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SIMULATION: “AIRPORT TOO?”
INTRODUCTION
The excerpts below from letters to the editor of the Vine City newspaper show dimensions of the
controversy that has recently cropped up in Concord County. Concord County and Vine City-and these citizens are fictitious, but the problem is real.
“I have two children going to the high school. I don’t want any planes zooming in only fifty feet
over their heads.”
“This county needs an airport if we’re ever going to develop, attract major corporations, and
become a business center. People who are against it just can’t see beyond their noses.”
“If people would only do a little checking, they would see that some of our so-called public
leaders are going to make a bundle on this airport deal.”
“Anything that’s going to bring jobs to this area is welcome. If people had behaved ten years
ago like some are now, most of us in this county would still be walking behind a mule.”
“Who ever heard of building an airport near a recreation park and a school? You can’t play
baseball with planes roaring overhead, Much less study any lessons.”
“There is no holding back progress. People who think that they can do that haven’t read the
history book. An airport is needed in north Georgia so we might as well have it here as in the
next county.”
“I just moved into a $50,000 home about a half mile from the high school. The last thing I want
is an airport in my backyard.”
“Who is going to pay for this scheme? You and me, that’s who. The property owner always is
the one who gets stuck with the bill for higher taxes.”
“I have to fly out of Atlanta airport two or three times a week. There are a lot of other sales and
business people I know who would certainly use a local commuter air service.”
“There are plenty of us at the junior college who would like to see the airport built. The talk
about dangerous low-flying planes is a scare tactic and has no basis in fact.”
“The limousine service to Atlanta airport is a joke. It only runs twice a day on weekdays. A
scheduled air service would make it easy to make connections to any place in the country.”
“There are other ways we could spend our money. The county might think about a hospital and
better ambulance service.”
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Directions
Airport is designed for three class periods. It takes place in four stages. Each student receives a
role card. Students can use their own first name with the fictional names.
1. Strategy Planning: The four groups listed below meet to discuss the issue. The groups “in
favor” or “opposed” will want to plan strategies for their short speeches before the planning
commission. Strategies should be based on assigned roles. The role-players will become
familiar with the issue, organize support, share their views, and “get into character.”
IN FAVOR OF AIRPORT OPPOSED TO AIRPORT
Wagner
Ives
Todd
Weber
Saunders
Strauss
Kyle
Hines
Calhoun
Nielsen
Allen
Michaels
Jablonski
Verdi
Vittorio
Smiley
Caldwell
Mahler
UNDECIDED
Alden
Mann
Goldmark
Mann
Delius
Jones
Bartlett
Stanley
REPORTERS
Sharp
Seeker
Quizzly
Megahertz
An 8-member planning commission will conduct the public hearing. Jones chairs the planning
commission, and the members can be comprised of the undecided citizens listed above. (If the
student group numbers more than 30, the other seven members of the planning commission can
be additional to the names listed above.)
2. Public Hearing: The planning commission is an appointed local citizen group that will listen
to public comments and, at the end of the hearing, vote on whether or not to recommend to the
county commission that the airport be built. Each person in favor or opposed to the airport
should prepare a short statement to make before the planning commission. Members of the
planning commission may want to ask questions as they try to determine the effects that the
airport will have on the county and its residents.
3. Planning Commission Meeting: After the hearing, the planning commissioners meet and
decide what action they will recommend to the county commission. The reporters and others
will want to listen to the discussion and the vote.
4. Reporters prepare a brief story to be broadcast or printed the next day. (These can be posted
on your bulletin board.)
5. Review at the completion of the simulation, 15-20 minutes should be devoted to evaluating
the simulation. The reporters’ stories could be read and discussed. Were they biased? What did
they leave out? How well did the roles present the range of interests in the community? Should
other roles be added? Were all aspects of the issue brought out? How closely does this
simulation approximate realities of controversies over building a local or regional airport in
Georgia today?
THE SIMULATION
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Each student plays the role of an interested citizen in a controversy over a proposed county
airport. Each contributes a special perspective based on interests outlined on a role card. Each
person should think about how to act the role. Some research into airport pros and cons should
be included if there is time.
This simulation gives students an opportunity to pull together what they have learned about the
local government and land use planning. The aim is to think through alternatives, weigh
evidence, evaluate differing points of view, and make a decision about what they would say at a
public hearing. For planning commission members it is a chance to decide and vote.
THE CASE
Concord County is a fictional county located in north central Georgia, about two-and-one-half
hours driving time from Atlanta. Once a quiet farming area, the county has become, over the
past ten years, a scene of rapid residential and commercial development. During this period, its
population has grown from 36,000 to 64,000. Many of these people moved to the county for
employment with new manufacturing, warehousing, and trucking enterprises. Two shopping
malls have surpassed Vine City (the county seat) and Berryville as centers of retail activity. Last
year a state junior college opened, and there is talk of building a regional hospital.
Recently, business leaders proposed that the county undertake the construction and operation of
an airport. They stated that if Vine City were to become a regional business hub, it would have
to have air service. Supporters of the proposal include some land developers who hope to build a
resort and recreation complex on Lake Concord. They foresee sports enthusiasts flying in for
golf tournaments and other events. County residents who regularly have to drive to Atlanta see
the airport as a big improvement over their five hour round trip.
The proposed site for the airport is just outside Vine City the center of the county. It is
convenient to Lake Concord, the interstate highway, and existing motel accommodations.
Adjoining the flat site is open farmland, but across the road are some new apartments. One half
mile away are the county high school and the recently built city and county recreation fields. In
the immediate area is a small shopping center and some residential development.
Opposition to the airport arose almost immediately when the proposal was made public. Nearby
residents fear low-flying planes. Air and noise pollution have been predicted. School officials
are concerned that teaching will be interrupted. Some citizens object to being taxed to support
an airport they might never use. These opponents have organized to stop the airport effort before
it gets off the ground.
Before the Concord Planning Commission makes a decision on the airport question, they will
hold a public hearing at the courthouse. They will listen to the arguments of the concerned
citizens who attend. Extensive newspaper publicity has insured a big turnout.
THE CHARACTERS
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Mr./Mrs. Wagner: Land Developer, Mayor of Vine City, Age 38, married, 5 children in
elementary and high school
You have been very successful in bringing commercial development to Concord County. Your
prestige enabled you to be easily elected mayor of Vine City two years ago. You are convinced
that continued growth in Concord County is dependent upon additional transportation facilities.
You have heavily invested in the planned sports and recreation complex and believe that it
would “put Concord County on the map.” Now you are actively lining up support for the airport
proposal.
________________________________________________________________________
Senator Todd: State Legislator, Age 33, married, one son in elementary school
You have lived all your life in Concord County. You are a lawyer in a family law firm. You are
known as a leader in environmental causes. Over the years you have been an outspoken
opponent of what you felt was poorly planned commercial development around Vine City. You
led a successful effort to close down a mill that was polluting Lake Concord. You hope to use
your position as a State Senator to block any effort to build an airport in the county.
_____________________________________________________________________
Mr./Mrs. Alden: Chairman, Board of County Commissioners, Age 56, married, no
children, Chamber of Commerce member
You are now serving in your final year of a term as commission chairman. This is a full-time
elected position for which you plan to run again. It is important for you to know the likes and
dislikes of the voters. You feel that if the county is to continue to progress, there will have to be
more business and industrial development. You are the part-owner of a farm supply company in
Berryville. As you and your spouse also live in Berryville, you will not be personally effected
by the proposed airport.
________________________________________________________________________
Mr./ Mrs. Kyle: County Commissioner, Age 61, widowed, 4 married daughters and 6
grandchildren, all living in Concord County
You have lived al your life in Concord County. You own a large farm between Vine City and
Berryville which is run by one of your sons-in-law. You ran for county commission two years
ago because you were concerned about environmental decline in the county. You have seen the
local population explosion and feel that the county does not need any more people or industry.
You believe that nothing is gained by turning good farmland into commercial property.
________________________________________________________________________
Mr./Mrs. Goldmark: Plant manager, Age 34, one child, Junior Chamber of Commerce
member
You moved to Concord County only five years ago to become manager of a manufacturing plant.
You immediately became active in community affairs. You worked hard helping develop the
city/county recreation department and continue to work in the recreation program. You favor
putting tighter controls on land development in the county. You feel that Alden is a weak
commission chairman and you have recently announced that you are going to run against Alden
in the upcoming election.
Mr./Miss Smiley: School Teacher, Age 23, unmarried, Little League Coach
You live in an apartment which faces the proposed site. You are concerned about air pollution
and loud noise from the planes landing and taking off. However, you do feel that an airport
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would be good for the economic growth of concord county. You have already written a letter to
the newspaper suggesting a site near Berryville as a location for the airport.
_________________________________________________________________
Mr./Miss Calhoun: Attorney for Land-owners, Age 36, unmarried, holds pilot’s license
You live in Atlanta and have been retained by the owners of the proposed airport site. You have
studied the legal aspects of the case and have determined that there should be no legal obstacles
to building the airport. In addition, as an expert in development, you hope to convince people at
the hearing that the small airport would be beneficial to the community.
________________________________________________________________________
Mr./Mrs. Jablonski: Service Station Owner, age 56, three married sons and one daughter
in college.
Your station, at the interstate highway exit near the proposed airport site is a good source of
income. You believe the airport would bring you additional business. However, one of your
sons has just built a new home less than a mile from the site. He doesn’t want planes flying low
over his house.
_______________________________________________________________________
Mr./ Mrs. Michaels: Home Owner, age 62, widowed, no children
You are living in a subdivision located near the proposed site. You have spent the last two
months trying to organize other home owners to fight against the airport plan. You are
concerned that the airport will bring traffic congestion to the neighborhood as well as air and
noise pollution.
________________________________________________________________________
Mr./Mrs. Verdi: Home Owner, age 38, married, two sons in high school, Little League
Coach
You are a newcomer to Concord County. You recently bought a small electronics plant outside Vine
City. You figure that the airport will help you travel to market you products.
________________________________________________________________________
Dr. Mann: School Superintendent, age 44, married, one daughter attending junior college,
Rotary Club member
You were appointed as superintendent last year after having served as high school principal for
five years. You and your wife are part-owners of a conference motel and restaurant located in
Vine City. You are concerned about planes flying over the high school and about increased
traffic on School Road. Several parents have asked you to speak out against the airport. So far
you have adopted a wait and see attitude.
Dr. Deluis: Pediatrician, age 38, unmarried, Councord County Republican Executive
Committee member
You have been Concord County’s only pediatrician since returning here four years ago. Your
father, recently retired after 20 years as tax commissioner, has told you that the airport will be a
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heavy burden on the county’s financial resources. But your friends in the business community
are counting on your support for the airport proposal.
________________________________________________________________________
Mr./Mrs. Allen: Insurance Salesperson, age 37, married, two children in elementary school
You are an insurance salesperson who has done very well in recent years by concentrating in the
area of property insurance. You are concerned about the effects that the airport would have on
property values, especially since your company insures the apartment complex across the road
from the proposed site. You own a $45,000 home near the site under consideration.
________________________________________________________________________
Mr./Mrs. Vittorio: Apartment Tenant, age 25 married, one child in elementary school
You are an accountant for a local business firm and have lived in Concord County for five years.
You represent a group of concerned residents from the apartment complex across the road from
the proposed site. You and your neighbors are worried about the potential dangers that might
exist from low flying planes. You also feel the airport’s construction would bring traffic
congestion to the area.
________________________________________________________________________
Dr. Nielson: Physician, age 38, married, three children in elementary school
You recently opened a practice in Vine City. Your home is just outside the city limits, about
three miles from the proposed airport. It would be convenient for you to have the air service
because you sometimes have to travel to medical facilities in Atlanta. You plan to go to the
hearing and speak in support of the proposal.
________________________________________________________________________
Mr./Mrs. Saunders: Realtor, age 52, married, one daughter in junior college
You are a Realtor whose financial success is more or less dependent upon the continuing growth
of Concord County. You moved here 10 years ago from Atlanta, having foreseen the suburban
migration as a result of the crowding and congestion around the metro area. You feel that the
airport would have a positive effect on property values. You are a homeowner and feel that other
homeowners should be happy to have an important transportation facility so conveniently
located.
_______________________________________________________________________
Mrs./Mr. Mann: Motel Manager, age 43, married, one daughter attending junior college
You are a civil leader in Vine City. You recently managed a very successful voter registration
drive in Concord County. You divide your time between managing the motel and engaging in
various community service projects. You feel the airport is probably needed, but you have not
decided pro or con.
Mr./Mrs. Mahler: Apartment Owner, age 51, three children in college, Chamber of
Commerce member
You live in and own the apartment complex across the road from the proposed airport site. You
object to its location so near to your complex. You believe that your property will be devalued
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and that your apartments might be less desirable to potential tenants. Last year you had attempted
and failed to purchase some of the property in question. You had hoped to expand your complex
across the road.
_______________________________________________________________________
Mr./Mrs. Ives: Land Owner, age 62, married, three children living in Concord County
You and your business associate, Mr./Mrs. Strauss, purchased the property in question fourteen
years ago when the area was almost all undeveloped. Although people have inquired several
times about buying the land for housing developments, you preferred to hold on to the land as its
value continued to climb. Recently you were contacted regarding the property’s availability for
the proposed airport. You and Mr./Mrs. Strauss would like to sell to the airport developers for a
good price.
________________________________________________________________________
Mr./Mrs. Strauss: Land Owner, age 57, married, two married children, Concord Board of
Education member
You and your family have lived in Berryville for over thirty years. You formerly owned a real
estate company and are now semi-retired. You have used your knowledge of real estate to help
the county schools obtain the best land for the money whenever property was needed on which to
construct new schools. Although you favor selling the property you own jointly with Mr./Mrs.
Ives, you are worried about the harmful effects the airport might have on the new high school
whose construction you strongly advocated.
________________________________________________________________________
Mr./Mrs. Caldwell: Mayor of Berryville, age 45, married, two daughters in high school
You and your spouse operate a hardware store in Berryville. Both of you are strongly opposed to
the airport. You know that Berryville residents would have their taxes sharply increased if the
county commissioners go ahead with the airport plan. Yet, few Berryville citizens would make a
half hour drive to the airport to take the short flight to Atlanta. A few years ago, you and your
spouse fought a losing battle against the closing of Berryville High School and the construction
of the new county high school on the other side of Vine City.
Mr./Mrs. Stanley: Manager of the Recreation Department, age 39, married, two children
in high school, Georgia Conservancy member
You have, over the last five years, developed the joint city and county recreation program into a
model that has been publicized throughout the state. Although, as a sports enthusiast, you like
the idea of a well-developed sports and recreation complex being construction Lake Concord,
you are concerned about the possible environmental damage that might result. Also, you are
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annoyed that the businessmen who had asked your advice on the sports complex neglected to
inform you that the proposed airport would border on the recreation department’s playing fields
and swimming pool.
________________________________________________________________________
Reverend Bartlett: Minister, age 41, married, six children, Concord County Board of
Education member
You are concerned about the location of the airport adjacent to the site of your church. Several
members of your congregation have pointed out that planes would be flying in and out during
Sunday services. However, as a school board member, you are aware that the airport might
stimulate the county’s economy, thus bringing in needed school revenue. One of your daughters
attends the high school and is organizing student opposition to the airport.
________________________________________________________________________
Mr./Mrs. Weber: Campground Owner, age 29, unmarried, Concord County Democratic
Executive Committee member
You operate a campground on Lake Concord, two miles from the planned facilities to take
advantage of the recreation vehicle traffic on the nearby interstate highway. You are convinced
that it would be a mistake for the county to run an airport. You have studied the proposal and
have determined that in order to have an airport capable of handling regular commuter air
service, the county would have to spend so much money that taxes would be greatly increased.
You have decided to make this a political issue and plan to run in this year’s election for a seat
on the county commission.
_______________________________________________________________________
Mr./Mrs. Hines: Professional Planner, age 27, married, 1 son in elementary school, Junior
Chamber of Commerce member
You work for the Regional Development Commission and have been helping to develop a land
use plan for Concord and five other surrounding counties. You recently moved to the area and
have bought a home in Berryville. Your analysis of the situation has led you to conclude that
Concord County alone could not support the kind of airport proposed. At the meeting, you plan
to point out that federal government standards-- including requirements for radar if there is to be
regularly scheduled air service-- could not be met with relatively small amount of money being
suggested by the airport’s proponents. You want to urge Concord to join in a cooperative
venture with neighboring counties to construct a regional airport to serve a wider area.
Mr./Mrs. Jones: Chair of Planning Commission, age 36, divorced, no children
You are a civil engineer formerly employed by the Environmental Protection Agency as an
investigator of waste disposal sites in the Southeast. You now work for a surveying company
based in Vine City
_____________________________________________________________________
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Mr./Mrs. Sharp: PBS Television Reporter, age 22, unmarried
You are a new reporter for a local public broadcasting television station which produces a
weekly news program on local issues. Since the program has a “news magazine” slant, you will
be looking for a “human interest” side to your report.
_______________________________________________________________________
Mr./Mrs. Seeker: Television News Reporter, age 30, married, 1 child
You are the political reporter for the Vine City television station. Since this meeting will be only
one item in a half hour evening news program, you want to get a concise report that will fit into a
brief time slot.
_______________________________________________________________________
Mr./Ms. Quizzly: Newspaper Reporter, age 25, unmarried
You are a reporter for the Vine City Herald, a daily newspaper. Since this is an event which has
excited much local interest, you editor wants you to prepare a full page of articles and boxed
features relating to the airport. You need to collect as much information on all aspects of the
issue as possible.
________________________________________________________________________
Mr./Mrs. Megahertz: Radio Reporter, age 32, married, 2 children
You are looking for news which will fit into a short time slot in the local news spots that repeat
throughout the day. You are also a freelance writer, looking for material on controversy for an
article to submit to a statewide feature magazine.
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SIM CITY 2000
Sim City 2000 can be used by the entire class, or by the advanced students while the others are
using the original Sim City.
Sim City has many more layers of complexity and features than the original Sim City. To get a
small city started you need:
 A place for the Sims to live: Residential zones
 A place for Sims to work: Industrial zones
 A place for Sims to shop and conduct business: Commercial zones
 A source of power: Power Plant
 A way to get the power from the power plant to the zones: Power lines
 A way for Sims to travel between work, home or shops: Roads
Once your city has begun to grow, you can add:








More zones with different density levels
Multiple above and below ground means of transportation
A complete water system
Custom landscaping
Airports and seaports
Police and fire stations
Educational and recreational facilities
Much more!
Other Features:
Windows Menu:
 Map: Opens the Map window for various displays of your entire city
 Budget: Opens your budget window so you can change your city’s finances. The Budget
includes: Property Taxes, City Ordinances, Bond Payments, Police Department, Fire
Department, Health and Welfare, Education, and Transit Authority.
 Ordinances: Opens the Ordinance window for setting and inspecting various city bonds, bills
and ordinances.
 Population: Opens the Population window to see a demographic breakdown of the Sims in
your city.
 Industry: Opens the Industry window to see the different types of industries currently
operating in your city, and to set individual tax rates for different industries. City Industries
include Steel and Mining, Textiles, Petrochemical, Food, Construction, Automotive,
Aerospace, Finance, Media, Electronics, and Tourism
 Graphs: Opens the Graphs window to see graphical displays of city data and statistics over
time.
 Neighbors: Opens the Neighbors window to see how you compare with your surrounding
neighbor cities.
Cities do not live in a vacuum. Their growth and decline are affected by surrounding cities.
113
These surrounding cities are both a market for selling your manufactured goods and competitors,
vying for population and businesses. You will be the Mayor of the City. In your role as mayor,
you are directly responsible for:
 Planning: Zoning, long and short range strategies
 City infrastructure: Water, power, transportation
 Government services: Fire, police, hospitals, and prisons
 Education: Schools, colleges, libraries, museums
 Recreation and open spaces: Parks, zoos, stadiums, marinas
 City budget and taxes
 Major and minor land manipulation
 The health, wealth and happiness of the constituents in your city.
Options Menu: This menu controls a number of simulation and sound options so you can tailor
the game to your style of play. Options that are active have a check mark next to them.
 Auto-budget: When selected, Auto-budget stops the budget window from opening at the end
of each year, and automatically repeats the previous budget.
 Auto-Goto: When active, Auto-Goto automatically centers the City window over an
important occurrence, such as a disaster. When inactive you will still receive messages to
notify you of important goings on in your city.
 Sound Effects: Toggles sound effects on and off. The audio quality of the sound effects will
vary greatly depending on the sound capabilities of your computer.
 Toggles the music soundtrack on and off. The audio quality of the music will vary greatly
depending on the sound capabilities of your computer.
Disaster Menu: This menu lets you activate various disasters, or disable them entirely.
 Fire
 Flood
 Air Crash
 Tornado
 Earthquake
 Monster
 No Disasters: Prevents disasters from occurring. No Disasters will not prevent the “official”
scenario disasters, or stop disasters already in progress. No Disasters also prevents the City
Council from noting in ordinances without your approval.
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LOCAL GOVERNMENT SCAVENGER HUNT
_____________________________1. Center of government activity in a county
_____________________________2. Supplementary powers of counties include (give
example).
_____________________________3. One of Georgia's MSAs
_____________________________4. Growth region in Georgia in 1990s
_____________________________5. Current population in Georgia
_____________________________6. Limits the number of counties in Georgia
_____________________________7. Must be chartered by state legislature to exist, but
requested by residents
_____________________________8. Set up by county or city to provide a "special
service," often called an "authority"
_____________________________9.
____________________________10.
____________________________11.
____________________________12.
____________________________13.
____________________________14.
____________________________15.
____________________________16.
____________________________17.
Serves as an "arm of the state"
Number of school districts in Georgia
Number of cities in Georgia
Number of counties in Georgia
The year Clayton County was established
A county with a population less than 5000
A county with a population less than 50,000
Governing body of a county
Legislative body of a county
____________________________18. Non-governmental business that delivers a
governmental service
____________________________19. Name of tax rate associated with property tax
____________________________20. Age, length of term, and salary of commissioners
in Georgia
____________________________21. Executive body in a county
____________________________22. Laws passed by commissioners establishing
county policy
____________________________23. Training required by state for newly elected
commissioners since 1990
____________________________24. Reduction in property tax valuation for taxpayer
who owns and lives on property
____________________________25. Chief law enforcement official of a county
____________________________26. Elected official who receives tax returns and
collects taxes
____________________________27. Elected official who supervises state and county
elections unless special board is empowered
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____________________________28. Form of city government where the mayor has
major executive power to make appointments,
prepare budget, etc.
____________________________29. Form of city government where the council decides
city policies and enacts legislation while a hired
professional carries out laws
____________________________30. Physical framework of a government includes
roads, sewer systems, bridges
____________________________31. To combine two or more local government units
into a single unit
____________________________32. The largest expenditures in local government
____________________________33. Source of borrowing money by local governments
to finance special projects; two forms--revenue
and general obligations
____________________________34. Smallest source of revenue in a county
____________________________35. Largest source of revenue in a county
____________________________36. An area designated for a certain type of use such
as residential, industrial, etc.
____________________________37. An industry that provides an essential service
needed by a majority of people such as electric
power or gas
116
PRIVATIZATION
PRIVATIZATION: the return of production of goods or provision of services from the public
sector to the private; or simply a governmental decision to allow private companies to perform
governmental functions.
TYPES OF PRIVATIZATION
1. Government contracts with a private company to perform a service formerly provided
directly by government with public taxes used to pay the private contractor.
2. Government contracts with a private company to perform a service formerly provided
directly by government, with the private contractor allowed to collect user fees from
each citizen using the service. Generally there is some type of governmental oversight
of the amount of the fee.
3. Government provides vouchers so that services formerly provided or subsidized by
government can be obtained from various private suppliers.
4. Government totally transfers or sells a public enterprise or service to a private company.
COMMON EXAMPLES OF PRIVATIZED SERVICES
water treatment
wastewater treatment
solid waste resource recovery
transportation
parking facilities
public works
street cleaning
janitorial service
traffic signal maintenance
tree pruning
garbage collection
lawn care
vehicle maintenance
street repairs
park concessions
stadium concessions
highway construction
building construction
legal assistance
computer system design
hospitals
golf courses
work release center
correctional facilities
overdue bill and debt collection
utilities
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ARGUMENTS FOR PRIVATIZATION
1.
2.
3.
4.
5.
6.
7.
8.
9.
Government revenue is insufficient to meet all the demands for services.
The private sector often can provide a service at a much lower cost than government
because of:
a. Greater efficiency and productivity,
b. Tax benefits (e.g., investment tax credit and depreciation) not available to
government agencies,
c. Private companies do not have to follow the many laws and regulations (e.g.,
conflict of interest, competitive bidding, merit system, etc.) that government
agencies must follow.
Privatization allows government to transfer risks to the private sector.
The private sector responds more quickly to changes in wants and needs than
government.
Privatization allows competition which is not possible when government has a
monopoly.
The quality of service often improves when performed by the private sector.
Privatization frees government from recruiting and hiring workers and directly
managing the service while still allowing the government to retain ultimate control
through its contractual arrangement with the private company.
Privatization often turns services which ran an annual deficit into revenue producers for
a government.
Government has assumed too large a role in society, often assuming non-traditional
functions and services (e.g., operating liquor stores and public cafeterias) that more
properly belong in the private sector. Thus, privatization restores the proper role for
government.
ARGUMENTS AGAINST PRIVATIZATION
1. Even though employees of a public service are guaranteed work with the private
company taking over the service, there may not be a guarantee that an employee will retain
his position or salary.
2. Salaries, holidays, annual leave, insurance, retirement, and other benefits generally are
reduced or eliminated under privatization.
3. Corruption can occur in the bidding process with contracts awarded for political
reasons, personal gain, or administrative expediency.
4. Privatization often amounts to a private monopoly instead of a public one.
5. Profit is incompatible with provision of some types of services (e.g., providing hospital
care to indigent patients at a for-profit private hospital).
6. Private companies are less accountable to the public.
7. Privatization often will be politically unacceptable.
8. Tax reforms will make privatization increasingly more expensive.
9. Under privatization, costs to citizens can increase where user fees are instituted.
Carl Vinson Institute of Government
University of Georgia
118
PAYING THE COST OF PUBLIC SERVICES
INSTRUCTIONS:
Indicate how you feel the following public services should be paid for. Should public taxes be
used completely? Should each citizen pay a fee each time a service is used to pay the cost?
Should a combination of taxes and user fees be used? Or, should the services be “privatized”-that is, turned over to a private company to be operated for a profit?
Service
Funded
Completely
With Taxes
Funded
Funded
Completely
With Both
With User Fees User and
Taxes
Fire Protection
Police Protection
Garbage Collection
Water and Sewer
Landfill
Highways
Bridges
Museum
Public Schools
Colleges
Courts
Elections
Parks/Swimming Pools
Prisons and Jails
Hospitals
119
Privatized
120
121
UNIT VIII: CRIMES AND DEFENSES
TEXTBOOKS:
Street Law: Chapter 2: Criminal Law and Juvenile Justice, pages 51-93
An Introduction to Law in Georgia: Chapter 15: Crime and the System,
pages 198-208
ACADEMIC OUTCOME:
TLW: Be able to cite rights and responsibilities of a citizen in a democratic society
(A0 8)
TLW: Cite rights and responsibilities of a citizen in a democratic society (A0 9)
ESSENTIAL QUESTIONS:
1. Why do people commit crimes?
2. What effects do criminal acts have on the intended victims?
3. What types of crimes do people commit?
4. What defenses do alleged perpetrators of criminal activity use in preparing
their defense?
PURPOSE:
1. The learner will discuss the conflict between individual/group rights and
absolute/limited freedoms. (QCC: SS.11-12.38)
2. The learner will be able to investigate the relationship between the citizen and the
law. (GHSGT, Academic Outcomes)
3. The learner will be able to analyze the basic beliefs and values of the American
judicial system. (Academic Outcomes)
4. The learner will be able to examine the role of the citizen. (GHSGT, Academic
Outcomes)
CONTENT: Time Frame: Two Weeks
A. The Nature and Causes of Crime
B. Victims of Crime
C. Classifications of Crimes
1. Types of Crimes
2. Parties to a Crime
3. Crimes of Omission
4. Preliminary Crimes
5. Crimes Against the Person
6. Crimes Against Property
7. Substance Abuse
8. Defenses
STRATEGIES:
1. Reading:
2. Activity:
3. Activity:
4. Activity:
5. Activity:
6. Activity:
“A Girl is Murdered: Thirty-Eight People Watch”
“What’s the Crime?”
“Name That Crime!”
“Age Laws in Georgia”
“No Vehicles in the Park”
“Southside School Rules”
PRODUCT:
122
1. Teacher-made worksheets, quizzes, and tests
2. Writing assignments
LEARNING STYLES:
1. Auditory, visual, and kinesthetic learning styles are addressed in strategies.
123
A GIRL IS MURDERED:
THIRTY-EIGHT PEOPLE WATCHED
DATE:
TIME:
PLACE:
March 13, 1964
About 3:20 a.m.
Queens, a part of New York City
Catherine Genovese, age 28, was coming home from work. She parked her car about 100
feet from her apartment house. A man stood near the parking lot. Catherine was afraid. She
walked toward a police call box. The man came up behind Catherine. He raised a knife and
stabbed her. Catherine screamed, “Oh, my God, he stabbed me! Please help me! Please help
me!”
A man threw open a window in an apartment house across the street. He called out, “Let
that girl alone!”
Other windows were raised. The man who stabbed Catherine got into his car and drove
away. Then the windows were closed.
The man returned. He stabbed Catherine once more. Catherine cried out in agony. “I’m
dying. Please, I’m dying.”
Windows were opened. The man got into his car and drove away. Again the windows
were closed.
Catherine staggered to the back of an apartment building. A few minutes later, the
man returned. He found Catherine lying at the foot of the stairs. He stabbed her a third time and
killed her.
At about ten minutes to four that morning, the police got their first call from a man who
had seen the murder. The police arrived in two minutes. It was hard for them to believe what
had happened.
For more than thirty minutes thirty-eight people had watched a woman being slowly
murdered. Not one of the thirty-eight people tried to help Miss Genovese. Not one of the thirtyeight people even picked up the phone to call the police while she was alive.
Because the killer had three chances to finish the job of murder, Catherine died. If the
police had been called after the first attack, Catherine might still be alive now.
Reporters asked the thirty-eight people why they hadn’t helped Catherine. What did they
say?
“We were afraid to call the police,” said one man and his wife.
“I don’t know,” a woman said.
“I didn’t want to get involved,” said another.
124
“Leave me alone,” said still another.
At 4:25 a.m., an ambulance came for the body.
The police came outside. Then the ambulance left. The watchers went back upstairs.
The story appeared in the newspapers. Readers could not believe what had happened.
They asked, “Why didn’t one of the thirty-eight people lift a phone to help a dying girl? Why
did they close their windows?”
Many people tried to explain. Here are two explanations:
George Serban, a psychiatrist, said: “People do nothing because they feel city life is
unjust. They feel they will get hurt if they act. They feel that whatever they do, they will be the
ones to suffer.”
A.M. Rosenthal, the New York Times editor, who wrote a book about the murder said:
“Everyone hunted for someone to blame. To my amazement, many people blamed the police,
but I began to believe that the target for blame was in our own mirrors.”
What do you think?
Who is to blame?
What would you have done if you had been one of the witnesses?
Before deciding, answer these questions:
1. One doctor said about this murder: “It makes us ask whether the city is a community
or a jungle.” What does he mean?
2. What does the editor mean by saying: “The target for blame was in our own mirrors?”
3. Why did the thirty-eight people do nothing? How can “doing nothing” have as great
effect as “doing something”?
125
WHAT’S THE CRIME?
___________________________1. Big Jim backed Midget Tom into a corner. Jim tells
Tom he is going to punch his lights out if Tom does not agree to what he says.
___________________________2. Susie and Mary toss a coin to decide who will pay for their
hot fudge sundaes.
___________________________3. Goldie Locks opened the door and crept into the house
wanting something to eat. She ate the Baby Bear’s porridge and fell asleep in his bed.
___________________________4. Joel, age 17, and Jennifer, age 15, had sexual intercourse in
Joel’s brother’s car.
___________________________5. Nelson was speeding. Lisa, age 3, dashed into the street
between two parked cars. She ran into the path of Nelson’s car. Before he could stop, Nelson hit
and killed Lisa.
___________________________6. Elizabeth was visiting her aunt and uncle. She needed some
money very badly to pay a debt so she took if from her aunt’s pocketbook. “It’s all right because
she is a relative, she will understand,” Elizabeth said to herself.
___________________________7. Josh is in a hurry so he leaves his bike across the sidewalk
leading to the house. Later that evening his mother’s friend falls over it, breaking her arm.
___________________________8. While Dede and Marsha are shopping, Dede crosses out the
$100 price on a dress putting down $35. Marsha watches her do this. Dede buys the dress for
$35 and then worries about what her mother will say if she sees the dress. Marsha says she will
be glad to take the dress for $35 and does.
___________________________9. Al has bought a trio of cassettes that David likes very much.
Al says he will record them for David for a dollar each plus the blank cassettes.
__________________________10. Their team, the Mustangs, won the big football game. Mike
and his gang get some spray paint and proudly paint pictures of mustangs on the school walls.
__________________________11. The employment form asks if the applicant has ever been
found guilty of a crime. Donna, age 25, had been caught shoplifting when she was fifteen. She
has stayed out of trouble ever since. She writes down no.
__________________________12. Paul is in a bad mood. When the neighbor’s dog runs up to
greet him, he kicks her away. The kick cracks some of her ribs.
__________________________13. Jeff is fed up with life at home and runs away.
__________________________14. Dana wants to protect her friend Carrie. When the attorney
asks her on the witness stand if Lucy was with her when the crime occurred at 7:00 p.m., she
says yes, even though she is not sure. It may have been earlier.
126
__________________________15. Connie is very angry at Claudia. Claudia has been calling
her names all day long. Finally, in science class she throws a rock specimen at her , hitting her
in the head.
__________________________16. Bryan took out the rifle he had received for his sixteenth
birthday. He could hardly wait to try it. He went out into the yard and tried a few shots.
__________________________17. Cary, age 15, and four of his classmates go out in the family
boat with a case of beer. They are having a great time racing and weaving in and around other
boats.
__________________________18. Ken and Tom played baseball in the yard even though
Ken’s parents have said not to do so. They accidentally hit the ball through the neighbor’s
window.
__________________________19. Cassie knows she will be in all sorts of trouble at home for
getting a ticket for speeding, so she offers the police officer some money not to write the ticket.
He says no.
__________________________20. Steve and Paul decide to camp in Mr. Smith’s woods. He
is not home to ask but they do not think he will mind. They won’t do any damage.
Adapted from Street Law: Juvenile Alternative Program Handbook, National Institute for
Citizen Education in the Law, 1985.
127
NAME THAT CRIME!
DIRECTIONS: Read the story below and underline all of the crimes that Fast Eddie and Weird
Jason committed.
Fast Eddie and Weird Jason plan to hold up the Seventh National Bank. Although they
are desperate for money to pay off their debts, they decide to take precautions to avoid injuring
anyone. Weird Jason equips himself with a high-powered squirt gun. He plans to keep the gun
in his coat so that the bank teller will be fearful because of its shape. Fast Eddie volunteers to
drive the getaway car, a 1979 yellow Ford. They carefully time the hold-up to arrive at the bank
at the time when few customers are present.
Just before their scheduled departure, Weird Jason gets a call from Lynn, a former
sweetheart, causing them to be slightly behind schedule. Fast Eddie tries to make up for lost
time by driving quickly and not wasting time stopping for red lights; unfortunately they hit a
woman in a cross-walk and decide not to stop and help her. The woman later dies.
When they reach the bank, Weird Jason notices that the gun has leaked badly all over his
coat. They consider calling off the plan but finally decide to go ahead. The actual theft goes
smoothly except that the teller sets off the burglar alarm as Weird Jason is running from the
bank.
Thinking quickly, Eddie and Jason abandon their car and slide behind the wheel of a
1992 Mercedes, whose owner has carelessly left the keys in the car. They drive to the outskirts
of town and quickly sell the car to Honest Harvey’s Used Car Sales for $1000.
With the money from the bank robbery, the money from the sale of the used car, and the
still-leaky squirt gun, they set off on foot for Lynn’s house. As they cross the street to her house,
a police officer stops them for jaywalking, discovers the money, and places then under arrest.
Adapted from Street Law: Juvenile Alternative Program Handbook, National Institute for
Citizen Education in the Law, 1985.
128
WHEN DO YOU BECOME AN “ADULT” IN GEORGIA?
CITIZENSHIP RIGHTS
Become a Georgia citizen
____________________________________
Register to vote
____________________________________
Vote
____________________________________
Pay state taxes
____________________________________
Obtain a social security card
____________________________________
Establish a legal residence from your parents____________________________________
Change your name
____________________________________
Serve on a jury
____________________________________
Sue in court
____________________________________
Testify as a witness in court
____________________________________
Make a will
____________________________________
Be elected to the General Assembly
____________________________________
Be elected Governor of Georgia
____________________________________
Be elected a U.S. Representative
____________________________________
Be elected a U.S. Senator
____________________________________
FAMILY MATTERS
Get married
Adopt a child
Have an abortion without notifying parents
(if unmarried and living with parents)
Choose which parent (if divorced) you want
to live with
EDUCATION
Attend state-supported pre-kindergarten
Attend public schools
Drop out of school
JUVENILE JUSTICE
Be sued in civil court for personal or
property damages to another person
Be charged with a state crime
Go to jail or prison
Be sent to “boot camp”
Be charged with juvenile delinquency or
unruliness
Be committed to a facility for delinquent or
unruly juveniles
____________________________________
____________________________________
____________________________________
____________________________________
____________________________________
____________________________________
____________________________________
____________________________________
____________________________________
____________________________________
____________________________________
____________________________________
____________________________________
WEAPONS AND HUNTING
Purchase a knife designed for offensive or ____________________________________
defensive purposes
Purchase brass knuckles
____________________________________
Own or possess a handgun
____________________________________
Obtain a license to carry a handgun in public ____________________________________
129
Carry a rifle or shotgun
Hunt with a weapon
Hunt or fish without a license
____________________________________
____________________________________
____________________________________
JOBS
Join the military
____________________________________
Work in a hazardous occupation
____________________________________
Work between the hours of 9 p.m. and
____________________________________
6:00 a.m.
Work in a retail store
____________________________________
Work in lawn or garden maintenance
____________________________________
business summer months
____________________________________
Serve alcoholic beverages in a bar or
____________________________________
restaurant
Be a clerk in a grocery store which sells beer ____________________________________
Be a barber or cosmetologist
____________________________________
Sell real estate
____________________________________
Be a dental hygienist
____________________________________
Be a certified public accountant
____________________________________
Be a licensed practical nurse
____________________________________
Be an architect
____________________________________
Work for a private security agency
____________________________________
Be a peace officer or firefighter
____________________________________
USE OF VEHICLES
Get a learner’s permit to drive a car
____________________________________
Get an unrestricted license to drive a car
____________________________________
Drive a large truck
____________________________________
Drive a motorcycle
____________________________________
Drive a moped
____________________________________
Drive an “off-road” vehicle
____________________________________
Ride in the uncovered bed of a pickup truck ____________________________________
on an interstate highway
Ride a bicycle on a public street
____________________________________
Ride a bicycle without a helmet
____________________________________
Ride as a passenger on a bicycle without
____________________________________
sitting in a bicycle seat
Operate a motor boat
____________________________________
Operate a jet ski
____________________________________
Be on a canoe or pedal boat in a state park ____________________________________
Be on a canoe without an adult in a state park
____________________________________
Obtain a student pilot’s license
____________________________________
(with permission to solo)
Obtain a full pilot’s license
____________________________________
FINANCIAL MATTERS
130
Open a bank account
Get a credit card
Take out a loan at the bank
Buy a car or other purchase on credit
Inherit money or property from a relative
Own real estate
Lease an apartment
____________________________________
____________________________________
____________________________________
____________________________________
____________________________________
____________________________________
____________________________________
“ADULT STUFF”
Buy or use cigarettes
Buy or use smokeless tobacco
Purchase beer or wine
Purchase a mixed drink
Drink alcoholic beverages at home
Enter a bar or lounge
Purchase a lottery ticket
Play bingo for money or prizes
Get a legal tattoo
See an “R-rated” movie
____________________________________
____________________________________
____________________________________
____________________________________
____________________________________
____________________________________
____________________________________
____________________________________
____________________________________
____________________________________
MISCELLANEOUS
Make a living will
____________________________________
Give blood
____________________________________
Authorize the transfer and use of body organs____________________________________
and parts in the event of death
Go camping overnight in a state park without____________________________________
parents
Use dynamite or explosives
____________________________________
Buy or use firecrackers
____________________________________
Visit the pediatric section of a hospital
____________________________________
Order a “child’s plate” in a restaurant
____________________________________
Pay adult fare to see a movie
____________________________________
Carl Vinson Institute of Government
University of Georgia
131
NO VEHICLES IN THE PARK
THE LAW:
The town of Beautifica has established a lovely park in the city. The city council wished to
preserve some elements of nature, undisturbed by city noise, traffic, pollution, and crowding. It
is a place where citizens can go and find grass, trees, flowers, and quiet. In addition, there are
playgrounds and picnic areas. At all entrances to the park the following sign has been posted:
“NO VEHICLES IN THE PARK”
THE PROBLEM:
The law seems clear but some disputes have arisen over the interpretation of the law (what it
means). Interpret the law in the following cases, keeping in mind the letter (what the law says)
as well as the intent (what lawmakers intended) of the law.
1. John Smith lives on one side of the town and works on the other side. He will save ten
minutes if he drives through the park.
2. There are many trash barrels in the park so that people may deposit all litter, thereby
keeping the park clean. The sanitation department wants to go in to collect the trash.
3. Two police cars are chasing a suspected bank robber. If one cuts through the park, he
can get in front of the suspect’s car and trap him between patrol cars.
4. An ambulance has a dying car accident victim in it and is racing to the hospital. The
shortest route is through the park.
5. Some of the children who visit the park want to ride their bicycles there.
6. Mrs. Thomas wants to take her baby to the park in his baby buggy.
7. A monument to the town’s citizens who died in the Vietnam War is being constructed.
A tank donated by the government is to be placed beside the monument.
8. Several of the town’s citizens have made a living for several years by driving people
around the scenic spots in the city in an old-fashioned horse and buggy. They want to
drive people through the park.
From Street Law: A Course in Practical Law, Teacher’s Manual, 3rd ed., by Lee B. Arbetman,
Edward T. McMahon, and Edward L. O’Brien (St. Paul, Minn.: West Publishing Co., 1980).
Used with permission
132
SOUTHSIDE SCHOOL RULES
The way in which a law is likely to be interpreted depends in large on its intent. This activity
can be used to help students develop an understanding of the relationship between the intent of a
law and the letter of the law.
Post the "school rules" below on the chalkboard and read each of the seven situations below,
allowing plenty of time for the class to discuss what punishment, if any, would be appropriate in
each case. Then ask students to hypothesize about the reasons for each of the rules.
This year Hillside School's Student Council established the following set of rules. The rules also
received approval from the faculty and school administration.
1. No smoking by students is permitted on school grounds.
2. The school campus should be kept clean and free from litter.
3. No cheating on tests and other school assignments is allowed.
4. No fighting is permitted on school grounds.
5. No loud talking or yelling in the halls while classes are in session.
6. Students should show respect to one another and to faculty members.
7. Students to get to class on time.
WHAT SHOULD HAPPEN TO THESE STUDENTS?
1. John is caught looking directly at Marvin's paper during a math test. All of John's
answers match Marvin's, even the incorrect ones.
2. Mary Beth is found smoking a cigarette in the girl's bathroom.
3. Matthew was noticed in the parking lot by a teacher. He was dropping his trash from
McDonald's on the ground.
4. Susie and Amy are found outside the Media Center arguing over Zach. Susie hits Amy
in the stomach and Amy fights back.
5. Lee comes to his government class late at least twice a week.
6. Gregory gets angry at his English teacher and starts calling her names.
7. Therese was very happy. She was coming to school late because she had a dental
checkup. She hurried into the school building loudly singing her favorite Jewel song.
UNIT IX: THE CRIMINAL JUSTICE PROCESS
133
TEXTBOOKS:
Government in America: Chapter 18: Law and the Legal Process
Street Law: Chapter 2: Criminal Law and Juvenile Justice, pages 93-138
An Introduction to Law in Georgia: Chapter 16: Arrest, Search and Seizure
An Introduction to Law in Georgia: Chapter 17: The Trial
An Introduction to Law in Georgia: Chapter 19: Consequences
ACADEMIC OUTCOME:
TLW: Be able to cite rights and responsibilities of a citizen in a democratic society
(A0 8)
TLW: Cite rights and responsibilities of a citizen in a democratic society (A0 9)
ESSENTIAL QUESTIONS:
1. What are the steps in the criminal justice process?
2. What constitutional rights does an individual accused of committing a crime have?
3. What is due process?
4. What are the steps in a trial or civil suit?
5. What are the different types of sentences a judge and/or jury can hand down on
a convicted criminal?
PURPOSE:
1. The learner will be able to investigate the relationship between the citizen and the
law. (GHGST, Academic Outcomes)
2. The learner will be able to examine the foundation of the U.S. judicial and legal
system. (Academic Outcomes)
3. The learner will be able to identify the structure, purpose, and processes of the
federal and state court systems. (Academic Outcomes)
4. The learner will be able to analyze the rights of the individual guaranteed in the
U.S. Constitution. (QCC: SS.11-12.35, Academic Outcomes)
5. The learner will be able to analyze the basic beliefs and values of the American
judicial system. (Academic Outcomes)
6. The learner will analyze the following Supreme Court cases and apply the
rulings to hypothetical situations: Marbury, Plessey, Brown, Gideon,
Escobedo, Miranda, Roe, and Mapp. (QCC: SS.11-12.36, Academic
Outcomes)
7. The learner will be able to examine the role of the citizen. (GHSGT, Academic
Outcomes)
8. The learner will be able to explain the basic principles of individual rights and
freedoms within the framework for the general welfare. (Academic Outcomes)
9. The learner will trace the origin of individual rights in European history (JudeoChristian traditions) and their transmission and application to U.S. history.
(QCC: SS.11-12.34)
10. The learner will discuss the conflict between individual/group rights and
absolute/limited freedoms. (QCC: SS.11-12.37)
CONTENT: Time Frame: Three Weeks (Additional time may be needed for mock trial)
A. Arrest
1. Arrest Warrant
2. Warrantless Arrest
134
B. Search and Seizure
1. Fourth Amendment
2. Exclusionary Rule
C. Interrogations and Confessions
1. Fifth Amendment
2. Miranda Warning
D. Proceedings Before a Trial
1. Booking
2. Initial Appearance
3. Bail and Pretrial Release
4. Preliminary Hearing
5. Grand Jury
6. Pleas and Felony Arraignment
7. Pretrial Motions
8. Plea Bargaining
E. Trial
1. Sixth Amendment
2. Courtroom Procedure
3. Rules of Evidence
F. Sentencing
1. Eighth Amendment
2. Types of Sentences
3. Theories of Sentencing
4. Capital Punishment
STRATEGIES:
1. Mock Trial Simulation
2. Grand Jury Simulation
3. Group Activity on Search and Seizure
4. Briefing a Supreme Court Case
5. Filmstrip with Street Law on Search and Seizure
6. PBS Video on “Search and Seizure”
7. Close Up Video: The Right to Privacy
8. Show video entitled “Gideon’s Trumpet”
9. Show video entitled “Twelve Angry Men”
10. Activity: “What Should You Do, Officer Jones?”
11. Activity: “Can You Make A Legal Search Without A Warrant?”
12. Activity: “Search and Seizure: When Isn’t A Warrant Necessary?”
13. Simulation: Arraignment/Bail-Bond Hearing
PRODUCT:
1. Teacher-made tests, quizzes, and worksheets
2. Rubrics for group work and simulations
3. Writing assignments
LEARNING STYLES:
1. Auditory, visual, and kinesthetic learning styles are addressed in strategies.
CAN YOU MAKE A LEGAL SEARCH WITHOUT A WARRANT?
135
You are a police officer. In the following situations you must decide whether you can make a
legal search and seizure. Also indicate if you must get a warrant.
For a legal search you must follow the rules below.
For a search warrant, you must show probable cause that the items you wish to find and seize are
connected with criminal activity. The items must be found in the place you say should be
searched.
To make a search without a warrant:
1. it must be incident to (related to) a lawful arrest, or
2. the illegal items must be in plain view (and you must be in a place you have
a right to be), or
3. you must need to take immediate action (hot pursuit or an emergency such as
a bomb threat, people screaming, etc.), or
4. if the search is to be of a car, it must have been stopped for a legal reason and
there must be reasonable suspicion of wrongdoing.
SITUATIONS
1. You stop an auto driver and ask for a registration slip and proof of insurance. The
driver opens the glove compartment to get the information. You see several unusual
rings and bracelets inside. They look like jewelry reported stolen by a local celebrity.
Can you seize these items?
2. You arrest Sally Q. for shoplifting. In searching her and the possessions she is
holding, you find she has stuffed a lot of valuable clothes into a bag from another store.
Was this a legal search?
3. After taking Sally Q. to the police station, you drive at once to her apartment, enter, and
find a lot of stolen clothing and jewelry. Is this search legal?
4. Paul is cruising the streets at a slow but lawful speed, observing all traffic rules. This
particular area has had a run of unsolved burglaries over the past few weeks. You pull
up in your police car and order him to stop. He does. You don’t like Paul’s looks so
you search his car. Is this legal?
5. You ask a suspect if you can search the trunk of the car. The suspect doesn’t say
anything. She gives you the key. Can you legally search the car?
6. You have been alerted that drugs might be being brought in by passengers from
Houston, Texas. You bring Lucky, your drug-sniffing dog, to sniff the luggage just
unloaded from a plane from Houston. Lucky “points” to an old brown suitcase. Can
136
you search it without a warrant?
7. You have been alerted that drugs might be arriving with passengers on a plane from
Houston, Texas. On one of the suitcases, you see the name of a man you arrested ten
years ago. Can you search it without a warrant?
8. A police officer arrests a suspect outside a bar. The officer asks if the police can
search the suspect’s apartment. The suspect, thinking that he must give permission,
says “yes.” Will the search be legal?
9. Sylvester’s car stalls at an intersection. You come over to assist him and notice a
small bag of what appears to be cocaine on the seat. You arrest Sylvester and search
him and the vehicle, including the locked glove compartment. Was the search legal?
10. Silas is weaving merrily down the street, traffic laws and street signs the last thing on
his mind, when he runs a red light. You stop him and find he is DUI. Can he or his
car lawfully be searched?
11. Joe is 16. You ask Joe’s father if you can search Joe’s car. It is parked in the father’s
driveway. The father says “yes.”
12. You are in an airplane. In the middle of Mr. Purple’s farm, surrounded by trees, you
see a filed of marijuana. Was this a legal search and can you seize the marijuana?
13. Judy lets you into the apartment she shares with Dora. Dora is not there. You suspect
Dora of dealing and want to search her bedroom--separate from Judy’s. Judy says go
ahead. Can you make a legal search?
137
WHAT SHOULD YOU DO, OFFICER JONES?
1. Donald and Tim, both 16, are found by Officer Jones trying to get into a school room
about an hour after school hours. They are trying to force the lock. They say that Tim
left his homework in the room. They have a paper bag with a can of spray paint, a
brush, and some screwdrivers. Tim says they are going to take these to Donald’s house
to paint a sign. Donald says “bike” at the same time Tim says “sign.” What should
Officer Jones do?
2. Kevin and his friend Bill, both 16, are seen by Officer Jones running along the road
about 1 a.m. Officer Jones has just passed several houses whose lawns have been
rolled with toilet paper. He stops the boys. The boys deny rolling laws and there is no
evidence that they have done so. Kevin says he was spending the night with Bill and
they got restless and decided to take a walk. Bill lives several blocks away. What
should Officer Jones do?
3. Ben comes to Mr. Winthrop’s door and offers to sell him a new VCR for $20. Mr.
Winthrop suspects Ben of trying to sell stolen goods. He phones the police. Officer
Jones locates Ben a block away, still with the VCR. Ben says that his uncle gave it to
him and said he could sell it. Officer Jones thinks this is a weak story. What should
the officer do?
4. Police Officer Jones sees Carol, age 15, at the bus stop with a suitcase. When Carol
sees the police officer, she tries to hide. The officer, suspecting she is running away,
approaches her. Carol says that her name is Joan Brent, that she is 18, and that she
lives in the town that she is headed for. She gives no proof of identity and her ticket is
not a round trip return. What should Officer Jones do?
5. Officer Jones and his partner stop the car that has been speeding down the highway at
about 80 mph. There are five teenagers in the car, the oldest 17. There are two cases
of beer in the car--none opened. There is no sign that anyone has been drinking.
However, the teenagers are very uncooperative and abusive. One says, “We’ve bought
that for my parents, Mr. Pig, so there.” What should the officers do?
138
SEARCH AND SEIZURE:
WHEN ISN’T A WARRANT NECESSARY?
1. Willie Robinson, Jr., was arrested for driving his car after his driver’s license had been
revoked. Following the arrest, Robinson was completely searched and a package
containing heroin was found in an inside coat pocket. Robinson was also charged with
possession of drugs. Was the search legal without a warrant? Explain.
2. Harriet Burr has spent the last few weeks in Europe and her plane had just landed at
JFK Airport in New York. Her luggage was searched in Customs and nothing was
found. Then the Customs Inspector examined her ski poles. She was arrested for
possession of drugs. Was the search legal without a warrant? Explain.
3. Officer Michael Brand was on patrol one afternoon when he spotted an escaped convict
coming out of a telephone booth. Officer Brand chased the felon, tackled him, and
placed him under arrest. After arresting and handcuffing him, Officer Brand searched
the man’s clothes and found a gun in the man’s jacket. Was the search legal without a
warrant. Explain.
4. Adam Smith was at home when two police officers rang his door bell and identified
themselves. They said they wanted to speak to him. Smith let them in and asked what
they wanted. They said they had information that stolen jewelry and furs were hidden
in the apartment. They asked permission to search the apartment, Smith said, “Okay,
go ahead, look all you want.” They conducted their search and found some furs and
jewelry. Smith said they belonged to his wife. The police, nevertheless, arrested
Smith for possession of stolen merchandise. Was the search legal without a warrant?
Explain.
5. Police brought Daniel Murphy to the police station for questioning after his wife had
been found dead. The police suspected Murphy of killing his wife and they wanted to
scrape underneath his fingernails. Mrs. Murphy had been strangled and the police
thought that the person who did it would probably have small pieces of skin under the
fingernails. Although Murphy had come to the station voluntarily, he refused to allow
the scraping of his nails. Police scraped his nails anyway. They found traces of skin,
blood, and strands of the fabric from Mrs. Murphy’s nightgown. Murphy was arrested
for murder. Was the search legal without a warrant? Explain.
6. Police chased a man who has just held up a bank with a gun into an apartment building
and up to the third floor. The robber entered an apartment and shut the door. The
police forced their way into the apartment and arrested the robber. Was the search
(entering the apartment) legal without a warrant? Explain.
7. A police officer on patrol passed by a parked car. As he passed by, he looked into the
car through the closed window and saw a shotgun on the back seat. At this point, the
owner of the car returned and was asked if he had a license for the gun. When he said
he did not, he was arrested. Was the search (looking into the car) legal without a
warrant? Explain.
8. Officer McFadden, a Cleveland plainclothes detective, became suspicious of two men
139
who were standing on a street corner in the downtown area at about 2:30 in the
afternoon. One of the suspects walked up the street, peered into a store, walked on,
started back, looked into the same store, and then rejoined his companion. The other
suspect repeated this behavior, and between them the two men went through this
performance about a dozen times. They also talked to a third man and then followed
him up the street about ten minutes after he left. The officer thinking that the suspects
were “casing” the store for a stickup and might be armed, followed and confronted the
three men as they were talking again. He identified himself and asked the suspects for
their names. When the men did not respond, the officer spun one of them around,
patted his breast pocket., and felt a pistol which he removed. The man was arrested
and charged with carrying a concealed weapon. Was the search legal without a
warrant? Explain.
140
ARRAIGNMENT/BAIL-BOND HEARING
The teacher should set up a small court setting in the front of the room. Use the teacher’s desk as
the bench. Use student desks in front of the bench as prosecution and defense counsel tables.
Prepare case scenarios on cards providing information that will be used in the hearing. These
scenarios may be based on actual local cases or invented. Several samples are provided in these
materials.
Assign the following roles:
MARSHAL
JUDGE
PROSECUTING ATTORNEY
DEFENDANT
DEFENSE ATTORNEY
After explaining how the arraignment procedure will be conducted and having the students elect
their cases, allow the class five minutes to prepare their roles. Students should refer to the
factors to be considered by the judge. The first time through a hearing will probably take twice
as long as succeeding attempts. Students will learn from previous groups’ mistakes and improve
each time.
Each hearing should take ten minutes with five minutes allowed for debriefing afterwards. The
activity should follow the format below.
MARSHAL:
(Announce the judge, inserting the school and judge’s name in the
blanks)
“All rise. The Superior Court of _________________________
School is now in session, the Honorable Judge ________________
presiding.
JUDGE:
(Call the court to order by striking the gavel three times and saying-)
“This court will come to order.”
(If the observers do not sit immediately, tell them--)
“You may be seated.”
(Turn to the Prosecuting Attorney and say--)
“What is the charge in this case?”
PROSECUTOR:
(Rise to address the judge)
“Your Honor, the defendant, ___(name the defendant)__, has
been charged with __(name the charge__) under the criminal code of
the State of Georgia.”
(Be seated)
JUDGE:
(Turn to the Defense Attorney and say--)
“Do you waive the readings?”
DEFENSE:
(Stand to address the judge)
“Yes, your
141
Honor.”
JUDGE:
(Turn to the defendant)
“How do you plead?”
DEFENDANT:
(Rise to address the judge)
“Your Honor, I plead NOT GUILTY.”
(Be seated)
JUDGE:
(At this point, you may consider the charge so severe that you are
not inclined to consider bail. If this is not the case, you can omit the
next statement. If this is the case, say--)
“Due to the severity of the crime, I will not establish bail in this
case.”
(Whether or not the above statement is omitted, you must say the
following--)
“Does the defense counsel require a bail hearing?”
DEFENSE:
(Still standing)
“Yes, your Honor.”
JUDGE:
“State the reasons for the bail request.”
DEFENSE:
(Based on the information in your case scenario, state why you want
bail for the defendant. If the judge has stated a reluctance to
establish bail in this case, argue why bail should be considered.
Use your knowledge of the U.S. Constitution and of the
defendant’s case history to argue that your client be released on his
own recognizance or at a low bail. Try to make your argument in
short, clear sentences not lasting more than one minute.)
JUDGE:
(You may ask the Defense Attorney questions related to the
statements made above or you may proceed to address the
Prosecuting Attorney--)
“Does the state have a response to the defense counsel’s request?”
DEFENSE:
(Sit when this question is asked)
PROSECUTOR:
(Stand to address the judge)
“Yes, your Honor.”
(Based on the information on your case scenario, state why you
want bail to be denied to the defendant. If the judge has stated a
reluctance to establish bail in this case, support his concern about the
severity of the case. Issues to emphasize are:
142
1. Defendant’s dangerousness to the community
2. Possibility of the defendant’s escape
3. Possibility of the defendant’s commission of other crimes
4. Possibility of the defendant’s intimidation of witness(es)
You are present to represent the public’s interest which includes
safety for their persons and property. Use your knowledge of the
U.S. Constitution and of the defendant’s case history to support
your argument for no bail or high bail. Try to make your
argument in short, clear sentences not lasting more than one
minute.)
JUDGE:
(You may ask the Prosecuting Attorney questions related to the
statements made above)
(Consider the merit of the arguments made and reach a decision
about whether or not to grant bail. If bail is to be granted, make a
decision as to personal recognizance or the amount of bail using
reasonable judgment. Having completed the hearing and reached a
decision, ask the defendant and counsel to stand and announce your
decision as follows--)
“Counselors, it is the decision of this court to __grant OR deny__
bail in this case.”
(State the reason(s) for your decision. If bail is granted, state the
amount or conditions of the bail. then proceed--)
“Marshal, please remove the defendant.”
MARSHAL:
(Escort the defendant from the courtroom)
After the hearing the class should conduct a debriefing, offering constructive comments about
the performance of the participants and examining the reasons for the attorneys’ arguments and
the judge’s decision.
143
VOIR DIRE CASE NUMBER 1: RAPE OF NUN
Defendant’s Description:
Max Lindeman, age 23
White Male
Charged with rape, sodomy, assault, burglary, and robbery
at 10:30 a.m. on October 10th at Sisters of Charity, Our
Lady of Mt. Carmel Convent, 889 Peachtree Street, NW
Residence: 18 Hopkins Homes
VOIR DIRE CASE NUMBER 2: DRUG POSSESSION CASE
Defendant’s Description:
Felix Rilos, age 23
White Male with long hair and beard
Charged with possession of twelve pounds of marijuana
(street value of $25,000) along with two other men
Residence and site of arrest:: 1789 Norman Drive, down the
street from North Clayton High School; the house was
owned by one of the other men charged with this offense,
Peter Stevens, age 36.
144
GRAND JURY SIMULATION
Present background information on the grand jury such as its purpose, its size, its organization,
how it functions, the difference between an indictment, a presentment or accusation, and an
information.
Hand out and assign the parts of the District Attorney, Nick Crayson, Hilary Evans, and Mrs.
Fletcher (Copy attached).
Instruct the grand jury to select one of its members to act as the foreperson. The foreperson will
then select a secretary.
Have the District Attorney present to the grand jury copies of the indictment and explain the
charges against the defendant (Copy attached).
Have the District Attorney call his witnesses, one by one, to the stand for questioning. The grand
jury members may question each witness after the District Attorney is finished.
Once the District Attorney has presented enough evidence to show that a crime was committed
and that the defendant could have committed the crime, the grand jury then deliberates and votes
on whether or not to hand down a true bill of indictment.
Once the simulation is completed, debrief with the class.
145
THE CRIME
FACTS:
Lucy Shelton met Frank Crayson in 1967 when she was a sophomore in college and he was a
senior. They married a year later. Frank joined a CPA firm and Lucy dropped out of school.
They had one child, Nick, in 1970. Frank divorced Lucy in 1980. Between 1980 and 1990 Lucy
and Frank took each other to court seven times, fighting about child support, custody, visitation,
property division, and alimony. Late in 1990 they moved back in together. Shortly after the first
of the year, Lucy waited up late one night for Frank to get home and she shot him to death. He
had been at a motel with his secretary. Lucy claims he has beaten her for months and that he
threatened to kill her that night if she didn’t have a decent supper waiting for him.
NICK CRAYSON
I moved out when I was eighteen and have seen very little of my parents since they moved back
in together.
Mom has never worked. May father and grandfather have always supported her. My
grandfather died last year. I think my mother got about $50,000.00 from a life insurance policy
and about that much from Granddad’s estate. I never saw anything but that’s what she told me.
Mom and Dad fought a lot during the last couple of years they were married. I remember that,
but just yelling. I never saw any violence.
HILARY EVANS
I was Mr. Crayson’s secretary for eight months and his lover for six. We were fairly discreet,
but I would imagine several people knew about the affair.
Frank moved back in with the witch because a lawyer he works with said that would stop the
alimony. He’d been paying her $750.00 a month, but he’d gotten behind again and she was
going to take him back to court. He was going to leave her after the holidays.
DETECTIVE HANK PETERSON
The suspect called 911 herself. She signed a confession. Now her lawyer wants her to recant.
What she told the officer at the scene was that he’s been beating her and she was afraid of him.
One of the bailiffs overheard her telling her lawyer at arraignment that “that SOB deserved
everything he got. The only thing I wasn’t thinking clearly about was whether or not I could get
away with it.”
She’s one bitter lady.
MRS. FLETCHER
I’ve lived next door to Lucille for two years now.
She was dating one young man when I moved in here but he rarely spent the night and the
romance ended long before Mr. Crayson moved back in here.
She’d told me once she had had plenty of money when she was getting child support and
alimony, but since Nickie turned eighteen she wasn’t getting enough money to live on. I think
she was about to lose her house. There’s been a FOR SALE sign up for about a week now, but I
don’t know anything about that.
I heard them arguing once, actually yelling, but other than that they’ve always seemed happy
together. Poor thing, I don’t think she’d ever gotten over him. Poor dear never remarried, you
know. I wish I could do something for her.
146
147
STATE OF GEORGIA, COUNTY OF FULTON.
IN THE SUPERIOR COURT OF SAID COUNTY.
THE GRAND JURORS selected, chosen and sworn for the County of Fulton to-wit:
in the name and behalf of citizens of Georgia, charge and accuse
LUCY SHELTON
with the offense of: MURDER
for that said acused, in the County of Fulton and State of Georgia, on the
14th
day of
February
, 19
did unlawfully and with malice aforethought, cause the death of Fran Crayson, a
human being, by shooting him with a pistol; -
contrary to the laws of said State, the good order, peace and didnity thereof .
District Attorney
Special Presentment
LEWIS R. SLATON,
148
91
149
STEPS IN A TRIAL/CIVIL SUIT
The following is the basic sequence in the process of a trial or a civil suit.
1. Judge enters and takes the Bench
2. Clerk calls the case
3. Prosecution/Plaintiff makes an Opening Statement
4. Defense/Defendant makes an Opening Statement
5. Prosecution/Plaintiff presents case
a. Prosecution/Plaintiff calls first witness and conducts Direct Examination
b. Defense/Defendant Cross Examines the witness
c. Prosecution/Plaintiff conducts Redirect Examination, if desired
6. Prosecution/Plaintiff rests case
7. Defense/Defendant presents case in same manner as Prosecution/Plaintiff in #5
above, with the Prosecution/Plaintiff cross examining each witness
8. Defense/Defendant rests case
9. Prosecution/Plaintiff makes Closing Argument
10. Defense/Defendant makes Closing Argument
11. Prosecution/Plaintiff offers any Rebuttal Argument
12. Jury instructions (if it is a jury trial)
13. Jury/judge deliberations
14. Verdict/Decision/Judgment
15. Sentence/Order
150
OPENING STATEMENT
The opening statement is the introduction to the case, the very first time the attorneys for each
side get to tell the judge and jury about what happened to their clients. The first impression is
very important: it “paints a picture” of the case that will be presented for each side. Opening
statements should include:
1. a summary of the facts according to each party,
2. a summary of the evidence that will be presented at trial,
3. a statement regarding what the party hopes to get out of the trial.
PROSECUTION’S/PLAINTIFF’S ATTORNEY
Since this attorney speaks first, it is very important for the prosecution’s/plaintiff’s opening
statement to include a good summary of the facts, presented in a light most favorable to the
prosecution/plaintiff. If the opening statement presents a very convincing picture of the
prosecution’s/plaintiff’s case, the defense team will have a much harder time changing the minds
of the judge and jury.
DEFENSE ATTORNEY:
The defense team always has the task of showing that the prosecution’s/plaintiff’s version of the
facts is not correct. In preparing an opening statement, the defense attorney will have to guess
how much detail and what kind of emphasis the prosecution’s/plaintiff’s attorney will make in
the prosecution’s/plaintiff’s opening statement. The defense attorney should be ready to make
adjustments in his or her prepared statement while the prosecution’s/plaintiff’s attorney speaks.
The defense attorney should highlight the facts that are in dispute and emphasize the kinds of
evidence the defense will present to show that the prosecution/plaintiff is wrong.
Both attorneys should practice making eye-to-eye contact with the judge while speaking.
151
DIRECT EXAMINATION
DESCRIPTION:
After the opening statements, the process of “witness examinations” begins. First, the
prosecution’s/plaintiff’s team presents its witnesses, then the defense/defendant’s team. Each
time a witness is called to the stand, the attorney who called the witness asks a series of
questions called the “direct examination.” These questions are designed to get the witness to tell
a story, reciting what he or she saw, heard, experienced, or knew about the case. The questions
must ask only for facts, not for opinions (unless the witness has been declared to be an “expert”
in a particular subject, such as a doctor or a police detective). In addition, the attorney may only
ask questions and may not make any statements about the facts, even if the witness says
something wrong. When the direct examination is completed, an attorney for the other side then
asks questions to show weaknesses in the witness’s testimony, a process called “cross
examination.”
ATTORNEY CONDUCTING DIRECT EXAMINATION:
Questions should be designed to get the witness to tell the story in a logical manner. Avoid
lengthy or complicated questions. Leading questions cannot be used on direct examination. Be
prepared to rephrase questions in case the witness does not understand a question or fails to
remember facts accurately, or in case the other side objects to a question.
OPPOSING ATTORNEY:
Listen carefully to the questions and answers. Listen for violations of the Rules of Evidence and
be prepared to make good objections.
WITNESSES:
The most important factor in the case is the believability (credibility) of the witness. Witnesses
should tell their stories clearly with as little hesitation as possible. It is important for witnesses to
know the facts thoroughly.
At the close of the cross examination the attorney who conducted the direct exam may do a
“redirect.” A redirect examination follows the same rules as direct. However, the questions are
limited to subjects discussed in the cross examination.
152
CROSS EXAMINATION
The purpose of the cross examination is to show the judge and jury that a given witness should
not be believed because that witness:
1. cannot remember the facts,
2. did not give all the facts in the direct examination,
3. told a different story at some other time,
4. has a reputation for lying,
5. has a special relationship to one of the parties (may be a relative or close friend)
or bears a grudge toward one of the parties.
ATTORNEY CONDUCTING CROSS EXAMINATION:
This attorney must know precisely what kind of weaknesses he or she wants to show in the
witness, and then design the questions to point them out. Questions should be short. Leading
questions are allowed. (For example, the attorney may use questions with phrases like, “Isn’t it
true that. . .?”) Questions should not be long or argumentative nor should they ask the witness
“How,” “Why,” or “Could you explain.” Questions are best that call for a simple “yes” or “no”
answer. Questions that give the witness a chance to make an explanation will usually not help
the cross examiner’s case.
OPPOSING ATTORNEY:
Listen carefully for violations of the Rules of Evidence and be prepared to make objections.
Listen carefully to the kind of attack the cross examiner is making and decide whether the attack
is successful. After the cross examination, the opposing attorney may conduct a “redirect”
examination to give the witness a chance to explain or correct some points made in the cross
examination.
WITNESS:
Witnesses should try to give explanations whenever possible. Witnesses must pay close
attention during cross examination since the attorney may try to confuse the witness. They
should try to stick to the facts they recited on direct examination.
153
CLOSING ARGUMENT
DESCRIPTION:
The purpose of the closing argument is to convince the trier of the fact (judge or jury) that the
evidence presented is sufficient to win the case for whichever side the attorney is representing.
The closing argument should include:
1. a summary of the evidence presented that is favorable to the presenting
attorney’s side,
2. a summary of the case,
3. a legal argument showing how the law requires the judge or jury to interpret the
facts and why that law requires them to rule in favor of the side for which the
attorney is arguing.
New information MAY NOT be introduced in the closing argument.
PROSECUTION’S/PLAINTIFF’S ATTORNEY:
Remember, the prosecution/plaintiff has the burden of proving the facts in a criminal case
beyond a reasonable doubt and in a civil case by a preponderance of the evidence. Therefore, the
prosecution’s/plaintiff’s summary of the favorable evidence presented is extremely important.
Be sure to avoid claiming evidence that was not, in fact, presented. Do not emphasize evidence
the defense successfully attacked except to give a firm response to such an attack. Cite the law
clearly and correctly. Make a clear argument regarding how the law requires the judge or jury
to rule in the prosecution’s/plaintiff’s favor.
DEFENSE/DEFENDANT’S ATTORNEY:
Summarize all the evidence presented to weaken the prosecution’s/plaintiff’s case. Emphasize
the inability of the prosecution/plaintiff to meet the burden of proof and stress that such inability
must clearly lead to a decision in favor of the defense/defendant.
154
THE STATE OF GEORGIA V. MATTHEW WEST
MATTERS NOT IN DISPUTE:
1. The stipulation has been signed and is binding on both sides.
2. All constitutional issues have already been litigated. None of the evidence has been
suppressed. The statement is admissible.
3. The prosecution must call Officer Buford Edwards and Sergio Cohen.
4. The defense must call Matthew West and Leonard Kress.
5. The jury instructions reflect the applicable law in the jurisdiction.
6. All reports and statements have been properly signed.
155
FACTS
At about 12:10 a.m. on the morning of February 11, 19____, the body of Vivian Hill was
found in a driveway behind Stallone’s Bar located at 7882 Tara Blvd., Jonesboro, Georgia. She
had been shot once in the neck, killing her instantly. The body was found by patrolman Buford
Edwards who was patrolling a beat on Tara Blvd. that morning.
During the evening of February 10, 19____ at about 11:00 p.m., Miss Hill had been seen
in the bar with her boyfriend, Matthew West. They had been seen arguing by the bar’s owner,
Sergio Cohen. Although he did not hear the entire argument, he did hear Matthew West tell
Vivian Hill that “if I ever see you with another man again I might lose control and hurt you.: He
had also seen West slap her twice and get up and leave the bar. After he left, she remained in the
bar for about half an hour and then left without saying a word.
At about 11:15, Matthew West arrived at the home of Leonard Kress, located about onehalf mile from Stallone’s Bar. They talked awhile, about work and Matthew’s problems with
Vivian, especially his jealousy about Vivian going out with other men. West told Kress that he
loved Vivian very much and wanted to marry her and have her with him for the rest of his life.
He stayed there for about twenty-five minutes and then left.
At 11:15 a.m. the body was picked up by the A-1 Ambulance Service and taken to
Southern Regional Hospital at 12:30 p.m. Vivian Hill was pronounced dead by Dr. Vincent
Powell in the hospital emergency room. An autopsy was performed on Miss Hill the next day. It
was determined that her jugular vein was severed and she bled to death. A bullet, later
determined to be a .38 caliber, was found in her neck.
Mr. West was arrested at his home at 2:45 a.m. and taken to the police station where he
made a statement.
The gun was never found. Her purse was found a block from the scene of the crime.
BACKGROUND: VIVIAN HILL
156
Miss Hill was a twenty-four year old female. She was employed by the telephone
company as a file clerk. She had been working there for two years. Her salary was $250.00 per
week.
She lived in an apartment building at 6726 Tara Blvd. in a one bedroom apartment.
Vivian had lived there for three years, the first two with a roommate named Dianne Smith.
She had been dating Matthew West for one year. They had met in a local grocery store
where they both shopped. Prior to West, she had dated a number of other men, and she had also
seen some of them after she started going out with him. She also owned a .38 caliber revolver
that she kept in her purse because of fear of muggers and rapists.
157
The State of Georgia
vs.
Matthew West
19___-001
STIPULATION
It is hereby stipulated that the time of death of Vivian Hill was between 11:45 p.m. on
February 10, 19____, and 12:10 a.m. on February 11, 19____. Further, it is also stipulated that
the cause of death is massive hemorrhaging due to a gunshot wound from a .38 caliber pistol.
Respectfully submitted on this, the ______________ day of 19____.
________________________________
District Attorney
________________________________
Attorney for Matthew West
158
INDICTMENT
The State of Georgia
vs.
Matthew West
19___-001
Charge: Murder
Superior Court of Clayton County
Bail: $100,000
________________________________________________________________________
IN THE NAME AND BY THE AUTHORITY OF THE STATE OF GEORGIA,
The Grand Jury of Clayton County, State of Georgia, duly organized at the March Term, 19____
of the Superior Court of said County, in said Court, at said term, do present that in the County of
Clayton and State of Georgia one
MATTHEW WEST
hereinafter referred to as the Defendant, heretofore on or about February 11, 19____, did then
and there unlawfully
intentionally and knowingly cause the death
of the deceased, Vivian Hill by shooting
her with a gun.
The Grand Jury does further present
that the defendant on or about February 11, 19----,
did then and there unlawfully intend to cause
serious bodily injury to the deceased, Vivian Hill,
and did commit an act clearly dangerous to human
life, namely shooting her with a gun, that caused the
death of the deceased, Vivian Hill.
AGAINST THE PEACE AND DIGNITY OF THE STATE
_________________________________
Foreman of the Grand Jury
159
STATEMENT: LEONARD KRESS
My name is Leonard Kress. I am thirty-four years old. I reside at 111 Huie Street, and
I’ve lived there for two years. I am single.
I am employed by the Capital Construction Company as a foreman. I have worked there
for four years and that is where I met Matthew West. I have known him for a couple of years.
Once in awhile we go out to get a drink or dinner or talk. He is usually very easy going and
since he has started going out with Vivian that is all he seems to talk about. He told me that he
was in love with her and he wanted to marry her and spend the rest of his life with Vivian.
Last night Matthew came over for awhile. He seemed bothered. He told me that he had
argued with her and lost his temper and slapped her. He said he just lost his temper and he was
sorry for it. We talked some more and about 11:30 he said he was tired and was going home to
get some sleep.
________________________________
LEONARD KRESS
February 11, 19____
1:30 p.m.
160
STATEMENT: MATTHEW WEST
My name is Matthew West. I am twenty-nine years old. I live at 301 Morrow Road,
Forest Park, and have resided there for four years. I am a self-employed electrician doing free
lance work for Capital Construction Company. I have been doing this for about six years.
I had been dating Vivian Hill for about one year. I met her at the supermarket. We
started dating shortly after that. We were in love and I wanted to marry her but she said she
wanted to wait and see if we were right for each other. In the meantime, she was going out with
other men. I had asked her to stop, telling her how much I loved her and how much it hurt me
when she was out with other guys. But she didn’t listen.
On the night of February 10, we had gone to Stallone’s Bar for a couple of drinks. It’s
one of the places Vivian and I went to when we went out. We got there about 10:30 and we
ordered a couple of drinks and talked. We talked about her job and what a hassle it was. We got
on the subject of her dating other men and I asked her again to stop, but she said, “I’m not tied to
you and I can go out with whomever I please even tonight if I want to.” She said some other
things and I guess I got made at her and yelled at her to stop, but she wouldn’t. I got madder and
I guess I lost my temper and slapped her a couple of times.
I didn’t know what to do so I left the bar and went to an old friend’s house. We talked
awhile and then I went home and went to bed. That’s where I was when the police came and
arrested me.
I did not kill Vivian. I loved her very much and did not want anything in the world to
happen to her.
______________________________
MATTHEW WEST
February 11, 19____
4:30 a.m.
161
STATEMENT: SERGIO COHEN
My name is Sergio Cohen. I am forty-nine years old. I have a wife and two children;
Mike who is seventeen and Billy who is fifteen. I have been married eighteen years. I live at
2304 Main Street, Jonesboro, and I’ve lived there for twelve years.
I am the owner of Stallone’s Bar. It is a local tavern and I’ve owned it for about six
years. It is a quiet place; mostly local people come there. I open at about 11:00 in the morning
and close at 1:00.
On the night of February 10, I witnessed an argument between Matthew West and Vivian
Hill. I have known them for about a year when they first started coming to my place. I noticed
they were arguing because their voices got real loud all of a sudden. They were seated at a table
near the bar by themselves. I couldn’t hear everything they said, but I did hear Vivian say, “I’m
tired of you hassling me and I’ll do anything I well please.” Then she said something else and he
said, “If I see you with another man I might lose control and hurt you.” She told him to “stop
acting like a baby” and he slapped her twice and left. I think it was about 11:00 p.m. because
after he left the news came on.
At about 12:15 the cop on the beat, Buford, came in and asked me if I heard or saw
anything unusual that night and I told him about the fight and that’s all I knew.
_____________________________
SERGIO COHEN
February 11, 19____
10:00 a.m.
162
CLAYTON COUNTRY POLICE DEPARTMENT
POLICE REPORT
NO. 1746
OFFICER:
DATE:
CASE NO.
Buford Edwards
2/11/19____
002-9163
On the morning of February 11, at approximately 12:10 a.m. while on routine patrol on
Tara Blvd., I observed a body lying approximately twenty feet from the street in a driveway
located next to Stallone’s Bar. Upon closer investigation, I observed the body of a young female
who had been shot in the neck. I observed that the person was not breathing, so I immediately
radioed in for an ambulance. The body was picked up by the A-1 Ambulance Service and
transported to Southern Regional Hospital. I searched the immediate vicinity but did not find
any type of weapon.
I then spoke to Sergio Cohen, the owner of Stallone’s Bar who has come outside to the
driveway when the ambulance arrived. I asked him if he could identify the body and he said that
he could and that the woman’s name was Vivian Hill. I then questioned him briefly and he said
that the woman had been arguing earlier that evening in his bar with a man he identified as
Matthew statement of Sergio Cohen). I next searched the immediate vicinity and found a purse
which contained some personal items and a driver’s license issued to Vivian Hill of 6726 Tara
Blvd., Jonesboro, Georgia. I also found a small address book which contained several names,
addresses, and phone numbers. One of the them was for a man named Matthew West who
resided at 301 Morrow Road, Forest Park, Georgia.
After consulting with the sergeant on duty, Sgt. Murphy, I decided to go to West’s
apartment to question him regarding the shooting.
I went to his home at approximately 2:45 a.m. and knocked on the door. West asked:
“Who’s there?” I answered: “The police.” Immediately thereafter I heard some running and the
sound of a window being opened. I immediately went outside and apprehended Matthew West
as he was jumping out a window. When I asked him why he had tried to run away he mumbled
something about being startled and scared but then said: “I don’t want to say anything until I
talk to my lawyer.” After speaking to his lawyer on the phone from the station he gave me his
statement (see attached statement of Matthew West).
At 8:00 a.m., I contacted a man named Leonard Kress who had been with Matthew West
on the evening of February 10. He came to the station at approximately 1:30 p.m. and provided
me with a statement (see attached statement of Leonard Kress).
163
At 10:00 a.m., I was informed by Southern Regional Hospital that Vivian Hill was
declared dead at 12:30 a.m. on February 11. A subsequent autopsy determined that the probable
cause of death was massive hemorrhaging due to a gunshot wound caused by a .38 caliber pistol
(see attached Autopsy Report). The murder weapon was never found.
__________________________________
PATROLMAN BUFORD EDWARDS
164
AUTOPSY REPORT
Southern Regional Hospital
Riverdale, Georgia
NAME: Hill, Vivian
Autopsy #: 846818
Service: Court Order
________________________________________________________________________
SEX: Female
RACE: White
AGE: 24
CHARGE CODE:
O.C.G.A. Section 16-5-1
DATE OF DEATH:
2/10/____--2/11/____
HOUR OF DEATH:
11:45 a.m.--12:10 p.m.
DATE OF AUTOPSY:
2/12/____
HOUR OF AUTOPSY:
9:00 a.m.
________________________________________________________________________
Probable Cause of Death:
Massive Hemorrhaging in the jugular vein
Probable Manner of Death: Gunshot wound severing the jugular vein
________________________________________________________________________
SUMMARY
This 24 year old white female was found shot in the neck in a driveway in Clayton
County on 2/11/____. She was pronounced dead at 12:30 a.m. on 2/11/____ by Dr. Powell of
emergency Services of Southern Regional Hospital.
The general autopsy revealed a normal, well developed 24 year old white female. The
cause of death was clearly a massive hemorrhaging of the jugular vein originating from a
gunshot wound at close range. Upon examination a small caliber bullet, marked .38 cal. was
found in the back of the neck. It is probable that this is the bullet which severed the artery.
______________________________
MEDICAL EXAMINER
CLAYTON COUNTY
165
POWER POINT INSTRUCTIONS
Getting Started:
1) Turn on your computer!
2) Double click on the Hard Drive (upper right corner)
3) Double click on Microsoft Office
4) Double click on Microsoft Power Point 4
5) Double click on Microsoft Power Point
6) Choose one:
___Auto Content Wizard
___Pick A Look Wizard
___Template
___Blank Presentation
Auto Content: Will give you complete step by step instructions
Pick a Look Wizard: Click on screen presentation. Choose a template and click apply. Click next.
Continue to follow instructions provided.
Template: Click OK. Choose a background and then click apply. Choose Layout for your first screen
then click OK.
Tips:
Text: To change your text go up to format and pull down to font and let go. You may choose color, size,
style, and font.
If you do not like the colors listed, click Other, if you still do not like the colors click more colors. Then
move the space bar to change the color ball. Click on the ball where you see a color you like. Click
OK and OK again when you find a color that you like. Another way to change the text is to highlight
your typed text. Use the text icons in the second row at the top.
New Slide: When you complete each slide go to the bottom row and click on New Slide. Choose an Auto
layout and click OK.
Continue to add new slides in this manner.
Pictures: You can add pictures from any file by clicking on Insert and pulling down to picture and
letting go. You can then go into any file and import pictures. When you locate a picture that you want to
use, click on insert. If you decide to remove a picture click on the picture and then delete.
Word Art: Click on Insert and pull down to Object. Scroll down to word art .2 Type in text. Choose
shape, font, size, color, alignment, fill and effects. When you have made these choices click OK.
To View Presentation: Click Slide Sorter icon at the bottom. Add Transitions and Build Effects while
in slide sorter. Transitions and Build Effects are right above the slides. Click on the slide you want to
work on, go to Transitions and pull down to the transition you want to use. Go up to Build Effects and
pull down to the build that you want to use. Continue this process on each slide. To watch presentation
click before the lst slide and click on slide show icon at the bottom. You must click on the first slide to
view the entire presentation.
To Set timings: Click on View (at the top) and hold and pull down to slide show and click on rehearse
new timings and show. Then click Use slide timings and run continuously and show presentation. To
stop presentation press the escape key.
166
POWER POINT LESSON PLAN
(6 to 8 Days)
This lesson can be used during any unit. The students can be assigned research topics and can
create a presentation with Power Point. I have included instructions for the students to use in the
lab, sample topics, and a sample grade scale. Using this assignment the students improve their
research and computer skills.
Materials needed:
Macintosh Computer
A Scan-it or a Logical Choice or a Multi-pro or a computer that is video ready
Computer Lab (I have allowed students to work in pairs when there is a shortage of computers.
You could have bigger groups, but this assignment works best if students work alone or with a
partner.)
Day 1:
Attach the Television to the computer so that the students can see the program. Hand out the
instruction sheets. Choose a student to work the computer. Walk the students through the Power
Point instructions. Have different students come forward and ask them to demonstrate how to
insert a picture, create a new slide, change the font, time the slides, and so forth. Go over the
topics and what you expect from each group as a completed project. Assign partners and topics.
Ideal group size consists of two students, but if you have an uneven number of students you may
have one group of three.
Day 2-5
Take the students to the computer lab. Students will research the assigned topic and create a
power point presentation.
Day 6
Students will show their presentations to the class.
Sample grade Scale:
Presentations must include the following:
___Minimum of 10 slides
___2 pictures
___Word Art
___Timed slides
___Project Content
10 points
10 points
10 points
10 points
10 points
Students who have absolutely no computer skills will still be able to earn 60 points for the
project content. Encourage students who have not used the computer before to pair up with
someone who is competent with the computer.
I give 10 points extra credit to the presentation that is voted the best by the class. I give 5 points
extra credit to the presentation that is voted 2nd best. I nominate the presentations that are
eligible for consideration and the class votes.
167
POWER POINT PRESENTATIONS
TOPICS:
Crimes against People: include non criminal homicide and criminal homicide, suicide,
euthanasia, rape, assault and battery (p. 65-76 Street Law)
Crimes against Property: (p. 77-82 Street Law)
Defenses that can be used in court
Discrimination (p. 459-491 Street Law)
First Amendments Rights (start p.405 Street Law)
Credit (Street Law, and Law in Georgia)
Contracts and Warranties (Street Law, Law in Georgia)
Housing Law (Street Law, Law in Georgia)
Traffic Laws (Law in Georgia)
DUI Laws (past and present)
Prisons and Capitol Punishment
Torts
Bring a High Density Disk!
168
USEFUL INTERNET SITES
All Politics (CNN)
Census Bureau
Congressional Quarterly
FBI
Georgia Government Home Page
House Of Representatives
Legislative Branch
Library of Congress
National Democratic Committee
National Republican Committee
State Republican Parties
Supreme Court Database
Supreme Court Decisions
US Senate
Washington Post
Time Magazine
http://allpolitics.com/1998/index.html
http://www.census.gov/
http://voter96.cqalert.com/
http://www.fbi.gov/
http://www.State.Ga.US/
http:www.house.gov/
http://lcweb.loc.gov/global/legislative/congress.html
http://lcweb.loc.gov/homepage/lchp.html
http://www.democrats.org/
http://rnc.org/
http://www.fastlane.net/homepages/weide/state.shtml
http://oyez.at.nwu.edu/oyex.html
http://supct.law.cornell.edu/supct/
http://www.senate.gov/
http://www.whitehouse.gov/WH/Welcome.html
http://www.time.com
These Websites can be used in the Election simulation or to research for debates
throughout the semester. It is wise to bookmark your websites and connect the computer to the
TV. This will discourage the students from “surfing the net” and coming across inappropriate
material. By connecting the TV and the computer, the teacher can see what is on the screen from
any spot in the classroom.
169
PAIDEIA SEMINAR
The Paideia seminar is a formal text-based discussion guided exclusively by open-ended
questions. In this method of discussion
The teacher:
 provides students with highly intellectual texts (not text books) to examine and explore
 designs discussion questions which promote intellectual analysis and oral response to text
 facilitates but does not lead or even participate in the discussion
 allows students to draw conclusions and support them without imposing her/his view on the
students
 fosters an atmosphere of free expression and valuing of ideas and intellectual thought
The student:
 reads and studies the assigned text carefully and marks it heavily
 listens closely tot he comments of others
 thinks critically for him or herself
 articulates clearly his or her own thoughts
 responds clearly, respectfully, and thoughtfully to the thoughts of others
 asks relevant questions of each other
 holds him or herself and other students accountable for supporting opinions with evidence
from the text
 invites all other participants to join in the conversation
 solves complex problems
 discusses and understands ideas and values
 resolves conflicts between ideas and people
 applies knowledge and skills to new situations
 considers all sides of an issue before rejecting or accepting other view points
 keeps the conversation on a highly intellectual level
 treats all others with respect and dignity
 governs his/her participation so that he/she does not monopolize conversation
 does not force his/her opinion on others and does not allow others to force their opinions on
the group
 practices the customs of polite conversation.
170
Selecting Seminar Texts
A good seminar text:
 is thought provoking. It is not easy to dispose of intellectually
 concerns ideas and values of some complexity
 is evocative and, in some sense, open-ended. There is more to discussing it than either
agreeing or disagree with its theme.
 concerns a number of essential issues and so elicits a variety of responses from a variety of
people.
 deals with issues of some particular concern for the intended participants.
 fits coherently into the curriculum of the classroom or school where it is used.
Rules for Participation and Respect
Each participant...
 reads the text carefully and prepares for discussion.
 listens closely to the statement of others.
 actively participates in the discussion, both by making statements and asking question.
 backs up statements by referring to the text.
 direct statement and questions to the other participants, not the leader.
 keeps an open mind.
 avoids interrupting while someone else is talking.
 disagrees with the ideas of others without being condescending or rude.
 thinks about the ideas of others before either accepting or rejecting them.
(You may want to make a poster of these rules to display in your classroom. Certainly, remind
participants of these rules before each seminar.)
171
Seminar Questions
General Guidelines:
1. should be broad and open-ended, without a single right answer: should have a number of valid
responses
2. should not be leading or able to be interpreted as having a right or wrong answer
3. number of questions prepared in advance should be limited but should include an opening, core,
and closing question: most follow up questions should be formulated during the course of the
discussion
4. opening and core questions should be directly related to the text to prevent discussion from
deteriorating into a “bull session” that focuses on personal experiences rather than ideas and values
Opening Questions




generate discussion and get student involved
should focus on most profound ideas a values contained in the text (see Adler’s list of Great Ideas)
should be designed to elicit as much as material for discussion as possible
should be open ended enough to allow for a number of possible responses
examples:
 What would be another title for this text? Why?
 What is the most significant passage (word, line) in this text? Why?
 Who is the most important character in this text?
 What word would describe the tome of this text?
Core Questions




probe into participants answer to opening question
guide participants to clarify and justify what they have said
require participants to focus on the text
requires the participants to evaluate their own thinking and that of others
examples:
 Can you support that with a passage in the text? or How do you reconcile that statement with this
(specific) passage form the text?
 what of you mean by that word? or what do you think the author meant by the word?
 Why did you choose the response you did to the opening question?
Closing Question


teaches participants to dervie personal meaning form a classical text
should no be designed to elicit consensus
example:
 Would you change response to the opening question? Why or why not?


Tell one significant insight you gained from someone else in the group.
(Closing question for “The Lion and the Mouse” seminar that has evolved around the idea of
friendship) How have you shown friendship to someone smaller or larger that you are.
172
Suggested Questions to be used with a Seminar on the Code of Hammurabi
Opening Questions (use only one)
1. Which law is the most interesting to you and why?
2. Describe your first reaction to these laws.
3. Read a law from the text to which you reacted strongly. Explain your reaction.
Core Question (use as many as necessary)
1. Look closely at the following laws: 128, 138, 143, and 195. Discuss what these say about
relationship within the family.
2. Do you find law within the code of Hammurabi which deal with relationships? How would
you interpret these law?
3. Look at law # ___,____, and ____. What do you notice abut these? (Facilitator chooses
three laws for the students to establish a relationship.)
Example:
Theft-#21, 25, 54
Accountability; negligence; guarantees- #26, 218, 233
Class difference- #202,203, 204, 205
Marriage; divorce; role of women-#128, 138, 143
Closing Questions (choose one)
1. Which of these laws of you think sill apply to your life?
2. Do you think these laws still apply today? If so, which ones have had an impact on your
life?
173
The Code of Hammurabi (18th century B.C.)
Over 3,500 years ago, King hammurabi of Babylon ordered a scribe to chisel a record of his kingly deeds
onto a slab of back stone. Among the things recorded was Hammurabi’s code of Law.
Primary sources of information are sources recorded by people with first-hand information of the times.
Primary sources include laws, government records, eyewitness accounts, auto-biographies, and so on.
The Code of Hammurabi is a primary source: /by studying it, you can learn about social customs and
values of Babylonian society.
21.
25.
26.
54.
128.
138.
143 .
195.
202.
203.
204.
205.
218.
233.
If a man make a breach (breaks into) a house, they shall put
him to death in front of that breach, and they shall bury him
there.
If a fire break out in a man’s house and a man who goes to
extinguish it cast eye on the household property of the owner
of the house, and take the household property of the owner
the house, that man shall be thrown into the fire.
If either an officer or a constable who is ordered to go on an
errand of the king do not go, or if the hire a substitute and
he carry out his task, that officer or constable shall be put to
death. His hired substitute shall take to himself his house.
If he is not able to replace the grain, they shall sell him and
his goods...
If a man take a wife and do not draw up a contract with her,
that woman is not a wife.
If a man put away his wife who has not borne him children,
he shall give her money to the amount of her marriage
settlement and he shall make good to her the dowry which
she brought from her father’s house and then he may put her
away.
if a wife has not been careful but has gadded about,
neglecting her house and belittling her husband, they shall
throw that woman into the water.
If a son strike his father, they shall cut off his hand.
If a man smite on the cheek a man who is his superior, he
shall receive sixty strokes with an oxtail whip in public.
If the son of a gentleman smite the son of a gentleman of his
own rank on the cheek, he shall pay one mina of silver.
If a common man smite a common man on the cheek, he
shall pay ten shekels of silver.
If a man’s slave smite the son of a gentleman on the cheek,
they shall cut off his ear.
If a physician operate on a man for a severe would with a
bronze lancet and cause the man’s death... they shall cut off
his hand.
If a builder build a house for a man and does not make its
construction sound, and a wall cracks, that builder shall
strengthen that wall at his own expense.
174
The following is taken from Grant Wiggin’s Assessing Performance in Socratic Seminar. A Set of Rubrics.
The entire article, and accompanying instrument, and a blank copy of this form are included in Appendix C.
Feedback Sheet For Use In Student Seminars1
Discussion Rating Scale: How did you feel about today’s discussion?
Class’s treatment of issues
superficial
1
2
3
4
5
thorough & deep
Quantity of your own participation, as compared with your usual performance
low
1
2
3
4
5
high
Quality of your own participation
poor
1
2
3
4
5
excellent
Your own interest in the conversation
low
1
2
3
4
5
high
The class’ interest, reflected in intensity of conversation and % of participation
low
1
2
3
4
5
high
5
high
Completely of discussion
low
1
2
3
4
Degree of your own understanding of material
lost & confused
1
2
3
4
5
full understanding
Facilitator’s Success
too much input
(forgot role?)
too much control
showed great
respect
1
1
2
3
4
5
2
3
4
5
too little control
1
2
3
4
5
Comments (including your view as to the high and low points):
___________________________
1reprinted
by permission © CLASS 1995
175
too little input
showed too little
respect for others
others
176