6 th Grade. CONSTITUTION DAY SEPTEMBER 17 Classroom Activity

Transcription

1 6 th Grade CONSTITUTION DAY SEPTEMBER 17 Classrm Activity Purpse The gal f this activity is t intrduce 6th grade students t the 6th Amendment f the U. S. Cnstitutin (guarantee f an impartial jury fr criminal defendants). The materials illustrate hw the American jurr selectin prcess differs frm the jury selectin prcess used in ancient times during the Rman Republic. The tpic is intended t cmplement the 6 th grade scial studies fcus n wrld histry. Frmat minute interactive (Scratic style) lecture abut the Sixth Amendment Review case f Michiana v Rbin Birdsng Students d the exercise Students reprt the results f American vs Rman jury selectin Materials Needed: Pwer Pint (n thumb drive r t yur teacher ahead f time) Jurr Wrksheets (30 per class) Envelpe with Jurr Names Pre-Cut Out and placed inside - 1 -

2 Interactive Lecture (10-15 minutes) Intrduce yurself and spend a cuple f minutes telling the students what kind f law yu practice. Make yur lecture interactive by asking the students if they knw sme f the fllwing infrmatin: Cnstitutin Day is bserved n September 17 th each year t remind us abut the imprtant prtectins and rights f all Americans granted by the United States Cnstitutin. In Clnial America, rdinary citizens believed their rights were frequently vilated under English rule. In 1787, after the Revlutinary War, America s funders drafted a Cnstitutin fr gverning the United States f America. American citizens wanted prtectins fr individual rights included in the Cnstitutin. The funders based the U. S. Cnstitutin n lngstanding principles and traditins that can be traced back t the Rman Republic. Twelve Amendments t the Cnstitutin were prpsed stating individual rights f rdinary American citizens that culd nt be taken away by the gvernment. Only 10 f the prpsed Amendments were apprved by all f the States. Thse 10 Amendments are knwn t day as the Bill f Rights. The Sixth Amendment t the Cnstitutin guarantees Americans the right t a fair trial. The Sixth Amendment states: In all criminal prsecutins, the accused persn shall have the right t a speedy and public trial, by an impartial jury f the State where the crime has been cmmitted, the right t knw the crime he r she is accused f, the right t cnfrnt witnesses against him r her, the right t cmpel witnesses in his r her favr, and the right t assistance f defense cunsel

3 IN THE UNITED STATES TODAY. Any citizen can accuse anther persn f a crime and ask t have the crime investigated and prsecuted by the State. If the State determines that a crime has been cmmitted, the State n behalf f the peple represents the victim. Criminal defendants are guaranteed the right t an attrney, and, in sme cases, an attrney may be appinted by the curt t represent a criminal defendant. Men and wmen serve as jurrs and must: be American citizens speak English live in the cunty where the trial is held be 18 r lder have n prir felny cnvictins. Jury service is a tw step prcess. Jurrs are selected randmly t frm a jury pl. Each member is called individually fr questining t determine if he r she is biased fr r against the accused. This prcess is called vire dire (t speak the truth). Bth sides f a case can remve a jurr fr n reasn until bth sides have agreed upn twelve jurrs fr a criminal trial. The intent f vire dire is t select an unbiased and impartial jury. Trials include pening statements, examinatin and crss examinatin f witnesses, ther evidence such as dcuments, and clsing arguments. The jury f 12 hears the testimny and cnsiders the evidence presented in the trial case. The judge gives the jury instructins abut what each side must prve t the jury, and then the jury cnsiders the evidence in private t reach a verdict. All members f the jury must agree n guilt r inncence r the defendant ges free. Jury verdicts can be appealed

4 IN ROMAN TIMES. In 450 BC, rdinary citizens f the Rman Republic claimed their liberties were nt prtected by the gvernment because unwritten laws were applied t them by judges wh were members f the upper classes f sciety. T answer the cmplaints, the gvernment srted existing laws and custms int categries and wrte them dwn n Twelve Tables. The Twelve Tables cntained the rights f Rman citizens befre their gvernment and they were placed n public display in the Rman Frum fr all t see. Arund 80 BC the Rmans established jury curts t hear the trials f Rman citizens wh were accused f a crime. Jury curts had a judge and jurrs. Only men frm the upper classes f sciety culd serve as jurrs, and jurrs were chsen by lt. Bth parties culd ask t replace a jurr, but n frmal prcedure was in place t determine if an individual jurr was biased abut the case r the accused persn Only male Rman citizens culd accuse anther f a crime and ask t prsecute him r her befre a jury curt. Accusers culd cnduct their wn prsecutin. Accused persns culd either represent themselves r be represented by smene wh had public speaking experience but wh was nt an expert in the law. Lawyers existed, but they ffered advice utside the curt trial and they culd nt be paid. The jury f peple heard the testimny, cnsidered the evidence, and decided the accused persn s guilt r inncence by majrity vte. Only a majrity vte was required. If the jurrs were evenly split, the defendant went free. Persns fund guilty f the crime culd nt appeal the jury verdict

5 Definitins Jury Selectin by lt : randm, haphazard, accidental, withut plan r design Jury Selectin by vire dire : French t speak the truth, questining a persn t determine suitability and qualificatins as a jurr, identify bias fr r against the accused Impartial : Unbiased, disinterested, bjective, neutral, fair - 5 -

6 STATE OF MICHIANA v ROBIN BIRDSONG Rbin Birdsng is a famus rck star wh gives a cncert every summer in Tuneville, Michiana. The cncert is held in Cherry Hill Park and hundreds f Tuneville residents turn ut each year fr the event. Rbin dnates the mney earned frm the cncert ticket sales t HELP OUR PETS, (HOP) a lcal charity that finds hmes fr unwanted and stray animals. Rbin spent tw weeks in Tuneville last July preparing fr the cncert. Recently, Rbin has been charged by the State f Michiana with breaking int HOP s ffices while he was in twn and stealing a large sum f mney. Rbin denies the charges and entered a plea f nt guilty with the curt. The case is set fr trial and jury selectin takes place tday. Rbin is prtected by the Sixth Amendment t the United States Cnstitutin which guarantees that: In all criminal prsecutins, the accused persn shall have the right t a speedy and public trial, by an impartial jury f the State where the crime has been cmmitted. Keeping in mind that Rbin is entitled t an impartial jury, review the list f ptential jurrs in the Jury Pl. Use yur best judgment based n the infrmatin given abut each ptential jurr t decide whether r nt that persn wuld be fair and impartial in hearing Rbin s case. The twelve jurrs yu chse will decide whether Rbin is guilty r nt guilty f the crime

7 JURY POOL X ut all Jurrs wh wuld nt be impartial and Circle all Jurrs wh wuld be impartial. If yu have time, write why certain jurrs wuld nt be impartial. 1. Apple Keys: Rbin s high schl guitar teacher wh attends every cncert 2. Jay Blues: Only listens t pera and has never heard f Rbin Birdsng 3. Meldy Smith: Vlunteers weekly at HOP and rescued 4 dgs and a parrt 4. Billy Tenr: A lcal radi annuncer wh jgs past HOP ffice every day 5. Susie Spran: Sftware engineer and President f Rbin s Fan Club 6. Chris Clef: Wants a jb in Rbin s band and plays keybard 7. Pat Trmbni: Delivers pizzas and was rbbed tw years ag 8. Henry Highnte: Was laid ff at HOP and is nw unemplyed 9. Terry Tnedeaf: His neighbr wrks with Rbin s cusin s sister in law 10. Harmny Bell: Teaches 6 th grade and vlunteers at the Red Crss 11. Freddie Alt: Grew up in the same twn as Rbin s grandmther 12. Gertie Grammy: Sells ppcrn and ht dgs at cncerts in Cherry Hill Park 13. Flash Flutey: Internet crime reprter in Tuneville, cvered HOP rbbery 14. Sally Turnip: Owns a flwer shp and prmtes edible gardening 15. Tny Treble: A security guard at the Tuneville Outlet Mall - 7 -

8 16. Mimi Timestep: Lcal tap dancer in Cherry Hill Park perfrmances 17. Bbbie Rhyme: Writes petry and watches Animal Planet weekly 18. Clara Nette: Librarian in Tuneville wh lves Italian art and histry 19. Curly Ppp: Walked his dg past HOP n the night f the rbbery 20. Tm Riddle: Lcal magician accused f identity theft three years ag 21. Vila Sweet: Has a farm in Tuneville and raises gats and chickens 22. Calvin Cwherd: Directr f Tuneville Cmmunity Veterinary Hspital 23. Barb Belltne: Rescues abandned puppies and kittens fr HOP 24. Stan Shunpike: Drve the night bus past HOP abut the time f the rbbery 25. Cnrad Birdie: Rbin s favrite uncle and biggest cncert spnsr 26. Elphie Green: Lives next dr t HOP s directr and dislikes his kids 27. J Rcker: Was caught stealing vide games frm the mall last winter 28. Stewart Drum: Has a bicycle grcery delivery business and a pet snake 29. Lucy Lucky: Gets free cncert tickets frm Rbin s band member 30. Ted Stmper: Plays hckey fr the Tuneville Tumblers - 8 -

9 PICK YOUR JURORS BY LOT DID ROBIN GET A FAIR TRIAL WITH THE JURORS CHOSEN BY LOT? Apple Keys Freddie Alt Vila Sweet Jay Blues Meldy Smith Billy Tenr Susie Spran Chris Clef Pat Trmbni Henry Highnte Terry Tnedeaf Harmny Bell Gertie Grammy Flash Flutey Sally Turnip Tny Treble Mimi Timestep Bbbie Rhyme Clara Nette Curly Ppp Tm Riddle Calvin Cwherd Barb Belltne Stan Shunpike Cnrad Birdie Elphie Green J Rcker Stewart Drum Lucy Lucky Ted Stmper - 9 -