ELEMENTARY LESSON PLAN WHAT IS “DUE PROCESS?”

ELEMENTARY LESSON PLANWHAT IS “DUE PROCESS?”Students will explore a definition of “due process,” use a courtroom diagram to illustrate due process rightsin legal proceedings and discuss why due process is important to the rule of law.Grades: 3–5Time: 45 minutesMaterials (linked online) What is “Due Process?” PowerPoint presentation “Inside the Courtroom” image “Going into the Courtroom” diagramProcedureIntroduction: Lawyer or Judge in the ClassroomIntroduce yourself to students and explain that you are a lawyer or judge,and that part of your job is to help people understand the law, or the role oflaw in the community. Laws are the rules that people must follow in order tomaintain a civil society, to assure a fair and just resolution of disputes, andto live together in a safe community and country. Ask students if they canthink of examples of laws that people have to follow in their community (e.g.police instructions, traffic, recycling, dog walking, taxes, school attendancelaws). Explain that it is your job to help people understand the law, includinghow courts work. You might also use the “Inside the Courtroom” image inthe PowerPoint presentation to explain where you sit or stand during a courtproceeding. Explain that you are required to follow rules and laws while incourt or while doing your job.1Learning about due processAsk students if they know the term“due process.” Project the term, orwrite the term on the whiteboard, forstudents.2Share a definition of “dueprocess” with students:Due process (noun):(1) The official and proper way ofdoing things in a legal case;(2) Rule that a legal case must bedone in a way that protects therights of all of the people involved.233Ask students to discuss thedefinition:What are some reasons that you canthink of why someone might need togo to court?Who are some of the people in thecourt system that help to make surethat everyone has fair treatment?

For Younger Audiences(1) Judge(2) Clerk of the Court(3) Party #1(4) Lawyer for Party #1(5) Lawyer for Party #2(6) Party #2(7) Witness(8) Public audience(9) JuryAsk students to think about the “Courtroom”diagram you have presented: Why do you think there are so many people working in theroom? How do you think each person contributes to assuring dueprocess? Do they all follow rules? Can you think of any rulesin a court proceeding that the people might have to follow toensure that everything runs smoothly? What rules do you think are necessary to assure that all aretreated fairly?As you go through the requirements, identify the people in the“Courtroom” diagram that are involved, and ask students theirthoughts on why the requirement is important.Share with students:As a party in court, you are entitled to the followingrequirements for due process:An unbiased judge and jury. (Judge and jury, 1 & 9 in thediagram)An opportunity to have a lawyer with you. (Parties and lawyers,3–6 in the diagram)Notice of the charges being filed against you and why. (Judge, 1in the diagram)An opportunity to present reasons why the charges against youshould not be filed. (Lawyer, 4–5 in the diagram)The right to present evidence and the right to know whatevidence the opposing party has against you. (Lawyer, 4–5 in thediagram)The right to call witnesses and the right to cross-examine, orquestion, the witnesses that the other party might call againstyou. (Witness, 7 in the diagram)A decision in your case that is based only on the evidence thathas been presented during the case. (Judge, 1 in the diagram)A decision in your case that is written down and explained andincludes clear explanations of any facts of your case. (Clerk ofthe Court, 2 in the diagram)Adapted from Judge Henry Friendly, “Some Kind of Hearing,” 1975.Wrap-UpAsk students if due process happens in places other thanin courts (e.g. home, school, scout group, sports team,community, or with police or other authorities).Rules, Rules, RulesThis quick activity allows students to consider the importance ofrules in a school or community setting. Students reflect on whyrules are important and their experiences when rules are absent.ProcedureBegin by dividing the class into two separate lines and by tellingthem that you want them to play the Eraser Game.The Eraser GameStep One. Tell the students to start the Eraser Game. Do notsay anything else, and do not give them any rules. (Note: Thestudents will probably look confused and ask you, “How do youplay it?” or “What are we supposed to do?”) As the game begins,students will begin to realize that they will need to know therules in order to play the game.Step Two. Tell the first person in each line to begin the game.“The first person in each line should pass the eraser from thefront to the back of the line.”Step Three. Tell the last person in line to “bring the eraser to thefirst person in line.”Step Four. Allow the students to play for 30 seconds. After 30seconds, interrupt the game to give the students new directions.Tell them “Oh wait, you are supposed to pass the eraser withyour eyes closed. Let’s start the game over and follow these newdirections.”Step Five. After 30 seconds, interrupt again to tell them“Actually, you are supposed to pass the eraser with your lefthand.” Once again, start the game from the beginning.Step Six. Allow the students to play for 30 seconds beforechanging the directions again. Tell them “You should all be onyour knees when you pass the eraser. We will have to start thegame over.”Step Seven. After 30 seconds, interrupt one last time to tell them“You must walk backward to the front of the line when you bringthe eraser forward.” Start the game from the beginning.Step Eight. Allow the students to play for 30 seconds, and thenstop the game.ELEMENTARY LESSON PLANShare with students the “Going into theCourtroom” diagram, and discuss what eachperson in the courtroom does:Debrief the Eraser GameOnce the game has stopped, review the problems with thestudents. Ask them if they had any difficulties with the game.Ask them to explain what problems they experienced. Help themunderstand that they had difficulties because of the way that therules were given. Lack of agreement about the rules and constantchanges of direction lead to confusion.Brainstorm with the students to develop a clear set of rules forthe Eraser Game. List the students’ suggestions for rules of thegame. Ask the entire class to vote to select a few simple rules forthe game.Play the game again by following the rules created by the class.This will demonstrate that clear rules and directions make fora better structured and positive, productive experience whileplaying together.After the students have successfully played the Eraser Game,observe that people in classrooms and communities need to haverules to live and work together. Ask students to think about whypeople need rules in families, in schools, on playgrounds, and incommunities.24

Source: San Bernadino, California Police Department 2017 American Bar AssociationMay be reproduced for educational purposes.(1)(2)(3)(4)(5)(6)(7)(8)(9)JudgeClerk of CourtParty #1Lawyer for Party #1Lawyer for Party #2Party #2WitnessPublic audienceJuryGoing Into the Courtroom

What is DueProcess?

Rule that a legal case must be donein a way that protects the rights of allof the people involved.The official and proper way of doingthings in a legal case;Due process (noun):

Courtroom” diagram, and discuss what each person in the courtroom does: (1) Judge (2) Clerk of the Court (3) Party #1 (4) Lawyer for Party #1 (5) Lawyer for Party #2 ELEMENTARY LESSON PLAN (6) Party #2 (7) Witness (8) Public audience (9) Jury Rules, Rules, Rules This quick activity allows students to consider the importance of