United States Government: Democracy in Action

Unit 5: Liberty and Justice for All

Big Idea Activity — Lesson Plan

Do the courts administer justice fairly?

Assignment: Sentence the Accused
Students will create sentencing guidelines for those accused of crimes.

Assignment Task List

Step 1: Students will review the constitutional rights of the accused. Help them summarize the guarantees in a chart like the one below:

Rights of the Accused
Article I, Section 9	• writ of habeas corpus requires a prisoner to be brought before the court and explain to a judge why the prisoner is being held
Fourth Amendment	• requires a valid search warrant to conduct a search and seize evidence • requires police officers to have probable cause before arresting a suspect or obtaining a search warrant
Fifth Amendment	• gives the accused the right to remain silent (prevents accused persons from self-incrimination or testifying against themselves) • provides a grand jury in federal cases • prevents the use of "third degree" interrogation • must inform an accused person in custody of his or her rights before questioning • prevents double jeopardy, or being tried twice for the same crime • federal government cannot deprive a person of life, liberty, or property without due process of law
Sixth Amendment	• guarantees a defendant the right to an attorney • guarantees a defendant the right to a speedy and public trial • requires an impartial jury • requires that the accused be informed of the nature and cause of accusation • allows the accused to confront witnesses • allows the accused to subpoena favorable witnesses
Eighth Amendment	• prohibits excessive bail or fines • forbids cruel and unusual punishment
Fourteenth Amendment	• states cannot deprive a person of life, liberty, or property without due process of law

Step 2: Students will sequence the steps in the criminal justice process by creating a flow chart like the one below. Project Guided Reading Activity 15-3 (88.0K) on the whiteboard. Students will list the steps in a criminal case at the top of each box and then briefly explain what is involved in each step.

Possible responses:
Steps in a Criminal Case
Investigation and Arrest: A criminal case begins when police believe a crime has been committed and investigate to gather evidence. A judge decides whether there is enough evidence to issue an arrest warrant, which lists the suspect's name and the alleged crime. When the suspect is caught, he or she is taken to a police station and charges are recorded.
Initial Appearance: The suspect is brought before a judge and is charged with a crime. The suspect is read his or her rights. If the crime is a felony, a date is set for a preliminary hearing and the suspect may be held or be allowed to return home on bail.
Preliminary Hearing or Grand Jury: A case that goes before a grand jury is held in secret; the defendant and his or her attorney are not present. The grand jury listens to witnesses for the prosecution. In a preliminary hearing, the prosecuting and defense attorneys present their cases. If the judge rules that there is not enough evidence, the charges are dropped. If the judge rules that there is sufficient evidence, the case moves to the next stage.
Plea Bargaining: A defendant may plead guilty to a lesser charge than the one brought against him or her. If the judge accepts this, the defendant receives a more lenient punishment than if he or she had gone to trial and had been convicted of the original crime.
Arraignment and Pleas: At the arraignment, the judge reads the formal charge in an open courtroom. The defendant may plead not guilty, not guilty by reason of insanity, guilty, or no contest (which is equivalent to guilty but is not recorded as such). If the defendant pleads not guilty, a trial must be held.
The Trial: Defendants may choose between a bench trial, heard only by a judge, and a jury trial conducted before a group of citizens. Witnesses are called and evidence presented by both sides. Later, the two attorneys summarize their cases.
The Decision: Jury members go to the jury room to decide whether the defendant is guilty or not guilty. If they find the evidence convincing beyond a reasonable doubt, they offer a verdict of guilty. If they deem the evidence unconvincing, they vote not guilty. If the jury cannot decide, the trial ends in a "hung jury," and a new trial with another jury is ordered.
Sentencing: If the verdict is not guilty, the defendant is released immediately. If it is guilty, the judge usually determines the sentence or punishment. Victims often have a say in this process.

Differentiated Instruction Project Chapter Summary 15 (64.0K) on the whiteboard. Have volunteers come to the board to sequence the steps. (Plea bargaining and the jury's decision are not included in this flowchart.)

Step 3: Discuss sentencing procedures. Project StudentWorks Plus Online, page 434 of the Student Edition on the whiteboard. Have students take turns reading aloud the paragraphs under the subhead "Sentencing."

Step 4: Organize students into odd-numbered groups. Have them study the list of crimes below and come to a consensus for the sentence of each crime.

CRIMES AGAINST THE PERSON
     •     Homicide
     •     Kidnapping
     •     Robbery
     •     Attempts to kill
     •     Assault and Battery
CRIMES AGAINST PUBLIC JUSTICE
     •     Bribery and corruption
     •     Falsifying public records
     •     Perjury
     •     Intimidating or threatening witnesses
     •     Money laundering
     •     Fraud and embezzlement
CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS
     •     Abandonment and neglect of children
     •     Spousal abusers
     •     Bigamy
CRIMES AGAINST PROPERTY
     •     Arson
     •     Burglary
     •     Forgery and counterfeiting

Step 5: Send students online to investigate your state's penal code. Groups should compare the sentences they imposed to the state's minimum and maximum penalties for each crime. Were the group's penalties more lenient than the state's penalties? More strict?

Step 6: Bring the groups together. On the board, list the crimes above. Have a spokesperson from each group write the penalties the group decided upon for each crime. Ask students to explain the reasons for their sentences. Do they believe the sentences should be mandatory? Why or why not? Should other factors weight the sentence? Direct students to explain their responses in a two-paragraph essay.

After the activity has been completed, discuss this question: Do the courts administer justice fairly?

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