Systems of Justice – Lesson Plans/Benchmarks – Dave Robertson
Teaching Methods – Lecture, Class Discussion, Group work, Book Work, Case Studies, Role Play (Mock Trial),
Related Video, Games & Activities, Use of Internet & Other Technologies, Field Trip (Macomb County Jail)
Assessment Methods – Chapter Quizzes, Unit Tests, Projects, Homework, Group Work, Participation
*Attendance – Current Events
Chapter 8: Introduction to Criminal Law
Michigan High School Social Studies Benchmarks – Civics:
3.1
Structure, Functions, and Enumerated Powers of National Government
3.1.5
3.2
Powers and Limits on Powers
3.2.4
3.3
5.3
Explain the role of the Bill of Rights and each of its amendments in restraining the power of
government over individuals. (See USHG F1.1)
Structure and Functions of State and Local Governments
3.3.2
3.4
Use case studies or examples to examine tensions between the three branches of government
(e.g., powers of the purse and impeachment, advise and consent, veto power, and judicial
review).
Identify and define states’ reserved and concurrent powers.
System of Law and Laws
3.4.1
Explain why the rule of law has a central place in American society (e.g., Supreme Court cases
like Marbury v. Madison and U.S. v. Nixon; practices such as submitting bills to legal counsel
to ensure congressional compliance with the law). (See USHG F1.1, 8.2.4)
3.4.2
Describe what can happen in the absence or breakdown of the rule of law (e.g., Ku Klux Klan
attacks, police corruption, organized crime, interfering with the right to vote, and perjury).
(See USHG 8.3.5)
3.4.3
Explain the meaning and importance of equal protection of the law (e.g., the 14 th Amendment,
Americans with Disabilities Act, equal opportunity legislation).
3.4.4
Describe considerations and criteria that have been used to deny, limit, or extend protection of
individual rights (e.g., clear and present danger, time, place and manner restrictions on speech,
compelling government interest, security, libel or slander, public safety, and equal
opportunity).
3.4.5
Analyze the various levels and responsibilities of courts in the federal and state judicial system
and explain the relationships among them.
Rights of Citizenship
5.3.1
Identify and explain personal rights (e.g., freedom of thought, conscience, expression,
association, movement and residence, the right to privacy, personal autonomy, due process of
law, free exercise of religion, and equal protection of the law).
5.3.2
Identify and explain political rights (e.g., freedom of speech, press, assembly, and petition; and
the right to vote and run for public office).
Systems of Justice – Lesson Plans/Benchmarks – Dave Robertson
Teaching Methods – Lecture, Class Discussion, Group work, Book Work, Case Studies, Role Play (Mock Trial),
Related Video, Games & Activities, Use of Internet & Other Technologies, Field Trip (Macomb County Jail)
Assessment Methods – Chapter Quizzes, Unit Tests, Projects, Homework, Group Work, Participation
*Attendance – Current Events
General Considerations Every crime is made up of certain elements. At trial, each
element of a particular crime must be proven beyond a reasonable doubt in order to
convict a person. A single act can be both a criminal and a civil wrong. For example, the
state can prosecute and punish the person for the crime, and the injured person can
sue for damages in civil court. Learning Objective: Explain how a single act can
be both a criminal and a civil wrong.
State and Federal Crimes Both the federal and state governments have criminal
laws. Some acts can be prosecuted only in state courts while other acts can be
prosecuted only in federal courts. Certain crimes that violate both state and federal law
can be prosecuted in either state or federal courts. Learning Objective: Identify
crimes that may be prosecuted in either state or federal courts.
Classes of Crimes Crimes are separated into two categories based on their severity
and the punishments attached to them. A felony is a crime that carries a potential
prison sentence of more than one year. Felonies are usually more serious crimes. A
misdemeanor is any crime that can result in a prison sentence of one year or less.
Learning Objective: Distinguish between felonies and misdemeanors.
Parties to Crimes The person who commits a crime is called the principal. An
accomplice is the person who helps the principal commit the crime. The accomplice can
be charged with the same crime as the principal. A person who helps organize the
crime but is not present when it occurs is called an accessory before the fact. This
person can usually be charged with the same crime as the principal. An accessory after
the fact is a person who learns about a crime after it has occurred and helps the
principal or accomplice to avoid capture. This person is not charged with the original
crime but may be charged with harboring a fugitive or obstructing justice. Learning
Objective: Distinguish between a principal and an accomplice in a crime.
Crimes of Omission Most crimes occur when a person does something that violates
the law. In a few cases, however, failing to act may be a crime if the person had a legal
duty to act. This type of failure to act is known as omission. Learning Objective:
Give examples of crimes of omission.
Preliminary Crimes Certain actions take place before a crime is committed. These
acts can be punished even if the crime is never completed. Three examples of
preliminary crimes are solicitation, attempt, and conspiracy. Solicitation involves one
person asking another to participate in a crime. To be convicted for attempt, the
accused person must have both intended to commit a crime and have taken a
"substantial step" toward committing the crime. A conspiracy is an agreement between
two or more people to commit a crime. Police cannot arrest people for merely
discussing a crime—the people must have taken obvious steps towards completing the
crime to be guilty of conspiracy. Learning Objective: Explain the purpose or
function of criminalizing certain behaviors that occur before a crime is
committed.