attorney: Thank you. No further questions.
Judge: Defense counsel do you have any other questions for this witness?
Defendant’s Attorney: No, Your Honor. Defense rests its case at this time.
Judge: Very well. The Plaintiff and the Defendant have the option of making closing
arguments at this time. Plaintiff may go first.
Plaintiff’s Attorney: Ladies and gentlemen of the jury, we have shown you that
SpongeBob purchased a pair of pants at Abercrombie & Fish and that Abercrombie &
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Fish promised to deliver to SpongeBob a pair of square pants. Abercrombie & Fish broke
that promise when they delivered round pants and now Abercrombie & Fish say they will
not accept return of the pants because SpongeBob made some minor alterations to the
pants. Abercrombie & Fish never really made sure that SpongeBob knew that they would
not take returns, though. Abercrombie & Fish never explained their policy to him. The
receipt given to SpongeBob only states that returns are not accepted if the pants are
changed from their original form. You have heard testimony that the alterations were so
minor that it could not be considered to have changed the pant’s original form.
Abercrombie & Fish have treated SpongeBob unfairly and should be held responsible for
its actions. Thank you.
Defendant’s Attorney: Ladies and gentlemen of the jury, do not let your sympathy for
SpongeBob sway your judgment. The truth is – SpongeBob knew that by altering the
pants he would not be able to return them to Abercrombie & Fish. Abercrombie & Fish
clearly prints that policy on all of its receipts, even the receipt given to SpongeBob.
Despite that warning, SpongeBob altered the pants with the help of his friend and should
now be prevented from returning the pants to Abercrombie & Fish. Thank you.
Judge: Ladies and gentlemen of the jury, you have now heard all of the evidence. You
have heard the testimony of all the witnesses. I instruct you that if you find that the
Plaintiff has proven his case – that is you believe the Plaintiff more than the Defendant –
you must return a verdict in favor of Plaintiff. However, if you find that the Plaintiff has
failed to prove his case, you must return a verdict in favor of the Defendant.
You may now begin your deliberations.
[Jury deliberates]
Judge: I understand that the jury has reached a verdict.
[Foreperson stands]
Foreperson: Yes we have Your Honor.
Judge: Will you please hand the verdict form to the Bailiff.
[Bailiff takes verdict form from jury foreperson and hands it to the Judge. Judge
reads verdict and returns it to the Bailiff. Bailiff hands the verdict form back to
jury foreperson.]
Judge: Will the jury foreperson please read the verdict.
Foreperson: In the case of SpongeBob SquarePants v. Abercrombie & Fish, we the jury
find [insert verdict].
101
Abercrombie & Fish
August 24, 2005
1 pair square pants $54.99
tax $3.85
delivery free
Total $58.84
Abercrombie & Fish will only accept returns and exchanges of items purchased from
Abercrombie & Fish that are returned to Abercrombie & Fish in their original form
assold. Thank you for shopping at Abercrombie & Fish. For questions, please call our
customer service line.
Source: http://65.45.99.70/Docs/Spongebob%20Round%20Pants%20Script.pdf
102
Session 4: Equal Protection
Overview
During this lesson, students examine the significance of the United States Supreme Court
decisions in Plessy v Ferguson and Brown v Board of Education of Topeka and their
effect on minority, women's, and civil rights in cases. In the final session, Supreme Court
decisions that affected students’ rights are analyzed.
Objectives:
1. Analyze how the Supreme Court decisions in Plessy v Ferguson (1896) and Brown v
Board of Education of Topeka (1954) impacted the rights of individuals (1.2.1 c)
2. Examine the impact of Supreme Court decisions on minority and civil rights in cases
such as Regents of the University of California v. Bakke (1978) (1.2.1 f)
3. Analyze the implications and applications of the Fourteenth Amendment, focusing on
the due process and equal protection clauses (1.2.4 d)
Assessment Limits
 Cases included: Marbury v. Madison, McCulloch v. Maryland, Plessy v. Ferguson,
Brown v. Board of Education, Miranda v. Arizona, Gideon v. Wainwright, Tinker v.
Des Moines Board of Education, and New Jersey v. T.L.O.
 Other cases that address the same issues could be used, but information about these
cases will be provided in the item.
 Fifth Amendment due process clause
 Fourteenth Amendment due process clause
 Procedural due process and the incorporation doctrine under the Fourteenth
Amendment
Key Questions
1. What is the significance of the Supreme Court decisions Marbury v. Madison,
McCulloch v. Maryland, Plessy v. Ferguson, Brown v. Board of Education, Miranda
v. Arizona, Gideon v. Wainwright, Tinker v. Des Moines Board of Education, and
New Jersey v. T.L.O.?
2. How do the decisions of the Supreme Court change overtime and affect the liberties
of citizens?
3. What is the significance of the Incorporation Doctrine established by the Supreme
Court?
4. How do the Constitution and the Bill of Rights provide protection of civil rights and
civil liberties?
Key Terms
 Segregation
 Desegregation
 Discrimination
 Integration
 Civil Rights
103
 Equal protection under the law
 Plessy v. Ferguson
 Brown v. Board of Education of Topeka
Directions
1. Activating Prior Knowledge – Civil Rights. Explain to students that one of the jobs
of government is to protect rights. Think about how the legislative, executive, and
judicial branches work to protect civil rights.
Place the following words on the overhead:
• segregation
• discrimination
• civil rights
• legislation
• affirmative action
Direct students to write a paragraph using these terms. Allow students to write a
scenario or brief description of the history of the civil rights movement. The purpose
is to get them thinking and to assess student knowledge.
Review selected student responses.
2. Developing Understanding – Before and During Reading – Equal Protection.
Explain that the 14th Amendment states that no state can “deny to any person within
its jurisdiction the equal protection of the law.” Ask:
• What is the meaning of equal protection?
Choices: Direct student to the appropriate section of the text (Remy, Chapter 14,
Section 4; note the Selected Major Civil Rights Legislation chart in this section). Or
distribute the Equal Protection? reading and distribute Student Resource Equal
Protection. Set the purpose to read:
• define equal protection
• explain the significance of Supreme Court decisions in Plessy and Brown
3. Checking for Understanding - Plessy and Brown. Review student responses.
Conduct a whole class discussion of the cases. Ask
• Have the Supreme Court's decisions moved closer or farther from equal
protection?
• What is the significance of Supreme Court decisions on minority, women’s and
civil rights?
Direct students to respond in writing to the following:
• How do the decisions of the Supreme Court change overtime and affect the
liberties of citizens?
104
•
How do the Constitution and the Bill of Rights provide protection of civil rights
and civil liberties?
Instructional decision: If time permits, conclude this session with affirmative action
and the Bakke case that are included in the reading as Part 3. Proceed as before. As
before, materials are provided or Chapter 14 in Remy is adequate for this.
Additional Resources:
1. Text: United States Government Democracy in Action (Remy, Glencoe/McGrawHill), Chapter 14 includes a brief summary of Plessy, Brown, civil rights movement,
and Bakke. A summary of each court decision is in the Reference Section. Teachers
may include additional resources to prepare students for the Government HSA.
2. Street Law. Link to http://www.streetlaw.com/ This site is the gateway to great stuff.
The button – “Cases and Resources” contains hundreds of links to sites organized to
coordinate with the contents of the Street Law text, many with activities. “Supersites”
links you to the best all-around law-related sites on the Web. These buttons have been
specially constructed to withstand billions of clicks because we know you will use them
over and over again.
105
Equal Protection?
Part 1: Plessy v. Ferguson
Facts of the case:
In 1890, the state of Louisiana passed a law that required railroads to provide “equal but
separate accommodations for the white and colored races…” Passengers could only sit in
the cars of the train assigned to members of their race. If they refused to sit in the
assigned seats, a railroad officer could remove the passenger from the train. The
passenger could also be charged with a crime for a violation of this law. In 1892, Homer
Adolph Plessy sat in a “whites only” car on a train. When a conductor ordered Plessy to
give up the seat, Plessy refused, was arrested and removed from the train. At the trial, the
local magistrate found him guilty of violating state law and sentenced him to jail. On
appeal, the Louisiana State Supreme Court upheld the 1890 law and Plessy’s conviction.
Plessy believed that the Louisiana law denied him “equal protection of the laws”
guaranteed by the 14th Amendment. He appealed his case to the United States Supreme
Court.
Decision:
The Supreme Court ruled against Plessy. In the majority opinion, Justice Henry Brown
wrote that the law was reasonable and the 14th Amendment’s equal protection clause
required equal facilities for the two races and not equal access to the same facility.
Though the term was not used by the court, the ruling in Plessy v. Ferguson became
known as the “separate but equal doctrine.” It justified racial segregation in many states
for almost 60 years. It was not until 1954, in the case of Brown v. Board of Education,
that the Court reversed its decision in Plessy v. Ferguson.
Part 2: Brown v. Board of Education
The precedent in Plessy v. Ferguson (1898) lasted for 48 years. In 1954, there were
separate schools for African American and white students, but were they equal? In
Arkansas, a town spent $144.51 for the education of every white student and $19.51 for
the education of every African American student. This segregation was challenged in
several states, and went to the Supreme Court as Brown v. Board of Education of Topeka.
Facts of the case:
For many years cases had been litigated over whether the “separate but equal” facilities
for African-Americans were truly equal. In a number of these cases, including a lawsuit
against the University of Maryland School of Law, states had been forced to admit
African-Americans into colleges and graduate schools. But in the early 1950s, cases from
Delaware, Kansas, North Carolina and Virginia were heard disputing the legality of laws
requiring segregated public schools. The Supreme Court heard these cases together as
Brown v Board of Education. Thurgood Marshall, lead attorney for the plaintiffs and later
a Supreme Court Justice, argued that segregated schools could never be equal and that
such schools violated the Equal Protection guarantee of the 14th Amendment.
106
Decision:
The Supreme Court overturned the decision in Plessy stating that the separate but equal
doctrine had no place in the field of public education. Segregation in public schools
violated the 14th Amendment’s equal protection clause.
Source: MSDE Government Online Course, Unit 5
107
Affirmative Action and Challenges
Part 3: Leveling the Playing Field
Due to the history of discrimination, the President and Congress supported affirmative
action legislation that was to help remedy the wrongs of past discrimination and
open opportunity for all. These programs affected women and minorities alike.
However, many argued that by trying to provide help and support only to these groups,
others weren’t “equally protected,” thereby violating the 14th amendment and causing
reverse discrimination.
Affirmative action is a plan or program to remedy the effects of past
discrimination in employment, education, or other activity and to prevent its
reoccurrence
A case, University of California Regents v. Bakke (1978), tested affirmative action
programs. Read the facts and decision in this case.
Facts of University of California Regents v. Bakke (1978:
In 1972, the University of California at Davis selected 100 students for enrollment in the
medical school. Eighty-four of the openings were filled by standard admissions
procedures and the remaining sixteen spaces were filled by a special affirmative action
program that increased the number of admitted disadvantaged students from minority
groups. If a student sought admission through the affirmative action program, they could
have lower grade point averages, and lower scores on standardized tests than those
accepted through the standard admissions procedure.
Allan Bakke, a white male, wanted to become a doctor and applied to medical school in
1972. He applied for admission to the University of California Medical School at Davis.
He was rejected, even though his grade point average and scores on standardized tests
were higher than those applicants accepted through the affirmative action program. The
next year, Bakke was rejected for a second time. Bakke claimed he was a “victim of
unequal and unfair treatment” and that the school’s admissions programs violated the
“equal protection of the laws” guarantee in the Fourteenth Amendment. Bakke appealed
his case to the Supreme Court, claiming that he was excluded from admission solely on
the basis of race.
Decision:
The Supreme Court was divided in its opinion in this case. The majority of the Court
decided that Allan Bakke must be admitted to the University of California Medical
School at Davis. The university’s system of fixed quotas, which set aside spaces for
applicants based on their race or ethnicity, violated the guarantee of “equal protection of
the laws” in the 14th Amendment. The Court did allow admissions offices to use race or
ethnicity when deciding whether to admit a person to a university program, but these
factors cannot be the sole reason for admission or rejection of an applicant. The Bakke
108
case was the first in a series of court cases that have debated the constitutionality of
affirmative action programs.
109
Equal Protection
Name:
1.
Equal Protection means:
Plessy v. Ferguson (1896)
Part 1: Directions: Read the information below and complete the chart below.
Court Case
Plessy v. Ferguson (1896)
Decision
110
Words or picture that help you remember
Part 2: Brown v. Board of Education
Directions: Read the information below and complete the chart below.
Court Case
Brown v. Board of Education (1954)
Decision
Words or picture that help you remember
111
Part 3: University of California Regents v. Bakke
Directions: Read the information below and complete the chart below.
Court Case
University of California Regents v. Bakke
(1978)
Decision
Words or picture that help you remember
Source: MSDE Government Online Course, Unit 5
112
Session 5: Rights of Students
Overview
During this session, students examine the expansion or restriction of student rights based
on the First and Fourth Amendments. In the final session, students role-play as judges to
analyze Supreme Court decisions.
Objectives:
1. Examine the expansion or restriction of student rights in the cases Tinker v. Des
Moines School District (1968) and New Jersey v. T.L.O (1985) (1.2.1 e)
2. Evaluate the decisions of the United States Supreme Court that have limited or
expanded the liberties of citizens, such as Schenck v. U.S. (1919), Gitlow v. New York
(1925), Engel v. Vitale (1962), Katz v. U.S. (1967), Hazelwood School District v.
Kuhlmeier (1988), Texas v. Johnson (1989) (1.2.1 g)
Assessment Limits
 Cases included: Marbury v. Madison, McCulloch v. Maryland, Plessy v. Ferguson,
Brown v. Board of Education, Miranda v. Arizona, Gideon v. Wainwright, Tinker v.
Des Moines Board of Education, and New Jersey v. T.L.O.
 Other cases that address the same issues could be used, but information about these
cases will be provided in the item
Key Questions
1. What is the significance of the Supreme Court decisions Marbury v. Madison,
McCulloch v. Maryland, Plessy v. Ferguson, Brown v. Board of Education, Miranda
v. Arizona, Gideon v. Wainwright, Tinker v. Des Moines Board of Education, and
New Jersey v. T.L.O.?
2. How do the decisions of the Supreme Court change over time and affect the liberties
of citizens?
3. How do the Constitution and the Bill of Rights provide protection of civil rights and
civil liberties?
Key Terms
 First Amendment
 Assembly
 Petition
 Religion
 Speech
 Press
 Search and Seizure
 Bill of Rights
 Tinker v. Des Moines School District (1968)
 New Jersey v. T.L.O (1985)
113
Directions
1. Activating Prior Knowledge - Rights. Divide students into small groups/pairs.
Direct groups to create a list of rights guaranteed by the Bill of Rights. Briefly review
student lists and record on the overhead. Ask:
• Do students enjoy these same rights? Explain.
Note: If students need more practice with 1st Amendment rights, materials are
provided at the end of the lesson.
2. Developing Understanding – Before and During Reading – Student Rights.
Explain that students do not have the same rights as adults. The Supreme Court has
both extended rights to students and limited students’ rights. Emphasize that
expanding and limiting rights happens for everyone depending on the circumstances
and other factors.
Distribute the reading “Rights of Students” and the Student Resource Rights of
Students. Set the purpose to read:
• explain how rights of students were affected by the Supreme Count decision in
Tinker v. Des Moines
Direct students to read the first section about the Tinker case. After reading complete
the student resource.
3. Checking for Understanding - After Reading – Tinker v. Des Moines. Review
students’ responses recorded on the resource sheet. Ask students to think about the
case study and apply the Tinker decision to that situation. Ask:
• How were the rights of students affected by the decision in New Jersey v. T.L.O.?
• How is freedom of speech expressed in the Tinker case and also in the situation
with Maggie and Sally?
• Why is this called symbolic speech?
Then, distribute and administer the Students Rights Quiz. Use quiz data to inform
instruction.
4. Extending Understanding – Updating Tinker – Morse et al v. Frederick. Place
The Facts of the Case on the overhead, or distribute a copy to students. Ask:
 What rights are involved in this case?
Then, direct students to read “Frederick Appeal.” Ask:
 Based on the Tinker decision, how do you think the Supreme Court ruled?
Refer students to The Decision to clarify responses.
114
5. Developing Understanding – Before and During Reading – New Jersey v. T.L.O.
Explain that Tinker was a 1st Amendment case. Students will now examine a 4th
Amendment case, New Jersey v. T.L.O. Direct students to the appropriate section of
the reading “Redefining Student Rights.” Set the purpose to read:
• explain how students’ rights were affected by the Supreme Court decision in New
Jersey v. T.L.O.
6. Checking for Understanding – After Reading – New Jersey v. T.L.O. Conduct a
brief discussion reviewing student responses recorded on the resource sheet. Ask:
•
How were the rights of students affected by the decision in New Jersey v. T.L.O.?
Conclude by distributing and administering the Students’ Rights Check for
Understanding.
7. Enrichment – Mock Trial – Indiana v. Jamie L. Curtis “The Case of the
Questionable Book Bag Search. This scripted trial based on New Jersey v. T.L.O. may
be printed by linking to
http://www.nationalmocktrial.org/case_list.cfm?CATEGORYID=16
Additional Resources:
1. Text: United States Government Democracy in Action (Remy, Glencoe/McGrawHill), Chapter 13 (Tinker), Chapter 14 (T.L.O.)
2. Morse et al v. Frederick. Link to
http://www.supremecourtus.gov/opinions/06pdf/06-278.pdf for the Supreme Court
decision in this case which relates to Tinker v. Des Moines.
3. Street Law. Link to http://www.streetlaw.com/ This site is the gateway to great stuff.
The button – “Cases and Resources” contains hundreds of links to sites organized to
coordinate with the contents of the Street Law text, many with activities. “Supersites”
links you to the best all-around law-related sites on the Web. These buttons have been
specially constructed to withstand billions of clicks because we know you will use
them over and over again.
115
Rights of Students
Rights of students in school differ from the rights of citizens in society. Decisions by
the Supreme Court have clarified the differences between student and citizen rights. In
this activity, we will learn about two Supreme Court cases that have limited and extended
the rights of students.
Part 1: Case study
In 1989, the Supreme Court ruled that the government could not limit free speech
(symbolic speech) of people who burn the American flag unless the actions cause an
immediate threat to public order. (Texas v. Johnson)
Maggie and Sally come to school wearing new khaki pants. On the back of the pants,
where pockets usually are, the girls put patches of the American flag. Therefore, when
the girls sat down, they sat on the flag.
On your worksheet, Student Rights, answer the following questions:
• How disruptive are these actions?
• Would it be constitutional for the school administration to restrict this form of
speech? Why or why not?
Part 2: Tinker v. Des Moines Independent Community School District (1969)
Read the information below and complete the chart on your worksheet, Student Rights.
Facts of the case:
In December 1965, three public school students in Des Moines, Iowa protested the
Vietnam War by wearing black armbands in school. School officials learned of the plans
and decided that anyone wearing an armband would be asked to remove it. Students
refusing to remove the armband would be suspended. Although they were aware of the
school policy, the students chose to wear the armbands anyway and were suspended. The
parents of the students filed a complaint against school officials and sought an injunction
to prevent the school from punishing students that wore armbands. The lower federal
courts upheld the actions of school officials. The policy was deemed reasonable in order
to prevent a disturbance at school. The students appealed their case to the United States
Supreme Court on the basis that the school violated their 1st Amendment right to free
speech.
Decision:
The Supreme Court ruled that the wearing of armbands in protest was protected by the
First Amendment. Since the students engaged in a silent, peaceful protest that did not
interfere with the school’s work or the right of other students to be secure or left alone,
the Court concluded that the students’ First Amendment rights had been violated. The
Tinker v. DesMoines case established that students do have First Amendment rights that
can be exercised while at school. A student’s 1st Amendment right to symbolic speech is
protected as long as it does not disrupt the educational process or violates the rights of
others. In later cases involving students in public schools, such as Bethel School District
Source: MSDE Online Government
Course, Unit 5
116
No. 403 v. Fraser (1986) and Hazelwood v. Kuhlmeier (1988), the Supreme Court
recognized that school officials do have the right to regulate the content of student speech
in certain circumstances.
After reading the information about the court case Tinker v. Des Moines, complete
the chart on your student worksheet.
Part 3: The Tinker Decision
Read the quotes from the Supreme Court's decision and the explanation of the decision in
Tinker.
“It can hardly be argued that either
Students and teachers keep their first
students or teachers shed their
amendment rights when they walk into
constitutional rights to freedom of speech
school.
or expression at the schoolhouse gate. . . .”
“. . . Certainly where there is no finding
To keep someone from expressing their
and no showing that engaging in the
opinion, the school administration must be
forbidden conduct would "materially and
able to show that the expression will cause
substantially interfere with the
a disruption in the discipline and
requirements of appropriate discipline in
functioning of a school.
the operation of the school," the
prohibition cannot be sustained . . .”
“. . . the record fails to yield evidence that
There was no evidence of or reason to
the school authorities had reason to
believe that there would be a disruption,
anticipate that the wearing of the
thus the students were punished for a
armbands would substantially interfere
silent, peaceful expression of their views,
with the work of the school or impinge
which is unconstitutional.
upon the rights of other students . . .”
Think about . . .
Earlier you read about the situation with Maggie and Sally. Answer these questions on
your worksheet, Student Rights.
• How is freedom of speech expressed in the Tinker case and in the situation with
Maggie and Sally?
• Why is this called symbolic speech?
Source: MSDE Online Government
Course, Unit 5
117
Applying the Tinker Decision
Read each example below and use the precedent set in the Tinker case to determine
whether you think the student expression described is potentially disruptive enough
to be punished or stopped by the school administration.
1. In order to protest the new cafeteria food offered at High School, the student
government organizes a protest. During both lunch periods, SGA officials plan to lead
a walk-out from the cafeteria and a group march to the local McDonalds.
•
How disruptive are these actions?
•
Would it be constitutional for the school administration to restrict this form of
speech? Why or why not?
2. During a pep rally, a student leader uses very obscene language in a speech.
•
Would it be constitutional for the school administration to restrict this form of
speech? Why or why not?
3. Summarize students’ first amendment rights in school.
Source: MSDE Online Government
Course, Unit 5
118
OCTOBER TERM, 2006
SUPREME COURT OF THE UNITED STATES
Syllabus
MORSE ET AL. v. FREDERICK
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH
CIRCUIT
No. 06–278. Argued March 19, 2007—Decided June 25, 2007
The Facts of the Case
At a school-sanctioned and school-supervised event, petitioner Morse, the high school
principal, saw students unfurl a banner stating “BONG HITS 4 JESUS,” which she
regarded as promoting illegal drug use. Consistent with established school policy
prohibiting such messages at school events, Morse directed the students to take down the
banner.
When one of the students who had brought the banner to the event—respondent
Frederick—refused, Morse confiscated the banner and later suspended him. The school
superintendent upheld the suspension, explaining . . . that Frederick was disciplined
because his banner appeared to advocate illegal drug use in violation of school policy.
Petitioner school board also upheld the suspension.
Frederick Appeals
Frederick filed suit . . . alleging that the school board and Morse had violated his First
Amendment rights. The District Court granted petitioners summary judgment, ruling that
they were entitled to qualified immunity and that they had not infringed Frederick’s
speech rights. The Ninth Circuit reversed. Accepting that Frederick acted during a
school-authorized activity and that the banner expressed a positive sentiment about
marijuana use, the court nonetheless found a First Amendment violation because the
school punished Frederick without demonstrating that his speech threatened substantial
disruption. It also concluded that Morse was not entitled to qualified immunity because
Frederick’s right to display the banner was so clearly established that a reasonable
principal in Morse’s position would have understood that her actions were
unconstitutional. The school board petitioned the Supreme Court to review the Ninth
Circuit's decision. The Court accepted the case on December 1, 2006.
The Decision
Held: Because schools may take steps to safeguard those entrusted to their care from
speech that can reasonably be regarded as encouraging illegal drug use, the school
officials in this case did not violate the First Amendment by confiscating the pro-drug
banner and suspending Frederick.
(a) Frederick’s argument that this is not a school speech case is rejected. The event
in question occurred during normal school hours and was sanctioned by Morse as
an approved social event at which the district’s student-conduct rules expressly
119
applied. Teachers and administrators were among the students and were charged
with supervising them. Frederick stood among other students across the street from
the school and directed his banner toward the school, making it plainly visible to
most students. Under these circumstances, Frederick cannot claim he was not at
school.
(b) The Court agrees with Morse that those who viewed the banner would interpret
it as advocating or promoting illegal drug use, in violation of school policy. At
least two interpretations of the banner’s words—that they constitute an imperative
encouraging viewers to smoke marijuana or, alternatively, that they celebrate drug
use—demonstrate that the sign promoted such use. This pro-drug interpretation
gains further plausibility from the paucity of alternative meanings the banner might
bear.
(c) A principal may, consistent with the First Amendment, restrict student speech
at a school event, when that speech is reasonably viewed as promoting illegal drug
use. In Tinker v. Des Moines Independent Community School District. . . the Court
declared, in holding that a policy prohibiting high school students from wearing
antiwar armbands violated the First Amendment . . that student expression may
not be suppressed unless school officials reasonably conclude that it will
“materially and substantially disrupt the work and discipline of the school” . . . The
Court in Bethel School Dist. No. 403 v. Fraser, 478 U. S. 675, however, upheld the
suspension of a student who delivered a high school assembly speech employing
“an elaborate, graphic, and explicit sexual metaphor” . . . Analyzing the case under
Tinker, the lower courts had found no disruption, and therefore no basis for
discipline.
This Court reversed, holding that the school was “within its permissible authority in
imposing sanctions . . . in response to [the student’s] offensively lewd and indecent
speech.” . . . Two basic principles may be distilled from Fraser. First, it demonstrates that
“the constitutional rights of students in public school are not automatically coextensive
with the rights of adults in other settings.” . . . Had Fraser delivered the same speech in a
public forum outside the school context, he would have been protected. . . In school,
however, his First Amendment rights were circumscribed “in light of the special
characteristics of the school environment.”
Second, Fraser established that Tinker’s mode of analysis is not absolute, since the
Fraser Court did not conduct the “substantial disruption” analysis. Subsequently, the
Court has held in the Fourth Amendment context that “while children assuredly do not
‘shed their constitutional rights. . . at the schoolhouse gate,’ . . . the nature of those rights
is what is appropriate for children in school,” Vernonia School Dist. 47J v. Acton, has
recognized that deterring drug use by schoolchildren is an “important—indeed, perhaps
compelling” interest. Drug abuse by the Nation’s youth is a serious problem. For
example, Congress has declared that part of a school’s job is educating students about the
dangers of drug abuse, see, e.g.,the Safe and Drug-Free Schools and Communities Act of
1994, and petitioners and many other schools have adopted policies aimed at
120
implementing this message. Student speech celebrating illegal drug use at a school event,
in the presence of school administrators and teachers, poses a particular challenge for
school officials working to protect those entrusted to their care. The “special
characteristics of the school environment,” . . . and the governmental interest in stopping
student drug abuse allow schools to restrict student expression that they reasonably
regard as promoting such abuse.
Source: http://www.supremecourtus.gov/opinions/06pdf/06-278.pdf
121
Redefining Student Rights
We have examined students’ first amendment rights in school; now let’s look at fourth
amendment rights.
The Fourth Amendment
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.
The fourth amendment protects people and their belongings from searches that are
unreasonable, but what is unreasonable? A warrant is required to search a person or
place. Probable cause is required to get a warrant.
The 4th amendment specifies that a warrant is needed to search and it must state the place
to be searched and the person or thing to be seized (taken). However, the 4th amendment
has some room for judicial interpretation.
The case New Jersey v. T.L.O. provided some clarification to unreasonable searches.
Part 1: New Jersey v. T.L.O. (1985)
Read the information below and complete the chart on your worksheet, Student
Rights.
Facts of the case:
T.L.O. was a 14 year old student at a public high school. The school had specific rules
against smoking in school buildings or on school property. A teacher found T.L.O. and
another student smoking in the bathroom and sent her to the assistant principal’s office.
T.L.O. denied that she had been smoking and the assistant principal searched her purse.
During the search, the assistant principal found a package of rolling papers, a small
amount of marijuana, a pipe, a number of empty plastic bags, a large number of one
dollar bills, a list of students that owed the student money and two letters that implicated
T.L.O. in marijuana dealing. The State brought delinquency charges against T.L.O. in
New Jersey Juvenile Court. At the hearing, the student’s attorneys claimed that the
evidence could not be used because it had been found during an illegal search in violation
of the student’s constitutional rights against unreasonable search and seizures. They
argued that the Constitution required that there be probable cause and a warrant to admit
any of the evidence.
Decision:
The U.S. Supreme Court ruled that the Fourth Amendment’ s ban on unreasonable
searches and seizures does apply to public schools but that the warrantless search in this
case by school officials was reasonable. Justice Byron White stated in the court’s written
opinion that school officials may search a student in school as long as there are
reasonable grounds for suspecting that the search will turn up evidence that the student
122
has violated or is violating either the law or the rules of the school. The New Jersey v.
T.L.O case establishes that the 4th Amendment rights of students, while at school, are not
equivalent to the rights of adults. When school officials search a student, they do not have
to obtain a search warrant nor have probable cause before conducting a search, but they
must have a reasonable suspicion that a school rule has been violated. This is in contrast
to police, who need to demonstrate probable cause that individuals they search have
violated a law.
After reading the information about the court case New Jersey v. T.L.O, complete the
chart on your worksheet Student Rights.
Part 2: The New Jersey v. T.L.O. decision
Read the quotes from the Supreme Court’s decision and the explanation of the decision in
New Jersey v. T.L.O.
. . [W]e hold today that school officials
need not obtain a warrant before
searching a student who is under their
authority
. . [T]he legality of a search of a student
should depend simply on the
reasonableness, under all the
circumstances, of the search . . .
No warrant is needed to search a student in
school.
Under ordinary circumstances, a search of
a student by a teacher or other school
official will be "justified at its inception"
when there are reasonable grounds for
suspecting that the search will turn up
evidence that the student has violated or
is violating either the law or the rules of
the school. Such a search will be
permissible in its scope when the measures
adopted are reasonably related to the
objectives of the search and not excessively
intrusive in light of the age and sex of the
student and the nature of the infraction.
A search of a student needs to be reasonable at the start or inception. This means that they
must have suspicion or reason to believe - that a search will show evidence that the
student broke a school rule or law. The search must not go beyond its purpose and must
not be too intrusive.
After reading about the case New Jersey v. T.L.O, answer the question on your
worksheet, Student Rights.
Think about . . .
How were the rights of students affected by the decision in New Jersey v. T.L.O.?
Source: MSDE Online Government
Course, Unit 5
123
Student Resource - Rights of Students
Name:
Part 1:
Maggie and Sally come to school wearing new khaki pants. On the back of the pants, where pockets usually are, the girls put patches
of the American flag. Therefore, when the girls sat down, they sat on the flag.

How disruptive are these actions?

Would it be constitutional for the school administration to restrict this form of speech? Why or why not?
Part 2: Tinker v. Des Moines Independent Community School District (1969)
Read the information about the court case Tinker v. Des Moines (1969) and complete the chart below.
Court Case
Decision
Words or picture that help you
remember
Tinker v. Des Moines (1969)
In Part 1, you read about the situation with Maggie and Sally.

How is freedom of speech expressed in the Tinker case and in the situation with Maggie and Sally?

Why is this called symbolic speech?
124
New Jersey v. T.L.O (1985)
Read the information about the court case New Jersey v. T.L.O (1985) and complete the chart below.
Court Case
Decision
New Jersey v. T.L.O (1985)
After reading about the case New Jersey v. T.L.O, answer the question below.

How were the rights of students affected by the decision in New Jersey v. T.L.O.?
Source: MSDE Government Online Course, Unit 5
125
Words or picture that help you
remember
Check for Understanding
Directions:
1. Read each situation below.
2. Answer the question, "Is this a legal search?" by placing an "X" in the appropriate space. Use the T.L.O. case to help you decide.
3. Provide a brief explanation for your answer.
Situation
Is this a legal
search?
Yes
No
School administrators receive a report that a
member of the cheerleading squad is selling drugs.
They confront her and tell her they are going to
check her locker. Then they do so.
After one second grader complains of having lost
the $5.00 she got from the tooth fairy, teachers ask
all of the students in her class to go into the locker
room and remove their clothing so they may be
strip-searched.
Concerned about alcohol use at the school dance,
school officials search the vehicles of all students
who attend the prom.
After receiving a report that a student has brought a
gun to school, the principal and security guard
bring the student to the office, frisk him, and ask to
search his locker.
Source: MSDE Online Government Course, Unit 5
126
Explanation
The First Amendment to the U.S. Constitution
Read the table below. It explains the 5 rights in the first amendment. Notice that the right to
freedom of religion has two parts.
Amendment 1 Rights
Congress shall make no law respecting an
establishment of religion,
or prohibiting the free exercise[of religion]
thereof;
or abridging the freedom of speech,
or of the press
or the right of the people to peaceably
assemble,
and to petition the Government for redress
of grievances.
Explanation
The government cannot act in a way that
supports religion. This has been
interpreted as a high wall of separation
between church and state.
The government cannot keep people from
practicing their religion.
The government cannot keep people from
expressing their thoughts. This can be
verbal or symbolic (a symbol, image or act
that has meaning). However, people are
not protected if they lie about another
person (slander) or cause harm or danger.
The government cannot keep people from
sharing their ideas through publications
such as books, magazines, pamphlets, and
flyers. However, the printing of false
information about someone (libel) is not
protected.
People can gather as long as it is peaceful.
The government can require permits to be
issued for a gathering on public property.
The government can end the gathering if it
becomes a threat to safety.
The government cannot prevent the people
from asking for the government to right a
wrong
Think about. . .
•
Which of the 5 rights provided in the first amendment do you believe is the most important?
Explain why.
Source: MSDE Online Government
Course, Unit 5
127
Session 6: You Are the Judge
Overview
Defining justice is the most important job of a judge. Students use the knowledge they have
gained about rights and the judicial branches to play the role of a judge of the Supreme Court.
They review decisions of the court to show justice in action. The unit concludes with an end of
unit assessment.
Objectives:
1. Evaluate the decisions of the United States Supreme Court that have limited or expanded the
liberties of citizens, such as Schenck v. U.S. (1919), Gitlow v. New York (1925), Engel v.
Vitale (1962), Katz v. U.S. (1967), Hazelwood School District v. Kuhlmeier (1988), Texas v.
Johnson (1989) (1.2.1 g)
Assessment Limits
 Cases included: Marbury v. Madison, McCulloch v. Maryland, Plessy v. Ferguson, Brown v.
Board of Education, Miranda v. Arizona, Gideon v. Wainwright, Tinker v. Des Moines Board
of Education, and New Jersey v. T.L.O.
 Other cases that address the same issues could be used, but information about these cases
will be provided in the item
Key Questions
1. How do the decisions of the Supreme Court change overtime and affect the liberties of
citizens?
2. How do the Constitution and the Bill of Rights provide protection of civil rights and civil
liberties?
Directions
1. Activating Prior Knowledge - Rights. Post the following for discussion
• When is it fair to limit rights?
Review a few student responses. Remind students that rights may be limited and sometimes
rights may conflict. Give a few examples. Explain that students will now act as judges. The
Supreme Court is about to release opinions for several cases, and the results are to be
reviewed before release. Students will review the cases and present to the class.
2. Developing Understanding – Before and During Reading – You Are the Judge.
Note: you have the option to choose how many cases to use in this final session of the
unit. These Supreme Court decisions vary in reading level and difficulty. Choose the
number of cases based on the needs of the class. These are not HSA assessed cases. The
important point is to allow students to debate rights and further their understanding of
justice.
128
Distribute You Are the Judge to students. Explain that courts promote fairness by
guaranteeing and balancing individual rights and set precedents which guide future decisions,
legislation, and enforcement. Determine the following for the cases:
 What rights are involved in this case?
 How do these rights conflict with one another?
 Which individuals, groups, or government might think this decision is unfair?
 How are rights protected by this decision?
Conduct a whole class discussion in which the spokespersons share the main points of the
case and their group’s discussion. Ask students
•
Was the decision fair or just?
•
Was it the best decision?
•
What do you think was the impact of this decision?
3. Checking for Understanding - After Reading – Justice. Direct students to respond to the
following:
 Why is justice so difficult to achieve?
4. Extension. Students love to debate court cases. But do they know much about the justices
who made some of these decisions. Let’s ask them to read about one of the most important
justices who was a native of Baltimore, Thurgood Marshall. Distribute “Thurgood Marshall”
and set a purpose to read:
• describe several important accomplishments of Justice Marshall
• explain why the Brown v. Board is considered a landmark decision
After students read the selection, conclude with a discussion of the questions included with
the reading:
• Why was Thurgood Marshal such an important figure?
• How do his actions inspire us?
• Which do you think are Justice Marshall’s most important accomplishments? Explain.
If time permits, link to http://www.arlingtoncemetery.net/tmarsh.htm to read Justice
Marshall’s obituary at Arlington Cemetery.
129
You Are the Judge!
Do you watch television shows or movies about police, law enforcement, or judges? Have you
ever thought about being a judge, making decisions about the rights involved in a case or the
outcome of case? Now through a twist of fate that can only happen in Hollywood, you will
become a judge.
You and your group of fellow judges must review a case that was heard before the Supreme
Court. You will read the description carefully and then respond to the questions for the case
below.
The Supreme Court Case: Engel v. Vitale (1962)
For many years, schools throughout the nation began their day with the Pledge of Allegiance and
a prayer. In New York, the state Board of Regents prepared a "non-denominational" prayer for
use in the public schools, trying to avoid anything that might offend one particular religious
group or another. The prayer did not favor any particular religion, but it did express a belief in
God. A group of parents challenged the prayer as "contrary to the beliefs, religions, or religious
practices of both themselves and their children." The state's highest court upheld the use of the
prayer, on the grounds that state law did not force any student to join in the prayer over a parent's
objections.
The Question
Does the reading of a voluntary, nondenominational prayer at the start of a school day violate the
“establishment of religion” clause of the First Amendment?
The Decision
Yes, reading a voluntary, nondenominational prayer violates the “establishment of religion”
clause. Justice Black delivered the opinion of the Court. He noted:
“The petitioners contend among other things that the state laws requiring or permitting use of
the Regents' prayer must be struck down as a violation of the Establishment Clause because that
prayer was composed by governmental officials as a part of a governmental program to further
religious beliefs. For this reason, petitioners argue, the State's use of the Regents' prayer in its
public school system breaches the constitutional wall of separation between Church and State.
We agree with that contention since we think that the constitutional prohibition against laws
respecting an establishment of religion must at least mean that in this country it is no part of the
business of government to compose official prayers for any group of the American people to
recite as a part of a religious program carried on by government.”
Your Job
As a judge in this case, you must summarize the following:
1. What rights are involved in this case?
2. How do these rights conflict with one another?
3. Which individuals, groups, or government might think this decision is unfair?
4. How are rights protected by this decision?
Be prepared to share this information with your classmates.
Adapted from Supreme Court Summary http://usinfo.state.gov/usa/infousa/facts/democrac/47.htm
130
You Are the Judge!
Do you watch television shows or movies about police, law enforcement, or judges? Have you
ever thought about being a judge, making decisions about the rights involved in a case or the
outcome of case? Now through a twist of fate that can only happen in Hollywood, you will
become a judge.
You and your group of fellow judges have been assigned to review a case that was heard before
the Supreme Court. You will read the description carefully and then respond to the questions for
the case below.
The Supreme Court Case: Korematsu v. United States (1944)
Japanese forces bombed Pearl Harbor in 1941. On February 19, 1942, President Roosevelt
signed Executive Order 9066 designating parts of the country as "military areas" from which any
and all persons might be excluded, and in which travel restrictions might be imposed. Military
commanders ordered people of Japanese ancestry removed from a large area of California. Fred
Korematsu refused to obey the order. He was arrested and convicted. He eventually appealed to
the Supreme Court. He challenged the deportation order.
The Question
Can government actions based on race or national origin be allowed in wartime?
The Decision
Yes. Justice Black delivered the opinion of the Court:
“Exclusion of those of Japanese origin was deemed necessary because of the presence of an
unascertained number of disloyal members of the group, most of whom we have no doubt were
loyal to this country . . .
. . We uphold the exclusion order as of the time it was made and when the petitioner violated
it.... In doing so, we are not unmindful of the hardships imposed by it upon a large group of
American citizens.... But hardships are part of war, and war is an aggregation of hardships. . . .
Compulsory exclusion of large groups of citizens from their homes, except under circumstances
of direct emergency and peril, is inconsistent with our basic governmental institutions. But when
under conditions of modern warfare our shores are threatened by hostile forces, the power to
protect must be commensurate with the threatened danger....”
Your Job
As a judge in this case, you must summarize
1. What rights are involved in this case?
2. How do these rights conflict with one another?
3. Which individuals, groups, or government might think this decision is unfair?
4. How are rights protected by this decision?
Be prepared to share this information with your classmates.
Adapted from Supreme Court Summary http://usinfo.state.gov/
131
Update: Korematsu v. United States
After the war ended, the internment haunted the nation's conscience as well. In 1948 Congress
took the first step in making amends, enacting the Japanese American Evacuation Claims Act to
provide some monetary compensation to those who had lost homes and businesses because of the
order. In 1980, Congress again opened the internment issue, and this time a stream of witnesses
testified, many of them for the first time, of the hardships and psychological trauma they had
suffered. The resulting report, Personal Justice Denied (1983), condemned the removal as
unjustified by military necessity, and also concluded that the Supreme Court decisions had been
"overruled in the court of history."
132
You Are the Judge!
Do you watch television shows or movies about police, law enforcement, or judges? Have you
ever thought about being a judge, making decisions about the rights involved in a case or the
outcome of case? Now through a twist of fate that can only happen in Hollywood, you will
become a judge.
You and your group of fellow judges have been assigned to review a case that was heard before
the Supreme Court. You will read the description carefully and then respond to the questions for
the case below.
The Supreme Court Case: Schenck v. United States
In 1917, the United States was involved in World War I. Charles Schenck mailed thousands of
leaflets to men who were eligible for the draft. The leaflets suggested that the draft was illegal.
Schenck was arrested. He claimed that he had the right to distribute the leaflets under the
protection of the 1st Amendment right to free speech. Schenck was convicted for violating the
Espionage Act of 1917.
The Question
Was the limitation on the right of free speech in the Espionage Act a violation of free speech?
Are Schenck’s actions (words, expression) protected by the free speech clause of the First
Amendment?
The Decision
The Supreme Court ruled against Schenck and found that the Espionage Act did not violate the
rights of free speech. This was the first time the Supreme Court faced the question of whether the
government can limit free speech under special circumstances. The Court established a test for
the limitations on free speech. First, it set up the clear and present danger test in which the
government may limit the rights of free speech or free press when there is threat from spoken or
written words that may bring about substantive evils that Congress has the right to prevent.
Second, the Court decided that certain speech permissible during peacetime may be punished
during wartime. The Schenck case established that the right to free speech is not an absolute
guarantee.
Your Job
As a judge in this case, you must summarize
1. What rights are involved in this case?
2. How do these rights conflict with one another?
3. Which individuals, groups, or government might think this decision is unfair?
4. How are rights protected by this decision?
Be prepared to share this information with your classmates.
Adapted from Supreme Court Summary http://usinfo.state.gov/
133
You Are the Judge!
Do you watch television shows or movies about police, law enforcement, or judges? Have you
ever thought about being a judge, making decisions about the rights involved in a case or the
outcome of case? Now through a twist of fate that can only happen in Hollywood, you will
become a judge.
You and your group of fellow judges have been assigned to review a case that was heard before
the Supreme Court. You will read the description carefully and then respond to the questions for
the case below.
The Supreme Court Case: Katz v. United States
Charles Katz, a known gambler, was being investigated by the Federal Bureau of Investigation
(FBI) for allegedly using a public telephone booth to make illegal bets. The FBI placed
electronic devices outside the telephone booth Katz used regularly to monitor and record his
phone calls and gather evidence of gambling activity. Based on the recordings, Katz was arrested
and convicted. He appealed his case to the Supreme Court stating the evidence obtained through
the electronic surveillance could not be used against him because it was obtained illegally and
that the government violated his 4th Amendment right to protection against unreasonable search
and seizure.
The Question
Does the warrantless wiretapping of a public phone booth violate the unreasonable search and
seizure clause of the Fourth Amendment to the United States Constitution?
The Decision
The Supreme Court ruled in Katz’s favor. The decision overturned the 1928 case Olmstead v
United States that permitted the federal government use of surveillance and wiretaps outside a
person’s home. "The Fourth Amendment protects people, not places," wrote Justice Potter
Stewart for the Court .The Katz case expanded the scope of the 4th Amendment to include
protection against warrantless electronic surveillance and protected an individual’s privacy in
public places.
Your Job
As a judge in this case, you must summarize
1. What rights are involved in this case?
2. How do these rights conflict with one another?
3. Which individuals, groups, or government might think this decision is unfair?
4. How are rights protected by this decision?
Be prepared to share this information with your classmates.
Adapted from http://www.uscourts.gov/outreach/resources/katz/facts.html
134
You Are the Judge!
Do you watch television shows or movies about police, law enforcement, or judges? Have you
ever thought about being a judge, making decisions about the rights involved in a case or the
outcome of case? Now through a twist of fate that can only happen in Hollywood, you will
become a judge.
You and your group of fellow judges have been assigned to review a case that was heard before
the Supreme Court. You will read the description carefully and then respond to the questions for
the case below.
The Supreme Court Case: Branzburg v. Hayes
Petitioner Branzburg, a reporter at the Courier-Letter in Louisville, Kentucky, wrote two articles
for his paper concerning drug use in Kentucky. . . As a condition for cooperating with
Branzburg, his sources requested that they not be identified.
When published, both of these articles came to the attention of law enforcement personnel. In
each instance, Branzburg was called to testify before a grand jury concerning his knowledge of
the drug activities reported in his articles. The prosecutors in charge of these grand jury
proceedings ordered him to name his sources. Branzburg refused on the grounds that the
Freedom of the Press Clause of the First Amendment protects the confidentiality of a journalist's
sources. After moving through the Kentucky court system, the U.S. Supreme Court agreed to
hear these two cases, which it consolidated under the name Branzburg v. Hayes.
The Question
Does compelling a journalist to reveal confidential sources before a grand jury investigating a
criminal matter violate Freedom of the Press?
The Decision
No. Justice Byron White wrote the decision that held that the First Amendment does not provide
members of the press with the right to withhold from a grand jury the names of confidential
sources. Additionally, the Court was not persuaded by the argument that a substantial number of
people would refrain from talking to the press as a result of this ruling, noting that it only applies
to criminal grand jury investigations. If a story did not involve criminal activity, promises of
confidentiality were perfectly acceptable. If the story did involve such activity, the journalist,
like all citizens, is obliged to report it. Finally, the Court said that the First Amendment had
never been interpreted as exempting the press from obeying laws that applied to everyone
equally, i.e., prohibitions against stealing and the requirement to pay taxes.
Your Job
As a judge in this case, you must summarize
1. What rights are involved in this case?
2. How do these rights conflict with one another?
3. Which individuals, groups, or government might think this decision is unfair?
4. How are rights protected by this decision?
Be prepared to share this information with your classmates.
Adapted from http://www.uscourts.gov/
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Aftermath In light of this decision, many states enacted legislation commonly called "shield
laws" to protect journalists from being punished for refusing to reveal their sources.
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You Are the Judge!
Do you watch television shows or movies about police, law enforcement, or judges? Have you
ever thought about being a judge, making decisions about the rights involved in a case or the
outcome of case? Now through a twist of fate that can only happen in Hollywood, you will
become a judge.
You and your group of fellow judges have been assigned to review a case that was heard before
the Supreme Court. You will read the description carefully and then respond to the questions for
the case below.
The Supreme Court Case: Weeks v. United States (1914)
Fremont Weeks was suspected of using the mail system to distribute chances in a lottery, which
was considered gambling and was illegal in Missouri. A federal agent entered his house,
searched his room, and found the illegal lottery forms. Later, the federal agents returned to the
house in order to collect more evidence and took letters and envelopes from Weeks’ drawers. In
both instances, there was no search warrant. The materials were used against Weeks at his trial
and he was convicted.
Mr. Weeks filed suit to have the papers that were not relevant returned and he also asked that the
evidence be thrown out at the trial because it was gotten through an illegal search.
The Question
Did the search and seizure in Mr. Weeks’ home violate his Fourth Amendment rights?
The Decision
Yes. The Supreme Court held that the seizure of items from Weeks' residence violated his Fourth
Amendment rights. The marshal needed a search warrant to enter the house. He acted illegally in
violation of the Constitution. “If letters and private documents can thus be seized and held and
used in evidence against a citizen accused of an offense, the protection of the Fourth
Amendment, declaring his right to be secure against such searches and seizures, is of no value,
and so far as those thus placed are concerned, might as well be stricken from the Constitution.”
This was the first application of what eventually became known as the "exclusionary rule."
The rule applied only to federal law enforcement and federal courts, however, and cooperation
between federal officers and other law enforcement officers created so-called "silver platter"
arrangements between one and the other. Until Elkins v. United States, 1960, federal officers
would frequently tip off local officers, not bound by Weeks, who would then secure evidence by
means not permitted under the Exclusionary Rule and transfer it to their federal colleagues "on a
silver platter."
Your Job
As a judge in this case, you must summarize
1. What rights are involved in this case?
2. How do these rights conflict with one another?
3. Which individuals, groups, or government might think this decision is unfair?
4. How are rights protected by this decision?
Be prepared to share this information with your classmates.
Adapted from http://www.phschool.com/atschool/supreme_court_cases/weeks.html
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You Are the Judge!
Do you watch television shows or movies about police, law enforcement, or judges? Have you
ever thought about being a judge, making decisions about the rights involved in a case or the
outcome of case? Now through a twist of fate that can only happen in Hollywood, you will
become a judge.
You and your group of fellow judges have been assigned to review a case that was heard before
the Supreme Court. You will read the description carefully and then respond to the questions for
the case below.
The Supreme Court Case: Maryland v. Pringle (2003)
A police officer stopped a car for speeding at 3:16 a.m.; searched the car, seizing $763 from the
glove compartment and cocaine from behind the back-seat armrest; and arrested the car’s three
occupants after they denied ownership of the drugs and money. Respondent Pringle, the frontseat passenger, was convicted of possession with intent to distribute cocaine and possession of
cocaine, and was sentenced to 10 years’ incarceration without the possibility of parole. The
Maryland Court of Special Appeals affirmed, but the State Court of Appeals re-versed, holding
that, absent specific facts tending to show Pringle’s knowledge and dominion or control over the
drugs, the mere finding of cocaine in the back armrest when Pringle was a front-seat passenger in
a car being driven by its owner was insufficient to establish probable cause for an arrest for
possession
The Question
Did the police violate Pringle’s constitutional rights against unreasonable search and seizure by
arresting him just because he was in a car which contained illegal drugs?
The Decision
No. In a unanimous opinion delivered by Chief Justice William Rehnquist, the Court ruled that
because the officer had probable cause to arrest Pringle, the arrest did not violate the Fourth
Amendment. The Court reasoned that "a reasonable officer could conclude that there was
probable cause to believe that Pringle committed the crime of possession of cocaine.
Your Job
As a judge in this case, you must summarize
1. What rights are involved in this case?
2. How do these rights conflict with one another?
3. Which individuals, groups, or government might think this decision is unfair?
4. How are rights protected by this decision?
Be prepared to share this information with your classmates.
Source: www.supremecourtus.gov/opinions/03pdf/02-809.pdf
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Thurgood Marshall (1908–1993)
Thurgood Marshall
Credit: "[Thurgood Marshall, head-and-shoulders portrait, facing front]." [between 1950 and 1970(?)].
Prints and Photographs Division of the Library of Congress.
Thurgood Marshall was born in Baltimore, Maryland on July 2, 1908. He was the greatgrandson of a slave and the son of a dining car waiter and a schoolteacher. His father, William
Marshall, instilled in him from youth an appreciation for the United States Constitution and the
rule of law. After high school he went to historically black Lincoln University in Chester
County, Pennsylvania. His classmates at Lincoln included a distinguished group of future black
leaders such as the poet and author Langston Hughes, the future President of Ghana, Kwame
Nkrumah, and musician Cab Calloway.
In 1930, he applied to the University of Maryland Law School, but was denied admission
because he was black. Thurgood sought admission and was accepted at the Howard University
Law School. Throughout his life, Marshall used the law to promote civil rights and social justice.
After graduating from Howard University Law School in 1933, Thurgood Marshall worked at his
own law practice for three years. Marshall's first major court case came in 1933 when he
successfully sued the University of Maryland to admit a young African American Amherst
University graduate named Donald Gaines Murray. Applauding Marshall's victory, author H.L.
Mencken wrote that the decision of denial by the University of Maryland Law School was
"brutal and absurd," and they should not object to the "presence among them of a self-respecting
and ambitious young Afro-American well prepared for his studies by four years of hard work in
a class A college." (Source: http://chnm.gmu.edu/courses/122/hill/marshall.htm )
Thurgood Marshall was the first African-American member of the U.S. Supreme Court. He
served on the court from 1967 until he retired in 1991. Earlier in his career, Marshall worked as a
lawyer for the National Association for the Advancement of Colored People (NAACP) and
helped win the 1954 landmark desegregation case, Brown v. Board of Education of Topeka,
Kansas.
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Then he went to work for the National Association for the Advancement of Colored People
(NAACP), a civil rights group. Marshall worked on many important cases while at the NAACP,
but by 1961 he was ready for a change and needed to earn more money to support his family.
Marshall thought he might get a job at a private law firm, but President John F. Kennedy had a
different idea: President Kennedy asked Marshall to become a federal judge for the United States
Court of Appeals in New York.
A Career in Law
Just the fact that the president appointed Marshall didn't mean he would get the job. According to
the Constitution, federal judges must be approved by the Senate. Racism was strong in many
parts of the country. Some people did not want Marshall, a black lawyer who had been a leader
in the civil rights movement, to become a judge. Some senators held up his appointment for
almost a year. Finally, in 1962, the Senate gave its approval and Marshall became a federal
judge.
Marshall was very good at his job, but, as Marshall said, "Once you get to become a judge, you
want to get on the Supreme Court."
In 1965, Marshall got a request from another president. President Lyndon Johnson wanted him to
become the solicitor general. The solicitor general is the lawyer who represents the United States
government in all Supreme Court cases -- a very important job.
Marshall hoped the job might lead to an appointment to the Supreme Court. He was right.
President Johnson appointed Marshall to the United States Supreme Court in 1967. He was the
first African-American Supreme Court justice. President Johnson said it was "the right thing to
do, the right time to do it, the right man and the right place." Although there was some dissent,
the country had changed and Marshall was approved by the Senate. He served for 24 years.
Briggs to Brown
Have you heard of the Supreme Court case Brown v. Board of Education of Topeka, Kansas? It
was the 1954 case that declared racial segregation in public schools unconstitutional, that is, that
it was against the law to make blacks and whites attend different public schools . But Brown was
preceded by another similar case that reached the Supreme Court first. The case was Briggs v.
Elliott, and Thurgood Marshall was the main lawyer for the case.
In the late 1940s and early 1950s, Marshall was the chief staff lawyer for the National
Association for the Advancement of Colored People (NAACP). Marshall and the NAACP were
trying to change the current law, which said it was OK to have separate schools for blacks and
whites as long as they were equal. In reality, separate almost never meant equal.
In 1951, Clarendon County, South Carolina, spent more than three times as much on each white
child's education as it did on each black child. A black Clarendon County principal asked black
parents to file a lawsuit to demand better schools for their children. The case became known as
Briggs v. Elliott, and Marshall led the team of NAACP lawyers.
When Briggs went to trial, Marshall showed how little money was spent on schools for black
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children and how their schools were not equal to schools that white children attended.
The court agreed that the schools were not equal but said it was OK for there to be separate
schools as long as Clarendon County made the schools for blacks as good as those for whites.
Marshall disagreed. He said the schools would never be equal as long and there were separate
schools. What did he do?
He took the case to the U.S. Supreme Court. There were four other similar cases before the court,
so all the cases were joined together and called Brown v. Board of Education.
After many months, the Supreme Court unanimously agreed with Marshall. He won a great
victory, but there was still a long road to travel before everyone had the same civil rights in
America.
Autherine Lucy and the University of Alabama
Thurgood Marshall believed that if the Supreme Court decided something, then the rest of the
country would follow its decision. But in the 1950s, some people were willing to do almost
anything to keep schools segregated (that is, keep black students in separate schools).
Marshall had helped win the 1954 landmark Supreme Court desegregation case, Brown v. Board
of Education. The Brown decision said that racial segregation in public schools was
unconstitutional (illegal).
The first test of Brown was in Alabama. In 1952, before Brown was the law of the land, a young
black woman named Autherine Lucy was accepted to the University of Alabama. Once the
university realized she was African-American, they told her state law did not allow her to attend.
Marshall and other lawyers worked with Lucy to sue the university. After years of courtroom
battles, the U.S. Supreme Court ruled in 1955 that Lucy could go to the University of Alabama.
n February 1956, a mob of people assembled on campus. They all had one thing in common:
they wanted to stop desegregation. They chanted racist slogans. They insulted Lucy, threw eggs
at her, and threatened, "Let's kill her!"
Lucy had to be escorted off campus in a police car. At the end of the day, university officials
voted to suspend Lucy. They said that the campus was not safe for her. The angry protestors
would get their way.
Marshall helped Lucy file a lawsuit against the university. They demanded that Lucy be allowed
to attend. Then they pushed their case too far. They accused the university of aiding the rioters
by not providing protection for Lucy. Marshall soon realized that this accusation was a mistake.
He withdrew the charge, but the damage was already done.
The court ordered the university to take back Lucy, but the university used her lawsuit as an
excuse to expel her. University officials claimed that Lucy had slandered (said untrue things
about) the university and they could not have her as a student. Marshall had thought the Brown
decision would end segregation, but the University of Alabama had found a legal way to stay
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segregated.
After Lucy was expelled from the university, Marshall was so concerned about her safety that he
brought her to New York to stay in his home with him and his wife, Cecilia. Lucy said later, "I
just felt so secure with Mr. Marshall and his wife. . . . How grateful I have been over all these
years for the protection and the kindness he gave to me."
Justice Marshall served in this position until 1991 due to failing health and died of heart failure
on January 24, 1993 at Bethesda Naval Medical Center in Maryland.
Marshall was a strong advocate for equal protection of the law. He was an ardent supporter of
affirmative action and probably influenced court decisions that upheld the use of affirmative
action in some cases. Marshall believed that the Constitution was inherently defective in its
acceptance of slavery and gave much credit to those who "refused to acquiesce in outdated
notions of 'liberty,' 'justice,' and 'equality,' and who worked to better them. The true miracle of
the Constitution was not the birth of the Constitution, but its life."
He was buried in Arlington National Cemetery, near the graves of fellow Justices, Oliver
Wendell Holmes, Jr., William O. Douglas, William J. Brennan and Potter Stewart.
Consider . . .
• Why was Thurgood Marshal such an important figure?
•
How do his actions inspire us?
•
Which do you think are Justice Marshall’s most important accomplishments? Explain.
Source: Library of Congress America’s Story from America’s Library
http://www.americaslibrary.gov/cgi-bin/page.cgi/aa/leaders/marshallthrgd
Additional information from: http://chnm.gmu.edu/courses/122/hill/marshall.htm
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Unit 5
End of Unit Assessment
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1. Which of these principles of government is demonstrated when the Maryland Court of
Appeals declares a Maryland state law unconstitutional?
A. federalism
B. popular sovereignty
C. checks and balances
D. representative democracy
2. Why are federal judges appointed for life?
A. to ensure freedom from control by elected officials
B. to attract people with experience to the job
C. to guarantee that states retain their powers
D. to protect the wishes of the majority of citizens
3.
When a famous actress was accused of wrong-doing, the newspapers covered the event
extensively. The actress was convicted of the crime, but appealed the verdict on the grounds
that the pre-trial publicity prejudiced the jury.
Which of these rights is in conflict with the freedom of the press?
A. the right to a speedy trial
B. the right to present witnesses
C. the right to legal counsel
D. the right to a fair trial
4.
Which of these Supreme Court decisions established the doctrine of "separate but equal"?
A. Plessy v. Ferguson
B. Marbury v. Madison
C. Tinker v. Des Moines School District
D. Brown v. Board of Education of Topeka
5.
In a 1995 case, the U.S. Supreme Court ruled that conducting drug tests of students
participating in interscholastic athletics did not violate the Fourth Amendment's prohibition
of unreasonable searches and seizures.
This ruling expanded the Supreme Court's decision in
A. New Jersey v. T.L.O.
B. Mianda v. Arizona
C. Brown v. Board of Education of Topeka
D. Tinker v. Des Moines School District
6.
Which of these rights of a suspect is protected by the Miranda v. Arizona decision?
A. the right to an attorney
B. the right to a jury of peers
C. the right to confront witnesses
D. the right to a speedy and public trial
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7.
Which of these cases helped establish the right of the Supreme Court to review the
constitutionality of federal law?
A. Marbury v. Madison
B. McCulloch v. Maryland
C. Plessy v. Ferguson
D. Brown v. Board of Education
8.
Which of these best describes an effect of the Supreme Court decision in Marbury v.
Madison?
A. It gave the President veto power over Congress.
B. It divided the government into three separate branches.
C. It established the power to void a congressional law.
D. It made state governments question federal power.
9. Which of these incidents led to the United States Supreme Court case Tinker v. Des Moines
Independent School District?
A. A school principal censored articles from the school newspaper.
B. A school district used public transportation to segregate students by race.
C. School authorities searched a student's handbag without a search warrant.
D. School authorities suspended students for wearing black armbands as a protest.
10. Which of these situations would violate a right established in Miranda v. Arizona?
A. School authorities search a student’s locker without a warrant.
B. A city prohibits cigarette companies from advertising on billboards.
C. A state passes a law establishing several methods of capital punishment.
D. Police officers refuse to allow a person in custody to consult with a lawyer.
11. The Sixth Amendment allows the accused the “assistance of counsel.”
Which of these Supreme Court decisions extended the protections of this amendment?
A. Marbury v. Madison
B. Plessy v. Ferguson
C. Gideon v. Wainwright
D. Tinker v. Des Moines School Board
12. Which of these Supreme Court cases established supremacy of the federal government over
the states?
A. Plessy v. Ferguson
B. New Jersey v. T.L.O
C. Marbury v. Madison
D. McCulloch v. Maryland
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13. Which of these rights is guaranteed to criminal defendants as a result of the Supreme Court's
decision in Gideon v. Wainwright?
A. the right to an attorney
B. the right to a trial by jury
C. the right to confront witnesses in court
D. the right to remain silent when questioned by police
14. Some students were accused of violating school policy by leaving school grounds while
school was in session. Before being suspended, the students were given an opportunity to
explain their reasons for leaving school grounds.
Which of these principles of law applies to this situation?
A. due process
B. majority rule
C. checks and balances
D. separation of powers
15. In 1961, the Supreme Court rules that illegally obtained evidence could not be used in state
courts.
Which of these constitutional rights is protected by this ruling?
A. the right to counsel
B. the right to free speech
C. the right to protection against self-incrimination
D. the right to protection against unreasonable search and seizure
16. Which of these types of cases would be tried as a civil case?
A. kidnapping
B. lawsuit
C. shoplifting
D. traffic violation
17. The U.S. Supreme Court’s decision in Brown v. Board of Education of Topeka was a step
toward “equal justice under the law” because it
A. removed poll taxes
B. limited states’ power to tax
C. made segregation laws unconstitutional
D. required police to inform people of their rights
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18. A police officer arrests a suspected criminal and neglects to inform the suspect of the
charges against him.
Which of these best describes the above situation?
A. a failure to ensure separation of powers
B. a violation of due process rights
C. the abuse of executive privilege
D. the misuse of the power of eminent domain
19. A police officer stopped a citizen for speeding. Without probable cause, the officer opened
the trunk of the citizen's car to look for drugs.
The citizen can challenge the actions of the police officer on the grounds that a citizen has
A. the right to an attorney
B. the right to avoid self-incrimination
C. the right to equal protection under the law
D. the right to protection against illegal searches and seizures
20. Which of these is a requirement for a fair trial in a criminal case?
A. The jury must recognize the lawyers involved in the case.
B. The lawyers must know each other.
C. The defendant must know the charges.
D. The judge must insist that the defendant testify.
21. Which of these is an example of plea-bargaining?
A. A jury determines the sentence for a person convicted of a crime.
B. A police officer collects evidence to obtain a search warrant.
C. A judge reviews evidence to determine whether a police officer violated a citizen's
rights.
D. A defendant admits guilt to a less serious charge instead of being tried for a more serious
one.
22. Which of these is a violation of civil law?
A. taking a souvenir shirt without paying for it
B. driving through a red light on the highway
C. breaking a legal contract
D. refusing to report for jury duty
23. Which of these would most likely be indicted by a Maryland grand jury?
A. a professional football player refusing to honor his contract
B. a neighbor having a property dispute with another homeowner
C. a car owner testifying about the theft of her car
D. a person videotaped robbing a state bank
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Look at the cartoon below.
24.
The cartoon is commenting on the power of
A.
B.
C.
D.
federal supremacy
judicial review
executive privilege
congressional oversight
25. A grand jury decides
A. where a trial will be held
B. when a case will go to trial
C. whether a person should be indicted
D. which attorney will represent a defendant
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BCR
Read the information below.
Police cameras have been installed at intersections in parts of Maryland to photograph the license
plates of red-light runners. Many citizens oppose this government use of cameras.
• What constitutional issue might be involved in this use of cameras?
• Explain whether you agree or disagree with this practice.
• Include examples and details to support your answer.
BCR
A student was denied participation in his school’s football program when he retused to consent
to the school district’s random drug testing policy. In Vernonia v. Acton School District (1995),
the student argues that his school district’s random drug testing policy was a violation of the
reasonable search and seizure clause of the Fourth Amendment.

Based on the court’s ruling in New Jersey v. T.L.O. (1985), how do you think the
Supreme Court ruled in Vernonia v. Acton School District?

Include details and examples to support your conclusion.
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