EDRL 451B
Literacy Unit
9th Grade American History
Unit on Juvenile Justice System
Compared to the Adult Criminal Justice System
In the United States
By Pamela Mohr
Rationale
As part of an overall lesson on the United State Governmental System for 9th Grade
students, I plan on having my students to undertake this unit on Juvenile Justice. This will be a
two week unit. This is adapted largely from a websitewww.scholastic.com/lessonplan/evaluation-evidence-bias, from the PBS Frontline: Juvenile Justice, and from Criminal Law
& Juvenile Justice, a Street Law Lesson comparing adult and juvenile processes by Kate
Vaughan & Jeana Kim. The first lesson was written as part of an English lesson but I am
adapting it for social studies goals. To me it fits well within both English and Social Studies and
I cannot think of a better way to ensure literacy learning in social studies.
Overall I want students to know how the American judicial system works, the differences
between the juvenile and adult systems of justice, what are the roles for Judges, juries,
prosecutors and defense attorneys. I am also reinforcing my students’ abilities to read and hold
difficult reading pieces. I want the students to learn to think critically about written and oral
pieces, are they objective or are they written persuasively, are they meant to inform or to bias the
reader. Does the media have a bias on some or all issues? I also want the students to look
critically at the juvenile justice system, what is its purpose(s), does it accomplish one or more of
those purposes, should juveniles be tried as adults, does the age of the juvenile matter, does the
crime committed by the juvenile matter, should juveniles be housed with adult prisoners? As
their final project I will be asking the students to do one of the following three alternatives: write
an essay expressing their views on the benefits and determents of the juvenile justice system vs.
the adult criminal justice system for juveniles, victims and society while citing facts to back up
their views, prepare a multimedia presentation on the benefits and detriments of the Juvenile
Justice vs. The Adult Criminal Justice System for the juveniles, the victims and society utilizing
facts or to participate in a debate on trying juveniles in the juvenile justice system vs. the adult
criminal justice system for the youths, the victims and society and again to cite facts to back up
their position.
Text/Web Resources
1.
2.
3.
4.
5.
6.
7.
Juvenile Justice Student Guide
Kids Law: A Practical Guide to Juvenile Justice by John W. Biggers
Juvenile Justice Statistics (DOJ)
Startling Finds on Teenage Brains by Paul Thompson
Juveniles Tried as Adults up 170% by Raul Hernandez
Computers with internet to access PBS Frontline: Juvenile Justice
http://www.americanbar.org/content/dam/aba/migrated/publiced/features/DYJfull.authch
eckdam.pdf
8. Selected portions of Roper v. Simmons, 543 U.S. 551 (2005), majority opinion and
dissent
9. Roper v. Simmons, U. S. Supreme court Decision that people convicted of murder for
acts committed before they were 18 could not be put to death
http://www.washingtonpost.com/wp-dyn/articles/A62584-2005Mar1.html
10. “Can a Child be Changed?” by Eric Gan, on Oregon Social Learning Center available at
http://www.pbs.org/wgbh/pages/frontline/shows/little/readings/oregonlc.html
11. San Francisco’s 1971 Cruxification Murder by Pauline Ferdinand at
http://www.pbs.org/wgbh/pages/frontline/shows/little/readings/crucifixion.html
12. Handout from Street Law Book outlining the terminology used in the juvenile \justice
system and the corresponding terminology used in the adult criminal justice system
13. Selected portions of Amnesty International 1998 Report “Betraying the Young, Human
Rights Violations against Children in the U.S. Justice System. New York, N.Y.,
Amnesty International
14. “In Loco Parentis: Helping Children When Families Fail Them” by James Q. Wilson
15. Interview of Dr. Dorothy Lewis, Professor of Psychiatry, NYU School of Medicine,
http://www.pbs.org/wgbh/pages/frontline/shows/little/experts/1.html
16. Interview with Fox Butterfield, New York Times Reporter,
http://www.pbs.org/wgbh/pages/frontline/shows/little/experts/2.html
17. Interview John Coie, Professor of Psychology, Duke University,
http://www.pbs.org/wgbh/pages/frontline/shows/little/experts/3.html
18. Interview John DilItulio, Director of Partnership for Research on Religion and At-Risk
Youth at Public/Private Ventures, Philadelphia,
http://www.pbs.org/wgbh/pages/frontline/shows/little/experts/4.html
19. Interview of Patrick Tolan, Associate Professor in the Department of Psychiatry,
University of Illinois at Chicago Medical School,
http://www.pbs.org/wgbh/pages/frontline/shows/little/experts/5.html
20. ABA fact sheet on Appellate Courts
http://www.americanbar.org/content/dam/aba/migrated/leadership/fact_sheet.authcheckd
am.pdf
21. Materials on the teenagers’ pushing a bicyclist as they drove by
22. Materials on the teenagers’ beating another teenager with his crutches
23. Definitions of Assault One, Two and Three Redacted by Teacher
Day 1- Introduction to Juvenile Justice System vs. Adult Justice System and examining out
bias
I will have my students start each day as they come in getting their conversation calendar and
writing in it for the day. (Chris Tovani, p.109) (I believe this outlet will be especially
important during this unit as some of students may have experienced the juvenile justice system,
others may have older siblings or friends who have had experience with this system)
Objectives: Students will start by examining what they know and what they believe about
the U.S. Juvenile Justice and Adult justice systems. We will move into the facts about each
system, what the roles of the Judge, juries, prosecuting attorney and defense attorneys are,
the levels of proof required in both the adult and juvenile system, the purposes of the adult
and juvenile court system. We will go into more detail on the history of juvenile justice
system and why it was established.
Nevada State Standards
[9th-12th Grade]
read tests by using strategies (prior knowledge, identify key vocabulary
words, context clues, mains ideas, supporting details and text features, pictures, maps, text boxes
Read for a specific purpose (i.e., detect cause and effect relationships,
compare and contrast information, identify fact v. opinion and author bias)
Formulate appropriate research questions
Conduct research by gathering, organizing and evaluating the credibility
and bias of information from a variety of online, print and non-print sources.
Process and effectively communicate and present information orally, in
writing and through development of web sites, multimedia presentations and other forms of
technology
C14 The federal System: U.S. State and Local governments Students understand the U.S.
Constitution and the government it creates including the relationship between national and
subnational governments as well as the structure and function of state and local governments
C14[9-12] 7 Examine the organization of the Nevada Constitution and describe the structure it
creates, including the executive, legislative and judicial branches
C14 [9-12] 13 Explain the state and local judicial process such as juvenile, civil and criminal
court systems
Resources
1. Essential Question, Anticipation Chart (revised), Graphic Organizer on Justice, Quick
Vocabulary List (with additions) all from Juvenile Justice Student Guide pp. 2-5, 6
2. Structure of Criminal Court System- handout on roles of Judges, juries, prosecutors and
defense attorney from ABA
3. History of Juvenile Court system- shortened version of
http://www.americanbar.org/content/dam/aba/migrated/publiced/features/DYJfull.authch
eckdam.pdf, pages 4-8
4. Handout comparing vocabulary and terminology used in juvenile justice system with
adult criminal justice system from Street Law Material
Materials Needed
Elmo, smart board, internet, graphic organizer, powerpoint
Activities
1. Converation Calender (Comes from Chris Tovani’s book)
2. Complete essential question, anticipation chart, graphic organizer on justice and a
second one on juvenile justice (Anticipation chart and graphic organizer come
from Billmeyer & Barton)
3. View short powerpoint on Adult Criminal Justice System and Juvenile Court System
giving additional information on history and purpose of the juvenile court system and
listen to accompanying lecture.
4. Criminal punishment policy
.
A.Brainstorm from students policies for criminal punishment.
B. Explain four different underlying policies/goals and write them on the board.
Ask students which goals should be considered for each case. Answers may
vary.
1.Retribution – eye for an eye punishment
2.Deterrence – to set an example and prevent others from committing the same
crime
3.Incapacitation – to remove the person from society and prevent future crimes
committed by the criminal
4.Rehabilitation- the prison system may help rehabilitate criminals to re-enter
society as law-abiding citizens
5. Juvenile Justice
i. Ask students whether juveniles should be tried as adults.
1. Do the same goals of the criminal justice system apply to
juveniles?
a. It is likely that students will say that rehabilitation is a
stronger goal for juveniles.
b. Should juveniles be incapacitated for shorter periods
than adults?
2. What other factors are important to consider?
a. E.g. age of defendant, previous record, severity of
crime
b. Which are most important? Why?
6. Students go back into pairs to discuss differences in the adult and juvenile court
systems and whether they work to the advantage or disadvantage of youths.
7. One person from each pair will give a three minute presentation on their thoughts
Assignments
Make students aware that they need to start preparing for the major final project which
is due the Wednesday of the following week except for the essay where the students can
have until Friday of the following week and which will be one of the following:
(1) write an essay expressing their views on the issue of whether juveniles should be tried
in the juvenile or adults system, the benefits and determents of both systems to the
youths, the victims and society and citing facts to back up their views or
(2) prepare a multimedia presentation on the benefits and determents of the Juvenile
Justice vs. The Adult Criminal Justice System to the youths, the victims and society
with facts to back up their ideas (the students can do this individually or in groups up
to three students but no more than 3 groups can do this) or
(3) to participate in a debate on the issue of whether juveniles should be tried in the
juvenile or adults system, the benefits and determents of both systems to the youths,
the victims and society and again to cite facts to back up their position (students
should do this in pairs with one taking the position that juveniles should be tried by
the juvenile justice system the other student taking the position that for serious crimes
juvenile should be tried as adults no more than 3 groups can do this).
Students need to know that if they participate in option 2 or 3 they must make a oral
presentation to the class and they must have a written product explaining what they did , what
facts they found and where they found them and their thought process to turn into the teacher
after their presentation. (Giving the students a number of different ways of expressing and
working out their knowledge comes from Jeffrey D. Wilhelm book “You Gotta BE the
Book”).
Ticket to Leave- Students will be given handout comparing terminology in juvenile
justice system with terminology in adult criminal justice system. Students will be asked to think
about whether the vocabulary used says anything about the two systems.
Assessment
Teacher will be going around the room while the students are workings in pairs, listening to the
students’ discussion. The teacher will also hear the one minute presentation. The teacher will
review the students’ answers to the essential question, anticipation guide and graphic organizers.
Day Two- Learning to Analyze Positions by Authors
Objectives: To help the students understand that everything written, spoken or prepared
by man is written, spoken or prepared with the author’s position in mind, including
history. Some authors attempt to present information objectively, based on the facts as
they have gathered them. But even in deciding which facts to look for, which facts to
present, where to gather the information and what information not to include the author’s
position comes into play. Other authors write pieces with a particular agenda in mind.
Nevada Standards
Read for a specific purpose (i.e., detect cause and effect relationships, compare and contrast
information, identify fact v. opinion and author bias.)
Respond to historical text and various types of social studies literature by inferring, drawing
conclusions, making predication and formulating historic, geographic, economic and civic
questions.
Critically analyze messages in the media to detect propaganda, censorship, and bias.
C15 The Political Process- Students describe the roles of political parties, elections, interest
groups, media, and public opinion in the democratic process
C15[912] 5 Evaluate propaganda in the political process
C15[9-12]4 Analyze the role of the media in the process of political persuasion
Resources
1.Juvenile Justice Guide page 6, 9, 10
2. Startling Finds on Teenage Brain by Paul Thompson
Materials Needed
Elmo or SmartBoard
Activities
1. Students come into the room and write on their conversation calendar.
2. Ask the students if they think the terminology used in the adult criminal justice system
reflects anything the same or different then the terminology in the juvenile justice system. Is
it just a matter of different terms for the same thing or does it reflect a real difference?
3. Going back to yesterday’s discussion about potential purposes of justice system does the
terminology suggestion more importance given to one or two of the potential purpose more
for the juvenile justice system then the criminal justice system.
Refer to page 6 in the Juvenile Justice Student Guide and display on elmo
4. Inform students that for all text they use in this unit, they will be answering the questions
on page 6 of the Juvenile Justice Student Guide before, during, and after reading.
5. Discuss the ideas of author's purpose and intended audience with students
6. Provide guided practice with the article, Startling Finds on Teenage Brain by Paul Thompson
7. Print and photocopy the article, Startling Finds on Teenage Brain by Paul Thompson so that
each student has their own copy.
8. Instruct students to find the words on page 9 of their Juvenile Justice Student Guide in the
article to provide synonyms for them for assistance in reading the text.
9. Ask students to preview the questions on page 10 of the Juvenile Justice Student Guide.
10. Provide instruction on what logical, ethical, and emotional appeals are in argumentative or
persuasive text. For assistance, see
http://www.uwc.ucf.edu/Writing%20Resources/Handouts/appeals.htm
11. Ask students to read in small groups
12. Have each pair of students lead discussion of the use of appeals by Paul Thompson and
collectively answer the questions on page 10
13. Ticket to Leave- Student’s written assessment of article entitled Startling Finds on Teeenage
Brain by Paul Thompson
Assignments
Students need to start working on their essay or their multimedia presentation or their debate on
the issue of where juveniles should be tried for serious crimes, juvenile court or adult court.
Assessments
Teacher will move around the room while students are attempting to assess the article by Paul
Thompson, see who is understanding the issues, who still is struggling with facts, bias, logical,
ethical and emotional appeals. Teacher will also review the materials written by each student on
the Paul Thompson article.
Day Three and Four- Learning to Analyze Positions by Authors
Ojectives: To help students understand that everything written, spoken or prepared by
man is written, spoken or prepared with the author’s position in mind, including history.
Some authors attempt to present information objectively, based on the facts as they have
gathered them. But even in deciding which facts to look for, which facts to present, where
to gather the information and what information not to include the author’s position comes
into play. Many authors have a particular view and write and include specific facts to
support their view.
Nevada Standards
Read for a specific purpose (i.e., detect cause and effect relationships, compare and contrast
information, identify fact v. opinion and author bias.)
Respond to historical text and various types of social studies literature by inferring, drawing
conclusions, making predication and formulating historic, geographic, economic and civic
questions.
Critically analyze messages in the media to detect propaganda, censorship, and bias.
C15 The Political Process- Students describe the roles of political parties, elections, interest
groups, media, and public opinion in the democratic process
C15[912] 5 Evaluate propaganda in the political process
C15[9-12]4 Analyze the role of the media in the process of political persuasion
Resources
1. Juveniles Tried as Adults Up 170% by Raul Hernandez
2. Juvenile Justice Statistics by the Department of Justice
3. “Can a Child be Changed?” by Eric Gan, on Oregon Social Learning Center available at
http://www.pbs.org/wgbh/pages/frontline/shows/little/readings/oregonlc.html
4. San Francisco’s 1971 Cruxification Murder by Pauline Ferdinand at
http://www.pbs.org/wgbh/pages/frontline/shows/little/readings/crucifixion.html
5. “In Loco Parentis: Helping Children When Families Fail Them” by James Q. Wilson
6. Interview of Dr. Dorothy Lewis, Professor of Psychiatry, NYU School of Medicine,
http://www.pbs.org/wgbh/pages/frontline/shows/little/experts/1.html
7. Interview with Fox Butterfield, New York Times Reporter,
http://www.pbs.org/wgbh/pages/frontline/shows/little/experts/2.html
8. Interview John Coie, Professor of Psychology, Duke University,
http://www.pbs.org/wgbh/pages/frontline/shows/little/experts/3.html
9. Interview John DilItulio, Director of Partnership for Research on Religion and At-Risk
Youth at Public/Private Ventures, Philadelphlia,
http://www.pbs.org/wgbh/pages/frontline/shows/little/experts/4.html
10. Interview of Patrick, Tolan, Associate Professor in the Department of Psychiatry,
University of Illinois at Chicago Medical School,
http://www.pbs.org/wgbh/pages/frontline/shows/little/experts/5.html
Materials Needed
Copies of the articles by Raul Herandez, Eric Gan, James Q. Wilson, Pauline Ferdinand and
Interviews with the PBS experts
Activities
1. Students come into the room and write on their conversation calendar.
2. Pass out the following articles to pairs of students I have predetermined one article to
each pair (some articles will have to go to two pairs of students):
Juveniles Tried as Adults Up 170% by Raul Hernandez
Juvenile Justice Statistics by the Department of Justice
“Can a Child be Changed?” by Eric Gan, on Oregon Social Learning Center
available at http://www.pbs.org/wgbh/pages/frontline/shows/little/readings/oregonlc.html
San Francisco’s 1971 Cruxification Murder by Pauline Ferdinand at
http://www.pbs.org/wgbh/pages/frontline/shows/little/readings/crucifixion.html
“In Loco Parentis: Helping Children When Families Fail Them” by James Q.
Wilson
Interview of Dr. Dorothy Lewis, Professor of Psychiatry, NYU School of
Medicine, http://www.pbs.org/wgbh/pages/frontline/shows/little/experts/1.html
Interview with Fox Butterfield, New York Times Reporter,
http://www.pbs.org/wgbh/pages/frontline/shows/little/experts/2.html
Interview John Coie, Professor of Psychology, Duke University,
http://www.pbs.org/wgbh/pages/frontline/shows/little/experts/3.html
Interview John DilItulio, Director of Partnership for Research on Religion and AtRisk Youth at Public/Private Ventures, Philadelphlia,
http://www.pbs.org/wgbh/pages/frontline/shows/little/experts/4.html
Interview of Patrick Tolan, Associate Professor in the Department of Psychiatry,
University of Illinois at Chicago Medical School,
http://www.pbs.org/wgbh/pages/frontline/shows/little/experts/5.html
3. Instruct students to find the words written at the bottom of the article that they are
reading and to provide synonyms for them to assist in reading the text.
4. Ask students to preview the questions on page 11 of the Juvenile Justice Student
Guide.
5. Provide review on what logical, ethical, and emotional appeals are in argumentative or
persuasive text. See
http://www.uwc.ucf.edu/Writing%20Resources/Handouts/appeals.htm
6. Ask students to read in pairs which I have assigned paired up before class the article
which I decided this pair will read.
7. Students should work in pairs to answer the questions on page 11.
8. Ask students to preview the questions on page 10 of the Juvenile Justice Student Guide
on the author’s purpose, intended audience and any bias.
9. Each of the student pairs will lead the discussion of the use of appeals by the author of
their article and help the class collectively answer the questions on page 10 for that
article.
10. Ticket to Leave- Written assessment of the article given to the pair of students
Assignments
The pair of students must each read the article that they have been assigned, answer questions on
pages 10 and 11 of the Juvenile Justice Student Guide and be ready to make a presentation on
their article to the class.
Meantime the students need to also be working on their larger, long term project of a paper, the
multimedia production or the debate.
Assessments
Teacher will be walking around while the pairs are discussing the articles that they were
assigned to read and see how individual students are doing in their understanding. Teacher will
listen closely to the presentations of the pairs and will review the written projects of the pairs on
each of the articles that they reviewed.
Day 5-Give students time to digest what they have learned and an opportunity to begin
work on project on juvenile and the criminal justice system
Objective: Students are to continue their research necessary for their essay, multimedia
project or their debate on what is best for juveniles, the victims and society, juveniles being
tried in the juvenile system or the adult criminal justice system. They will look critically at
articles, data and pieces on line in putting together their projects.
Nevada Standards:
Formulate appropriate research questions
Conduct research by gathering, organizing and evaluating the credibility and bias of information
from a variety of online, print and non-print sources.
Process and effectively communicate and present information orally, in writing and through
development of web sites, multimedia presentations and other forms of technology
Critically analyze messages in the media to detect propaganda, censorship and bias
Materials Needed:
None
Activities:
1. Enter class and write in calendar conversation
2. Work either in class or in the library on their assignment
Assignment
Students work on their major final project which is due the Wednesday of Friday of the
following week and which will be one of the following:
(1) write an essay expressing their views on the issue of whether juveniles should be tried
in the juvenile or adults system, the benefits and determents of both systems to the
youths, the victims and society with citing facts to back up their views or
(2) prepare a multimedia presentation on the benefits and determents of the Juvenile
Justice vs. The Adult Criminal Justice System to the youths, the victims and society
with facts to back up their ideas (the students can do this individually or in groups up
to three students but no more than 3 groups can do this) or
(3) to participate in a debate on the issue of whether juveniles should be tried in the
juvenile or adults system, the benefits and determents of both systems to the youths,
the victims and society and again to cite facts to back up their position (students
should do this in pairs with one taking the position that juveniles should be tried by
the juvenile justice system the other student taking the position that for serious crimes
juvenile should be tried as adults no more than 3 groups can do this).
Assessment
I will monitoring the students in both my room and the library to assist the groups with their
work and to see how each student in participating. If a student or a group is not working I will
suggest, then the second time require that they switch to the individual essay.
Day 6- Judges, Juries and Appellate Court
Objective: Students will understand the roles of Judges, juries and appellate courts in the
justice system. Students will review strategies for difficult reading such as U.S. Supreme
Court decisions and realize the impact that those decisions can have on us as citizens. The
students will begin to see the role global issues such as human rights can have on the United
States policy. Students will also continue the process of learning to parse through difficult
reading passages.
Nevada Standards
C13-Citizenship and the Law-Students know why society needs rules, laws and government and
understand the roles, rights and responsibilities of citizens.
C13[9-12] 5 Analyze the United States Constitution and its amendments in protecting individual
rights, including the Fourteenth Amendment’s provision for due process and equal protection of
individual rights through the examination of landmark cases, i.e.,
Brown v. Board of Education of Topeka
Gideon v. Wainwright
Miranda v. Arizona
Tinker v. Des Moines Independent Community School District
H4.0-International Relationship and Power-Students understand the interaction and
interdependence of nations around the world. Student understand the impact of economics,
politics, religion, and culture on international relationships
H4[9-12] 9 Evaluate the influence of U.S. cultural ideas on other nations
H4 [9-12] 10. Explore the influence of various world cultures on the United States
H4[9-12] 23 Describe how global issues such as human rights, the environment, regional
conflicts and health issues affect nations differently
Resources:
1. Selected portions of Supreme Court decision in Roper v. Simmons, 543 U.S. 551 (2005),
majority opinion and dissent
2. Comprehensive Constructors by Chris Tovani with wide margins so students can write
their thoughts as they read the decision.
3. Washington Post article on Roper v. Simmons
4. Selected portions of Amnesty International 1998 Report “Betraying the Young, Human
Rights Violations against Children in the U.S. Justice System.” New York, N.Y.,
Amnesty International
5. ABA information on Appellate Courts in State Systems
www.americanbar.org/content/dam/aba/migrated/.../fact_sheet.pdf
Materials Needed
Elmo, Selection portions of Supreme Court decision in Roper v. Simmons partially marked up as
a comprehensive constructor by teacher
Activities:
1. Students will come in a complete their conversational calendar.
2. Teacher will present information about juries and Judges and role that they do or do not
play in juvenile justice and adult criminal justice systems. Class will discuss Judges and
juries and then move onto discussion of facts about plea bargains and percentage of cases
that actually go to trial (information supplied by Teacher from ABA).
3. Discuss the appellate court systems in both State and Federal Courts. Discuss the fact
that Nevada is one of 11 states that do not have an intermediate appellate court from
ABA fact sheet.
http://www.americanbar.org/content/dam/aba/migrated/leadership/fact_sheet.authcheckd
am.pdf
4. We will briefly discuss the issue of U.S. Culture impacting other nations and other
nations culture impacting the U.S., reviewing sections of the Amnesty International
Report
5. Pass out the portions of the Roper v. Simmons decision and the article on the case
6. Review teacher’s thought process for two of the portions of the Roper v. Simmons case
from the comprehension constructor
7. Students are to the review the remaining portions of the Roper v. Simmons case, doing
the comprehension constructor, answering the following questions
A. What is the Court’s finding in the case?
B. What is the Court’s finding based upon?
C. Are there any equal protection issues involved in this issue?
D. Are there any international considerations which played into the court’s decision
making?
8. Congratulate the students on reading and understanding their first U.S. Supreme Court
Case-a feat that many adults have never done. Review the students’ findings from the
Roper v. Simmons.
Assignments:
Comprehension Constructor on Roper v. Simmons.
If students have time at the end of the day they will work on their essay, their multimedia project
or debate.
Assessment:
Teacher will be going around the room while the students are working on their analysis of the
Roper v. Simmons case. Teacher will review students thought process through reviewing the
students’ comprehension constructors on Roper v. Simmons.
Day 7
Objective: Students will understand the reasons for treating adults and juveniles
differently under the criminal justice system and identify the assumptions and philosophies
that shape punishment under the criminal justice system.
Nevada Standards:
Nevada Social Studies Standards Content Standard H3.0-Social Responsibility & ChangeStudents understand how social ideas and individual action lead to social, political, economic
and technological change
H3[9-12] 13 Analyze major news events and their impacts at the local, state, national and world
levels
H3[9-12] 17. Analyze how ideals and intuitions of freedom, equality, justice and citizenship
have changed
H3[9-12] 24.Examine the ideas and institutions of freedom, equality, justice and citizenship and
explain how they have changed
C13.0 citizenship and the law-students know why society needs rules, laws and government and
understand the roles, rights and responsibilities of citizens
C13[9-12] 7 Analyze and evaluate the role of citizen participation in civic life.
C14The Federal System: U.S. State and Local governments Students understand the U.S.
Constitution and the government it creates including the relationship between national and
subnational governments as well as the structure and function of state and local governments
C14 [9-12] 13 Explain the state and local judicial process such as juvenile, civil and criminal
court systems
Resources:
Materials on the teenagers’ pushing a bicyclist as they drove by
Materials on the teenagers’ beating another teenager with his crutches
Materials on assault one, two three
Materials:
Signs indicating tried to as a juvenile, tried as an adult, Signs indicating charged with assault
one, two three not guilty
Activities:
1.Students write in conversational calendar
2. Ask the class: if people get into a fight, should the police arrest them? If people are playing a
prank on someone and the victim is hurt, should the pranksters be arrested?
A. Students may not realize that these circumstances may constitute assault.
B. Help students to identify other everyday scenarios of assault.
A. Ask students to read elements of assault (redacted) from Elmo
B. Opinion Poll: Assault
1. Display first case on Elmo or give the students a handout
a. Ask a student to read the first case: bicycle push
b. Post Assault One, Assault Two, Assault Three and not guilty
c. Ask students to move to the posting that reflects their opinion.
d. Choose 2-3 students from each group to explain why they made their
respective choice.
e. Share the outcome: second degree assault.
f. Repeat process for second case: crutch beating. Result: first degree assault.
2. Discuss the reasons for the different outcome in the two cases
a. Bicycle case: The act was reckless, but there was no intent to cause great
bodily harm
(1) Query: would there have been a difference if the teens had followed the
bicyclist for several miles, taunting him, and finally pushed him? (May
still be considered reckless behavior with no intent to cause great bodily
harm.)
(2) What if they waited until the bicyclist was near a ditch or cliff before
pushing him? (Prosecutor indicated that such an act could have elevated
the charge to first degree assault)
b. Crutches case: The use of the crutches was considered a deadly weapon when
used to attack the victim, and the continual beating indicated an intent to cause
great bodily harm.
3. Ask students to return to their desks.
4. Discussion: Ask students what they think the appropriate punishment for each
case should be and why.
5. Remind students of our earlier discussion regarding the four different
underlying policies/goals and write them on the board. Ask students which
goals should be considered for each case. Answers may vary.
a. Retribution – eye for an eye punishment
b. Deterrence – to set an example and prevent others from committing the
same crime
c. Incapacitation – to remove the person from society and prevent future
crimes committed by the criminal
d. Rehabilitation – the prison system may help rehabilitate criminals to re-enter
society as law-abiding citizens
C. Juvenile justice
6. Ask students whether juveniles should be tried as adults.
a. Do the same goals of the criminal justice system apply to juveniles?
(1) It is likely that students will say that rehabilitation is a stronger goal for
juveniles.
(2) Should juveniles be incapacitated for shorter periods than adults?
b. What other factors are important to consider?
(1) E.g. age of defendant, previous record, severity of crime
(2) Which are most important? Why?
7. Second opinion poll: Ask students whether the juveniles in the cases should
have been tried as juveniles.
Assignments:
At the end of the class the students will be given additional time to work on their major project
Assessment:
Teacher will see the class participation.
Day 8 Give students time to digest what they have learned and an opportunity to finish
work on project on juvenile and the criminal justice system
Objective: Students are to continue their research necessary for their essay, multimedia project
or their debate on what is best for juveniles, the victims and society, juveniles being tried in the
juvenile system or the adult criminal justice system. They will look critically at articles, data and
pieces on line in putting together their projects.
Nevada Standards:
Formulate appropriate research questions
Conduct research by gathering, organizing and evaluating the credibility and bias of information
from a variety of online, print and non-print sources.
Process and effectively communicate and present information orally, in writing and through
development of web sites, multimedia presentations and other forms of technology
Critically analyze messages in the media to detect propaganda, censorship and bias
Materials Needed:
None
Activities:
3. Enter class and write in calendar conversation
4. Work either in class or in the library on their assignment
Assignment
Students work on their major final project which is due the Wednesday of the following week
and which will be one of the following:
(4) write an essay expressing their views on the issue of whether juveniles should be tried
in the juvenile or adults system, the benefits and determents of both systems to the
youths, the victims and society and citing facts to back up their views or
(5) prepare a multimedia presentation on the benefits and determents of the Juvenile
Justice vs. The Adult Criminal Justice System to the youths, the victims and society
with facts to back up their ideas (the students can do this individually or in groups up
to four students but no more than 3 groups can do this) or
(6) to participate in a debate on the issue of whether juveniles should be tried in the
juvenile or adults system, the benefits and determents of both systems to the youths,
the victims and society and again to cite facts to back up their position (students
should do this in pairs with one taking the position that juveniles should be tried by
the juvenile justice system the other student taking the position that for serious crimes
juvenile should be tried as adults no more than 3 groups can do this).
Assessment
I will monitoring the students in both my room and the library to assist the groups with their
work and to see how each student in participating. If a student or a group is not working I will
suggest, and second time require that they switch to the individual essay.
The students doing the multimedia presentation and the debate will turn in their work.
Days 9-10 Student Presentations- All students who participated in the multimedia and the
debate assignment must make a presentation. Students who wrote an essay can make a
presentation if they wish.
Objective:
Students will take the information that they learned in class, combine it with their research at the
library and at home, be able to judge when sources are bias one way or the other, when sources
are reporting the facts as they know them and be able to compile a thoughtful analysis of the
benefits and determents to the victim, society and the juvenile of trying a juvenile who is alleged
to have committed what would be a serious crime through the juvenile justice system vs. trying
the juvenile through the adult criminal courts system.
Nevada Standards:
Formulate appropriate research questions
Conduct research by gathering, organizing and evaluating the credibility
and bias of information from a variety of online, print and non-print sources.
Process and effectively communicate and present information orally, in
writing and through development of web sites, multimedia presentations and other forms of
technology
Critically analyze messages in the media to detect propaganda,
censorship,and bias
Collaborate with peers, experts and others to contribute to a content
related knowledge base, e.g., use of blogs, wikis, podcasts, etc. to compile, synthesize, produce
and disseminate information
H3[9-12] 13 Analyze major news events and their impacts at the local, state, national and world
levels
H3[9-12] 17. Analyze how ideals and intuitions of freedom, equality, justice and citizenship
have changed
H3[9-12] 24.Examine the ideas and institutions of freedom, equality, justice and citizenship and
explain who they have changed
C14The federal System: U.S. State and Local governments Students understand the U.S.
Constitution and the government it creates including the relationship between national and
subnational governments as well as the structure and function of state and local governments
C14[9-12] 7 Examine the organization of the Nevada Constitution and describe the structure it
creates, including the executive, legislative and judicial branches
C14 [9-12] 13 Explain the state and local judicial process such as juvenile, civil and criminal
court systems
Resources:
Bring the students’ thought bubble, the anticipation chart and the graphic organizers which they
completed the first day.
Materials:
Video camera to record to the student presentations, access to the web, smartboard, elmo for the
student presentations
Activities:
Students will present their multimedia presentations on the juvenile justice and adult criminal
justice systems. Students will debate the benefits and determents to the juvenile, society and the
victim of juveniles being charged in juvenile court vs. adult criminal court. Students who wrote
an essay who want to make a presentation of their ideas may do so.
At the end of the lesson I will ask the students to revisit their initial thoughts that they wrote in
their thought bubble, the anticipation chart and the graphic organizers which they completed the
first day. I will give them this and ask the student to write down if their thoughts have changed
and why, if they have not changed what support they found for their initial thoughts in the
materials in class and/or materials they collected for their major projects. I will collect those at
the end of class.
Assignment:


Ask students to revisit their initial thoughts they wrote in their thought bubble (page 2 of
the Juvenile Justice Student Guide) on the essential question, If a teen commits a crime,
would justice be served if he/she were punished like an adult who commits the same
crime?
Students doing the essay must turn it in.

As a quick write or exit slip activity, pose the question again and ask if their thoughts
have changed. Ask them to cite a specific resource (article, etc. it can be a resource we
read in class or one that they read for their assignment) that really moved them and can
they tell me why they think it moved them,
Assessment
The teacher will assess the student presentations visa via multimedia and the quality of the
student debate. The teacher will review all of the students’ written products.
JUVENILE LAW TERMS COMPARED WITH ADULT LAW TERMS
(Reprinted from Street Law Text, page 188)
Juvenile Law Term
Corresponding Adult Law Terms
Offense
Crime
Take into Custody
Arrest
Petition
File Charges
Denial
Not Guilty Plea
Admission
Guilty Plea
Adjudicatory Hearing
Trial
Found Delinquent
Found Guilty
Disposition
Sentencing
Detention
Jail
Aftercare
Parole
CASE 1: The Bicycle Assault
A 17-year-old girl drove her car alongside a man who was traveling 30
mph on his bicycle. A 17-year-old boy leaned out the passenger window
and pushed the 52-year-old man on his bicycle to the ground. They
drove off, laughing. The man suffered a punctured lung, five broken ribs
and a shattered right arm.
CASE 2: The Crutches Assault
Three 17-year-old boys and a 16-year-old boy drank a case of beer and
drove to a park one night and started shouting at a boy in crutches who
was already at the park. A fight erupted, and the group used the boy’s
crutches to attack the victim, a high school senior. The group continued
to attack the boy on crutches until he was unconscious. He was left
partially paralyzed and suffered a fractured skull and brain swelling.
Article 1: The Bicycle Assault & Crutches Assault
Source: Seattle Times, 2/14/03: “Comparing 2 assault cases: Criminal intent makes a difference.”
By Michael Ko (redacted)
The two crimes seem similar enough. Two malicious moments of aggression. Two seriously
wounded victims. Two groups of 16- and 17-year-olds tried and convicted in King County.
• Two Issaquah teenagers who pushed a pastor off a moving bicycle last March were convicted
of second-degree assault and sentenced to up to nine months in juvenile detention.
• Three Kirkland teenagers who beat a high-school senior with his own crutches a few days later
were convicted of first-degree assault, and today, in King County Superior Court, they face
spending the rest of their youth locked up in the adult jail system. The normal range is 8½ to 12
years, though a pre-sentencing agreement could cut the time to 5 to 6 years.
Why the two dissimilar sentences?
Prosecutors working the cases think the crimes are that different. They say the legal principle of
criminal intent, as well as strict legislative mandates, help explain why.
Christine Wendt, who prosecuted the bicycle assault, describes her case as a "very classic
juvenile crime. It appeared to have been done fairly spur of the moment. They didn't really
consider in advance, or understand after the fact until they were arrested, how seriously the
pastor was injured."
Dan Soukup, head of the county's Juvenile Division, who prosecuted the crutch assault, says his
case differs because "it's not a situation where there is a push — 'Let's go screw with this guy,
drive off, ha ha ha.' They hit the kid once, then they continue to hit him until he goes down, then
they hit him again until he stops moving. Their intent was clear. They created a probability of
death."
The principle of intent is so important to state criminal law that the mandatory first-time offender
sentence for first-degree assault, defined as an attack with intent to cause great bodily harm, is 15
to 21 months longer than it is for first-degree manslaughter, defined as causing a death by a
reckless action.
The range for first-degree assault is seven years, nine months (7.75 years) to 10 years, three
months (10.25 years). The range for first-degree manslaughter is six years, six months (6.5 years)
to eight years, six months (8.5 years). The use of a dangerous weapon, such as a crutch, usually
enhances sentences by two years.
Similar to manslaughter, second-degree assault is defined as causing substantial bodily harm by a
reckless act.
On March 25, a girl, 17, drove her car alongside the Rev. David Tinney, a Bellevue pastor, who
was traveling 30 mph on his bicycle. A boy, 17, leaned out the passenger window and pushed
Tinney, 52, to the ground. They drove off, laughing. The Seattle Times is not naming the youths
because they were tried as juveniles.
Tinney suffered a punctured lung, five broken ribs and a shattered right arm. He is still
recovering.
Soukup says prosecutors might have pursued first-degree charges if, for example, the boy had
waited until the pastor was near a ditch or a cliff and then pushed.
Five days later, James Conley, Michael Gipson and Montgomery Manro, all 17, and Adam
Sigurdson, 16, students at Juanita High School, drank a case of beer, drove to a Kirkland park
and shouted at two Inglemoor High School students, Sean Machak and Keleka Ho'okano.
A fight erupted. Machak was left partially paralyzed and unconscious. The teens had used one or
both of Machak's crutches in the attack. A jury concluded Manro was only partially involved and
convicted him of fourth-degree assault; he'll be sentenced later.
When prosecutors settled on the first-degree charge for the other three, legislative mandates
became a factor. Politicians have established stricter criminal-law guidelines, reducing the
discretionary role of judges who handle cases involving juveniles.
For example, state law requires anyone who is 16 or 17 to be charged automatically in adult
court for certain crimes, such as first-degree assault. The defendants in the crutch case had no
choice but to face adult time.
But there are exceptions, which is what might happen today at the sentencing.
"There's no legal basis for this (pre-sentencing accord), other than all the parties have all agreed
to this," Soukup says. "We can't lose sight of the fact that they're children. We want to take into
account the fact that they're young, they're turning their lives around, and they all have great
community support.
"Given the circumstances, five years is still a pretty good chunk of change." Part of the
agreement is that the families of the defendants not appeal.
The Legislature is considering a "youthful offender sentencing alternative" bill, for juveniles
sentenced in adult court for any crime other than first- or second-degree murder.
Offenders who meet certain criteria could have their sentences suspended and be transferred into
a juvenile correctional facility administered by the state.
They would be released no later than their 21st birthday.
CASE 2: Crutches Assault
Source: Seattle Times, 2/15/03: “Reduced sentences for three who attacked teen with his own
crutches” (redacted)
By Sarah Jean Green
On March 30, Conley, Gipson, Sigurdson and Montgomery Manro, 18, drank a case of beer,
drove to a Kirkland park and shouted at Machak and his best friend, Keleka Ho'okano, who were
walking along the waterfront.
Manro and Gipson chased Ho'okano, punching and threatening him. Gipson ran back and joined
Conley and Sigurdson in attacking Machak with one or both of his crutches, which he was using
because of a broken foot. Machak was beaten unconscious and lay on the ground, foaming at the
mouth.
Conley, Gipson and Sigurdson were convicted in December of first-degree assault with a deadly
weapon, a charge that normally carries up to 12-1/4 years in prison.
The sentences — five years for Conley and Gipson, six for Sigurdson because he has a juvenile
record — were the result of an agreement struck between the King County prosecutor and
defense attorneys only days earlier and were about half the length of prison time they could have
gotten.
In a separate hearing yesterday, Jones sentenced Manro, whom a jury convicted of two counts of
fourth-degree assault, to seven months in King County Jail and one month of community service.
Yesterday's proceedings were highly unusual, with Jones accepting the 11th-hour sentencing
agreement. Without the agreement each of the young men would have served roughly 10 to 12
years in prison. With time off for good behavior, Conley and Gipson could be out of prison in a
little more than 4 1/2 years and Sigurdson in less than 5-1/2 years.
In return for the lighter sentences, each defendant waived his right to appeal the jury's verdict.
The deputy prosecutor who handled the case said it was a fair deal, though he admitted "in this
case, there was no legal basis to go below the standard range."
"It would be disingenuous not to take into account the fact they were juveniles at the time they
committed the crime," Dan Soukup said. All three have "immense community support" and are
taking strides to improve their lives, he said.
Larson, the chief criminal prosecutor, said in an interview after the hearing that he offered
below-standard sentences because the difference between the punishment for juveniles and
adults is so great.
Five years is no slap on the wrist — it is a tough-minded sentence," Larson said. "These were
young men involved in a serious crime. But the gulf between juvenile and adult sentences is
extremely vast. We look at some of the cases where that gulf is very broad and, in some cases,
moderate down."
Still, such a deal almost never happens — and it's even more rare for prosecutors to recommend
an exceptionally low sentence after a jury has delivered its verdict.
"It is unusual that the agreement happened post-trial, post-conviction," said county prosecutor's
spokesman Dan Donohoe.
University of Washington law professor John Junker agreed. "Usually a prosecutor offers a deal
before the trial," Junker said. "You can have it if you plead, but if not, you get a lot more time" in
prison.
Last year, there were 70 first-degree assault sentences statewide; of those, 19 were in King
County. There were three exceptional sentences granted for first-degree assault in King County,
but all were increased, not reduced, said Teresa Waller, a research analyst for the Sentencing
Guidelines Commission.
Assault in the first degree
A person is guilty of assault in the first degree if he or she, with intent to
inflict great bodily harm:
(1)
(2)
Assaults another with a firearm or any deadly weapon or by any
force or means likely to inflict great bodily harm or death; or
Assaults another and inflicts great bodily harm
Assault in the second degree
A person is guilty of assault in the second degree if he or she, under
circumstances not amounting to assault in the first degree:
(1)
(2)
(3)
Intentionally assaults another and thereby recklessly inflicts
substantial bodily harm; or
Assaults another with a deadly weapon; or
Knowingly inflicts bodily harm which by design causes such
pain or agony as to be the equivalent of that produced by
torture.
Assault in the third degree
A person is guilty of assault in the third degree if he or she, under
circumstances not amounting to assault in the first or second degree:
(1)
(2)
With criminal negligence, causes bodily harm to another person
by means of a weapon or other instrument or thing likely to
produce bodily harm; or
With criminal negligence, causes bodily harm accompanied by
substantial pain that extends for a period sufficient to cause
considerable suffering.