Law and Society Thomas Jefferson High School for Science and Technology Standards, Benchmarks, and Indicators Law and Society is social studies elective taught at Thomas Jefferson High School for Science and Technology. It is a variation of the FCPS Law in Action. The course is open to all students, grades 10-12. Given the unique student population at TJ, Law and Society differs from Law in Action in several ways: The course does not overlap with AP Government which all students will take their senior year at TJ. Hence, most references to court cases, units on civil rights and civil liberties, and a detailed look at the Constitution are not included in the course. Given the technology focus of the school and the students, a unit on cyber law is included in Law and Society. Greater emphasis is given to case studies, analysis of legal theory and philosophy, and scholarly works dealing with the law and its role in a democratic society. Family law, consumer law, and juvenile justice units are not taught at TJ and instead are replaced with units on cyber law and law and terrorism in addition to greater depth and analysis the criminal law and civil law units. Similar to Law in Action, Law and Society has a unit the fundamentals of law and emphasizes social studies skill building throughout the course. The Standards, Benchmarks, and Indicators here are for a one-semester Law and Society course as taught at TJHSST. It should also be noted that the order of the Law and Society curriculum does not exactly match up with Law in Action. This document only represents standards, benchmarks, and indicators that are taught in the course. It does not represent a course guide or curriculum map. A Law and Society syllabus is attached with provides the course goals and objectives and a breakdown of the units of study. Standard LA 1: The student will improve citizenship and life skills. Benchmark 1.0: The student will improve citizenship and life skills. 1.0 Performance Indicators A. Apply citizenship and life skills through active participation in simulations and role play activities. B. Apply legal theories and information to scenarios and case studies. C. Examine and evaluate information systematically for source, purpose, audience and point of view. D. Identify, analyze, discuss, and formulate their own position regarding current public issues. E. Assess events, trends, processes and decision makers for similarities and differences. F. Recognize disputes between parties and use systematic processes to attempt to resolve such disputes. G. Communicate understanding and synthesis of information by constructing a thesis-based argument using specific evidence. H. Appreciate a diversity of viewpoints. I. Examine career opportunities within the legal field.
Standard LA 2: The student will demonstrate knowledge of how laws are developed in society. Benchmark 2.0: The student will examine why laws are necessary in a democratic society. 2.0 Indicators: Students will reach this benchmark when they are able to: A. Explain how laws result from the necessity of social order in society. B. Evaluate the use of ethics and prevalent moral codes as the basis of law in society. C. Explain why the rule of law is important in a democratic society. D. Define what we mean by law and how the definition of the term can impact how laws are interpreted. E. Distinguish between rules and regulations. F. Distinguish among violation, infraction, breech, and crime. Benchmark 2.1: The student will understand the structure of the United States legal system. 2.1 Indicators: Students will reach this benchmark when they are able to: A. Describe the function of the U.S. Constitution as the supreme law of the land. B. Identify the structures of the local, state, and federal court systems. C. Describe the appeals process in the United States legal system. D. Define and explain the differences among civil and criminal law, international law, and common law. E. Define jurisprudence and its importance to the study of law. F. Analyze how values play a role in law making. G. Analyze how blue laws and Good Samaritan laws reflect societal values. Benchmark 2.2: The student will understand the historical underpinnings of law in the United States. 2.2 Indicators: Students will reach this benchmark when they are able to: A. Describe the impact of important in legal theory development from Hammurabi s Code to codification of Greek and Roman law. B. Analyze the effect historical events, writings, and cases have had on the development of law in the United States. Standard LA 3: The student will demonstrate knowledge of criminal law. Benchmark 3.0: The student will understand the types of crime. 3.0 Performance Indicators 2
A. Distinguish crimes against people from crimes against property. B. Define the major crimes committed against people, including assault and battery, homicide, and rape. C. Define the major crimes committed against property, including arson, burglary, embezzlement, extortion, forgery, larceny, receiving stolen property, and vandalism. Benchmark 3.1: The student will understand the classification of crimes. 3.1 Performance Indicators A. Define the terms felony and misdemeanor. B. Examine the relationship of the local, state and national governments in classification of crimes. Benchmark 3.2: The student will understand the causes of crime and the relationship of crime to other issues in society. 3.2 Performance Indicators A. Identify the economic and social reasons crimes are committed. B. Interpret crime data. C. Analyze the relationship of gangs and crime. D. Analyze the role played by alcohol and drugs in criminal offenses. E. Examine how bad parenting is a cause of crime. F. Study the broken windows theory as a cause of crime and examine how remedies to the theory are being applied in urban areas to help reduce crime rates. G. Study the ideas of Freakonomics author Steven Levitt help explain reduced crime rates in the 1990s. F. Analyze the differences between distal and proximate causes of crime and explain why public policies (see E above) often only deal with proximate causes. Benchmark 3.3: The student will understand the parties to criminal acts. 3.3 Performance Indicators A. Define the terms accomplice and principal. B. Distinguish an accessory before the fact from an accessory after the fact. C. Analyze scenarios to determine the parties to the criminal act(s). D. Examine accomplice liability and the three defenses that exists for the charge of accomplice. Benchmark 3.4: The student will understand crimes of omission and preliminary crimes. 3
3.4 Performance Indicators A. Define the terms attempt, conspiracy, crime of omission, and solicitation. B. Analyze scenarios to establish the type of preliminary crime. Benchmark 3.5: The student will understand the Model Penal Code and how it is used by governments to write and classify criminal laws. 3.5 Performance Indicators A. Define the Model Penal Code (MPC) and explain its history. B. Identify and describe the four states of mind defined by MPC necessary for criminal behavior. C. Define the terms actus reus and mens rea as the two elements necessary for criminal acts. D. Explain the concept of blameworthiness. E. Explain the concept of culpability and the doctrine of culpability. Standard LA 4: The student will demonstrate knowledge of the criminal trial process. Benchmark 4.0: The student will understand the process of investigating crime. 4.0 Performance Indicators A. Identify the steps in the investigation process including arrest, search and seizure, and interrogation. B. Explain the legal and constitutional requirements necessary for police to make an arrest. C. Explain the role of warrants in searches and seizures. D. Examine the development in the interpretation of the Fourth Amendment through Supreme Court cases such as New Jersey v. TLO (1985), Mapp v. Ohio (1961), and others. E. Discuss issues related to search and seizure such as profiling and right to privacy. F. Explain the constitutional requirements for questioning of suspects and defendants by the police using precedent, including Escobedo v. Illinois (1964), Miranda v. Arizona (1966), and others. Benchmark 4.1: The student will understand the criminal pre-trial process. 4.1 Performance Indicators A. Identify the steps in the pre-trial process including booking, bail, preliminary hearings, pretrial motions, and plea bargaining. B. Identify the purpose of bail and describe the bail process. C. Identify circumstances in which bail may or may not be granted. 4
D. Examine the role of the Eighth Amendment in bail decisions. E. Describe the requirements for a person to be released on personal recognizance. F. Define nolo contendere. G. Identify types of pre-trial motions. H. Define the Exclusionary Rule. I. Evaluate the role of plea bargaining in the pre-trial process. Benchmark 4.2: The student will understand the criminal trial process. 4.2 Performance Indicators A. Explain the rights of the accused at trial, including the Fifth Amendment rights addressing self-incrimination and double jeopardy. B. Explain protections of the accused under the Sixth Amendment, including right to confront witnesses, right to legal representation, right to public trial, and right to a speedy trial. C. Explain the impact of Gideon v. Wainwright (1963) on the trial process. D. Identify circumstances in which jury trials are required. E. Examine factors that influence jury selection. F. Identify the requirements of the prosecution for criminal convictions, including preponderance of evidence, reasonable doubt, and required intent. G. Explain the possible legal strategies that defendants might use at trial. H. Analyze cases studies for application of appropriate defense strategies. I. Describe the role of the prosecution and the defense in a criminal trial. J. Define false verdict. K. Explain what we mean by beyond a reasonable doubt. Benchmark 4.3: The student will understand the post-trial process. 4.3 Performance Indicators A. Identify options of defendants who feel that they have been wrongly convicted. B. Define the steps a petitioner must take in order to have a successful appeal. C. Identify options for sentencing persons convicted of crimes and explain factors influencing sentencing decisions. D. Debate issues such as federal mandatory sentencing guidelines, three strikes and you re out laws, and capital punishment. E. Distinguish between jail and prison. F. Analyze the role of prisons in society, including the theories of deterrence, punishment, rehabilitation, and retribution. G. Distinguish among various sentencing options probation, in-house arrest, home confinement, conditional treatment, etc. H. Define parole and why it is currently being revoked in several states for serious crimes. Standard LA 5: The student will demonstrate knowledge of Tort Law in the United States legal system. 5
Benchmark 5.0: The student will examine the definition of tort law. 5.0 Performance Indicators A. Define the terms defendant, liability, plaintiff, settlement, and tort. B. Explain the purpose of tort law, including retribution, dispute resolution, and encouraging responsible behavior of citizens. C. Analyze scenarios to determine reasonable and unreasonable behavior. D. Identify and examine the types of tort, including intentional wrong (against persons and property), negligence, and strict liability. E. Evaluate government involvement in the tort process, including tort reform options. F. Explain how civil proceedings differ from criminal proceedings in terms of standards of evidence, preponderance, and liability. G. Examine the case of Palsgraff v. Long Island Railroad (1927) as a landmark case in civil law. Benchmark 5.1: The student will understand the role of insurance in society. 5.1 Performance Indicators A. Define the terms liability insurance, malpractice, and premiums. B. Explain the purpose of liability insurance in law and society. C. Explain car insurance options, including collision, comprehensive and uninsured motorist coverage. D. Define and describe the role of worker s compensation in society. Standard LA 6: The student will demonstrate knowledge of contracts and contract law. Benchmark 6.0: The student will understand the elements of contracts, written and oral. 6.0 Performance Indicators A. Describe elements of a legally binding contract. B. Identify contracts that must be in writing to be enforceable. C. Identify the Statute of Frauds and how it relates to modern contract law. D. Describe the difference between a contract and a promise. E. Explain the concepts of validation, consideration, the doctrine of consideration (peppercorn theory), and manifestation of assent as they relate to a legal contract. F. Analyze the case of Regina v. Dudley and Stephens (1884) as a landmark case in contract law. G. Analyze the concept of moral consideration as a basis for contract law today. 6
Standard LA 7: The student will demonstrate knowledge of international law. Benchmark 7.0: The student will understand the role of international law in a global society. 7.0 Performance Indicators A. Define international law and its sources. B. Explain the concept of sovereignty. C. Identify the two ways international law is interpreted in today s world. D. Analyze the various responses nations have to violators of international law ranging from diplomatic responses to military action. E. Explain the functions of the International Court of Justice. F. Explain the functions of the International Criminal Court and analyze reasons why the United States did not join the court. Standard 8: The student will demonstrate knowledge of common law. Benchmark 8.0: The student will examine the roots of common law and its impact on law today. 8.0 Performance Indicators A. Define common law as case law law defined by judges. B. Explain the historical roots of common law. Standard 9: The student will demonstrate knowledge of role of law in the Global War on Terror Benchmark 9.0: The student will understand the role of law in the era before the 9/11 attacks. 9.0 Indicators A. Explain how the Geneva Conventions in outlined the rules of engagement especially in regard to prisoners of war. B. Describe the legal definition of a prisoner of war and an illegal enemy combatant. C. Explain why the Geneva Conventions were not applied in the new paradigm of the Global War on Terror. 7
Benchmark 9.1: The student will understand the role of law, the Justice Department, and Office of Legal Council in Global War on Terror. 9.1 Indicators A. Explain the duties of the Office of Legal Council. B. Outline to basic legal justification for suspending Geneva provisions for illegal enemy combatants. C. Explain why the Bush Administration felt it necessary to supersede international law immediately after the 9/11 attacks. D. Analyze various memos and other legal documents from the period immediately after the 9/11 attacks to discern the legal arguments for fighting the Global War on Terror. E. Distinguish between warfare and lawfare. Benchmark 9.2: The student will understand how the use of torture was instituted by the United States in the Global War on Terror and provide justifications both for and against such practice. 9.2 Indicators A. Explain the main arguments as contained in several memos from the Justice Department for the use of enhanced interrogation techniques. B. Define torture as stated by the UN Convention Against Torture. C. Analyze why and how torture could have been used and justified by US military personnel in Afghanistan and Iraq. D. Provide an argument for and against the use of torture in a given situation. Benchmark 9.3: The student will understand the limits that are placed on free speech during wartime. 9.3 Indicators A. Describe historical precedent for limiting free speech during war. B. Explain the facts of the case of Schenck v. US (1919). C. Participate in a Moot Court of Schenck v. US. D. Provide an argument for and against the use limits on free speech during wartime. Benchmark 9.4: The student will understand why presidents have sometimes extended their powers during a time of crisis. 9.4 Indicators 8
A. Describe historical cases where presidents have exceeded constitutional authority in the name of national security. B. Analyze the effect both politically and socially of these expansions of power. C. Analyze the Constitution and the executive power clause of Article II. D. Provide an argument for and against the expansion of presidential power during wartime. E. Examine the moral and legal implications of the use of drones as a weapon in the war on terror. Standard 10: The student will demonstrate knowledge of cyberlaw. Benchmark 10.0: The student will understand the concept of cyberlaw and its roots in federal law. 10.0 Indicators A. Define cyberlaw. B. Analyze federal, state, and international efforts to define and codify cyberlaw within their jurisdictions. C. Define computer crime and the elements that are needed to commit such crimes. D. Describe how computers work and how information travels along the information superhighway. E. Analyze why it is often difficult to transfer land-based law to cyberspace. F. Describe how privacy on computer networks is a difficult legal concept to maintain. Benchmark 10.1: The student will understand the legal arguments for and against downloading entertainment media without paying for it. 10.1 Indicators A. Explain the Recording Industry Association of America s (RIAA) definitions of what constitutes legal and illegal music downloading. B. Analyze efforts by the RIAA to crack down on illegal downloads and its effectiveness. C. Personally define what constitutes stealing in cyberspace and compare that to legally accepted definitions. D. Explain why various websites and software programs can legally exist for public use of what some consider illegal activities. E. Analyze arguments for and against illegal downloads of entertainment media. F. Describe their own positions on downloading music and other forms of entertainment media when payment is not necessary or an option. Benchmark 10.2: The student will understand the threat of cyberwar and efforts currently being undertaken to defending US computer networks against attack. 10.2 Indicators 9
A. Explain the concept of cyberwar. B. Analyze efforts by the government to prevent cyber attacks from happening. C. Describe the effects of cyberwar on society. D. Explain the vulnerability of US and international computer network. 10