Lesson to Accompany Video Clip: Forgive Us Our Trespasses

Transcription

1 Lesson to Accompany Video Clip: Forgive Us Our Trespasses Time Needed for Lesson 45 minutes for lesson and completion of handout. Allow time at beginning of next class to review the handout and discuss the worksheet quote. Overview n this lesson, students learn about the ixth Amendment s speedy trial clause in order to help them better understand due process protections. The video clip serves as a catalyst for a discussion of the benefits and drawbacks of constitutional rights. Correlation to Other Lessons This lesson is similar to another Homicide lesson entitled Zen and the Art of Murder. That clip demonstrates the importance of the speedy trial requirement for both prosecutors and defendants. As time passes, witnesses in the clip struggle to remember important details and have trouble identifying suspects. Outcomes tudents will be able to: Define due process dentify advantages and disadvantages of a speedy trial to prosecutors dentify advantages and disadvantages of a speedy trial to defense attorneys and defendants List at least three due process rights that criminal defendants have Discuss the advantages and disadvantages of criminal due process rights for defendants and for society Link to CCE s National tandards for Civics and Government.D.2. Judicial protection of the rights of individuals. tudents should be able to evaluate, choose and defend positions on current issues regarding the judicial protection of individual rights. Context of the Clip n this clip, a man has been accused of killing several women using the nternet to help him locate the victims. He is awaiting trial. The officers involved in the case come to court to testify in his trial, but the trial is delayed several times because of an overburdened court system. Because the suspect has been held for more than 180 days without a trial, his lawyer requests a dismissal of the charges under Hicks Rule, Maryland s version of the ixth Amendment. The judge dismisses the case and releases the suspect. The episode then shows the officers coming to grips with the reality of the due process protections afforded criminal suspects. At the end of the program, which students do not see, the suspect is mysteriously killed. Teaching Tips 1. Before students enter the classroom, cue the tape to the beginning of this segment. Arrange the students desks in a horseshoe shape with desks paired so there is an inner horseshoe and an outer one, with all desks facing the front of the room. f that is not possible, arrange them in an even number of parallel rows. Write the following (on the board or overhead projector): n all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury

2 Amendment V, U.. Constitution 1. Tell students that some defendants cannot afford or do not qualify for bail. When this happens, they are held in custody until trial. ixth Amendment protections should serve to limit the time spent in jail before trial. Otherwise, the presumption of innocence may be compromised. 2. Have students read the statement, and ask them the following focus question: How speedy should a trial be in order to conform with the speedy trial requirement of the ixth Amendment? 3. olicit responses from the students using follow-up questions to help them focus their ideas. tudents may try to give specific lengths of time, for instance two weeks, four months, etc. They may also come up with indeterminate lengths of time, stating that a trial must come within a reasonable length of time. Write their responses on the board. 4. Once you have gathered their ideas on the board, ask students specific questions to narrow their ideas about speedy trial requirements. For instance: How much time do they think it takes for a prosecutor to form a case against a suspect? f a case is complicated, should the amount of time to go to trial be lengthened? How much time do they think it takes for a defense attorney to mount a defense? f it is taking a long time to put together a good defense, should the defendant be able to waive the right to a speedy trial? What if the courts are clogged with cases? s it acceptable to postpone a criminal trial because the courts do not have enough rooms or personnel to conduct all of them speedily? 5. After discussing their ideas, the students will likely understand that the speedy trial clause of the ixth Amendment is open to interpretation and depends on the context of particular cases and courts. Explain that each state determines its own rules for speedy trials, and that even these rules can be flexible depending on what the courts determine to be a reasonable cause for delay. 6. Explain to students that they will now watch a video clip from the Homicide television series that will help them understand how Maryland (the show takes place in Baltimore) defines a speedy trial. Ask students to pay close attention to the clip and look for the information on Maryland s speedy trial requirements. You may wish to show the video clip twice (it is just under three minutes long) if students have difficulty. 7. Discuss the video clip with students. Ask the following focus questions to check for understanding, record student responses on the board: How soon must a trial take place in Maryland? 180 days based on the case of Maryland v. Hicks. What happens if a trial does not take place within that time period? The charges may be dropped and the defendant may be set free. What is the benefit of having the speedy trial rule for the suspect?

3 t protects the suspect from detention by the government before guilt is proven. What is the benefit of having the speedy trial rule for the prosecutor? t ensures that the evidence is still relevant and that witnesses are still alive and willing to testify. What is the drawback of having a speedy trial rule for the defendant? t is possible that there is not enough time to mount an adequate defense, though usually the suspect can waive right to speedy trial. What is the drawback of having a speedy trial rule for the prosecutor? t is possible that there is not enough time to build a case and the suspect may be freed. Are you aware of other protections that the Constitution gives criminal suspects? tudent answers will vary, but they will probably be familiar with at least those protections listed in the Miranda warning. Use this question to segue into the next activity. *For additional information on the speedy trial clause, see the Legal Background Notes. 8. Explain to students that the speedy trial requirement is just one of many Constitutional protections afforded the accused. These protections together are called due process protections because they ensure that suspects are treated fairly in the criminal justice system ( due in this sense means giving the accused what they deserve, or are due, under the law). 9. Define due process and ask students to copy the definition into their notebook. Due process: Fair treatment. The government must follow certain legal procedures before it can deprive an individual of life, liberty, or property. 10. Tell students that they will now conduct an activity that will help them learn about other due process rights, some of which they have already named in step eight of the lesson and are already familiar with from television and other sources. 11. Distribute tudent Handout: Due Process Rights in the Constitution. Divide students into groups of two and assign each group a number from two to ten. (f you have more than eighteen students in your class, some groups will have the same number.) Have students sit next to their partner so one member of the pair is in the inner part of the horseshoe and the other is in the outer part. Ask students to read the columns of the worksheet titled, Due Process Right and n Plain English. Then model the first example for them, explaining the advantages disadvantages for individuals and for society. 12. Next ask them to complete the row of the chart that corresponds to the number of their group. o, for instance, group two will do row two. Give them five minutes to complete this task. 13. Next have students share their findings with another member of the class. Do this by having the students in the outer part of the horseshoe stay where they are and having the students in the inner part stand up and rotate clockwise one position. et a timer for one minute. Have one member of the new pair present his or her findings. Then set the timer again for one minute and have the

4 other member of the pair share his or her findings. Repeat this procedure three more times. This will allow students to complete about half of the worksheet, and will give them enough of an understanding to complete the objectives. 14. Review the chart with students as necessary, clarifying their basic understanding of the due process rights given to the accused in the Fifth and ixth Amendments. Ask students if there are any general conclusions they can draw about the advantages and disadvantages of due process rights for individuals and for society. n their analysis, they should mention that there are costs associated with constitutional rights in that what is advantageous for an individual may be disadvantageous for society. 15. Debrief the lesson by having students do a final think-pair share with the individual seated next to them. They should discuss the following: What is due process? What are the advantages of rights, such as the right to a speedy trial, to the accused? What are the disadvantages of such rights? Why would prosecutors want to honor a right such as the right to a speedy trial? What are the disadvantages to society when rights such as this one are protected? 16. Conclude with the Reality Check below. Reality Check n real trial situations, the time limit for a speedy trial is rarely a hard and fast rule. Courts give a great deal of latitude to prosecutors, defense attorneys, and the court system itself with regard to the time needed to bring a trial to court. A judge would never dismiss a case immediately without a state s attorney present. Clients invariably waive that right. Why would a dramatic series distort the legal process as this clip did? What effect is achieved? Do television shows have a responsibility to depict the legal process accurately? Why or why not? 17. f there is time in class, or as a homework assignment, distribute Optional tudent Handout: Due Process Rights Reflection. Ask students to analyze Jane Addams quotation in terms of its significance for due process rights and the video clip they watched earlier. tudents should see that even though the suspect in the clip may have been a despicable person, the rule of law applies equally to those we find respectable and those we find reprehensible. Legal Background Notes The speedy trial clause was included in the ixth Amendment of the U.. Constitution in an effort to reject the British practice of allowing accused criminals to remain in prison for long periods of time between indictment and trial. t is one of many provisions in the Fourth, Fifth, ixth, and Eighth Amendments that provide due process rights to the accused. These rights should be examined in the broader context of the Framers intent to create a limited government with powers circumscribed by law. t is difficult to determine exactly how soon a trial must occur in order to comply with the speedy trial clause. The United tates upreme Court has heard a number of cases on the speedy trial guarantee but has refused to declare a specific time limit. nstead, the Court has established a balancing test that

5 considers the length of delay, the reasons the delays occurred, how much the delays have harmed the defendant, and at what point the defendant asserted his or her right to a speedy trial. As a result, states have ample latitude to determine their own rules. To find out what your state s rules are, go to: Many states have rules that require a trial within six to eight months of arrest or formal charge. After this point in time, a judge may have to examine the circumstances of the delay to determine whether a defendant s rights have been violated. n the video clip, the 180-day speedy trial rule is known in Maryland as Hicks Rule after the court case tate of Maryland v. Hicks. n , this issue was at the forefront of Baltimore politics because charges were dismissed in several cases due to speedy trial violations. Crowded court dockets and limited court resources can thwart the speedy trial guarantee. n practice, however, courts rarely dismiss cases based on speedy trial violations. Those working in the system are aware of their state s speedy trial requirements and plan accordingly. n addition to state procedural rules for speedy trials, there are also federal speedy trial rules laid out in the U.. Federal Code (18 UC ec. 3161). These rules, which apply to the federal courts, are more strict than many at the state level. As with state speedy trial laws, the U.. Code allows for a reasonable extension of time for delays such as those caused by the absence of the defendant or key witnesses or other proceedings concerning the defendant. uggestions for Using Resource People nvite a school resource officer, prosecutor, defense attorney, judge, or law student into the class to help conduct the lesson. They can help students understand some of the distortions of legal procedure in the video clip. Ask students to prepare questions for the guest based on what they know (or think they know) about due process protections. n particular, these resource people would likely know your state s speedy trial requirements. ome questions to ask the resource people about speedy trial requirements include: Where is an accused person detained while waiting for trial? What is bail? How is it set? How do judges decide who is eligible for bail and who is not? What is an indictment? s it likely that a trial would be postponed because someone forgot to pick up the defendant for the trial? How close are the courtroom and the detention facility? What is your state s rule regarding speedy trials? Have you ever seen charges dismissed because the accused was not given a speedy trial? What factors can delay the beginning of a trial? Which side of a case is more likely to delay a trial, the prosecution or the defense? How much time do prosecutors and defense attorneys typically need to prepare for trial? (Obviously the answer will vary depending on the seriousness of the crime and the complications of the case, but what is typical?) Beyond the Classroom Have students: Research the rules for speedy trials in their own state.

6 nterview local police, prosecutors or defense attorneys to determine whether the local court system is having trouble managing the number of cases and why. tudents can then take the material and develop a policy recommendation to help resolve the problem. Determine who should be invited to the classroom to speak on the subject of speedy trial and other due process protections. tudents can make the calls or write letters to the resource people. Resources Associated Press, Maryland Court Backlog Causes Murder Charges to be Dropped, Norfolk Virginian-Pilot, January 7, 1999, p. A6. Francke, Caitlin and cott Higham, wift Trial Ruling Voided; Court of Appeals ays Delay by tself Doesn t Matter Under Maryland Law; Relief for Court Officials; Decision ets tage for Possible Reversal of Other Dismissals, The un (Baltimore), July 29, 1999, p. 1A. Hettena, eth. Judge Frees Murder Defendants Because of Clogged Courts, Milwaukee Journal entinel, January 7, 1999, p. 3A. Hall, Kermit L., ed. The Oxford Companion to the upreme Court, Oxford University Press, Murder Charges Against 4 Dropped, Los Angeles Times, January 7, 1999, p. A16. Penn, van, 150 City uspects Jailed Over a Year Waiting Trial: Rape Defendant Freed in Part Because Case is Nearly 2 Years Old, The un (Baltimore), February 3, 1998, p. 1A. 18 UC ec (federal speedy trial procedure) FindLaw (

7 Forgive Us Our Trespasses tudent Handout: Due Process Rights in the Constitution Read through the Fifth and ixth Amendments to the Constitution. For the clause you are assigned, determine the advantages and disadvantages of including such a protection for the accused. FFTH AMENDMENT 1 2 Due Process Right n Plain English Advantage for ndividual () or ociety () No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury ; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; An individual who is accused of a serious crime cannot be held in jail unless a designated group of citizens determines that there is enough evidence to justify doing so. An individual cannot be tried twice for the same crime. Disadvantages for ndividual () or ociety () nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty or property, without due process of law; nor shall private property be taken for public use, without just compensation. An individual does not have to say anything to the police or in court when charged with a crime. The government must follow proper legal procedures when determining whether to punish an individual. f the government takes your property for public use, it must reimburse you at the fair market value.

8 tudent Handout: Due Process Rights in the Constitution (continued) XTH AMENDMENT 6 7 n all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; An accused person has the right to a trial which occurs within a reasonable time after he or she has been accused, is open to the public, and is before an unbiased jury. An accused person must be told what crime he or she is being charged with. 8 to be confronted with the witnesses against him; An accused person shall be able to know who the witnesses against him or her are, hear what they have to say, and crossexamine them. 9 to have compulsory process for obtaining witnesses in his favor, and An accused person can require witnesses to testify on his or her behalf. 10 to have the assistance of counsel for his defense. An accused person is entitled to a lawyer.

9 Forgive Us Our Trespasses Optional tudent Handout: Due Process Rights Reflection f the meanest man in the republic is deprived of his rights, then every man in the republic is deprived of his rights. Jane Addams (1903) n the space below, explain the significance of the quotation above considering what you know about the rights of the accused and what you saw in the Homicide video clip, Forgive Us Our Trespasses.