The Case Of Jury Duty - Supreme Court Of Ohio

2y ago
39 Views
5 Downloads
301.44 KB
8 Pages
Last View : 2m ago
Last Download : 2m ago
Upload by : Eli Jorgenson
Transcription

LESSON PLAN FOR EDUCATORSThe Case of Jury DutyThis novel reinforces concepts in yourSocial Studies and Government classes.KEY CONCEPTS Role of Courts andJudicial Employees Voir Dire Jury Service/Process Evolution / Importanceof Jury Trial Civil vs. Criminal CasesCRT TMP Layout.indd 3 Underage Drinking / DUI7/23/17 3:49:21 PMOHIO’S LEARNING STANDARDSGrade 8Theme: U.S. Studies from 1492 to 1877:Exploration through ReconstructionContent Statement 21: The U.S.Constitution protects citizens’ rights bylimiting the powers of government.High School American GovernmentTheme: How the American peoplegovern themselves at national, state, andlocal levels of government. Studentscan impact issues addressed by localgovernments through service learningand senior projects.Content Statement 5: As the supremelaw of the land, the U.S. Constitutionincorporates basic principles that helpdefine the government of the UnitedStates as a federal republic, including itsstructure, powers, and relationship withthe governed.Theme: How the American peoplegovern themselves at national, state, andlocal levels of government. Studentscan impact issues addressed by localgovernments through service learningand senior projects.Content Statement 16: In the UnitedStates, people have rights that protectthem from undue governmentalinterference. Rights carry responsibilitiesthat help define how people use theirrights and that require respect for therights of others.1

PRIMARY SOURCEShh Northwest Ordinance: Section 14, Article IIhh The U.S. Constitution: Article III, Fifth, Sixth and Seventh Amendmentshh The Ohio Constitution: Article 1, Section 5hh The OVI Interdiction Handbook: Page 18SUGGESTED INTRODUCTORY ACTIVITIESClass DiscussionsDiscussionQuestionsLearning Outcome1) Conduct a discussionon underage drinking.Ask the students ifthey are aware ofstudents who drink,without naming names,and what opinionsthey hold regardingunderage drinking.hh Is their knowledge aboutthose who drink first-handinformation, hearsay, orrumor?2) Conduct adiscussion on a topicon which the studentswill disagree, and askstudents how theysupport their opinions.hh Are their argumentsbased on facts and whatare their sources ofinformation?hh Why it is important toknow the difference?Guide the discussiontoward the law andask why there are lawsregarding the drinkingage.hh Are they open to anotherpoint of view?Students will understandhow they obtaininformation andunderstand there are lawsregarding the drinkingage.Students will betterunderstand how theyformulate an opinionand their ability to beobjective.hh Can they be objectiveand look at both sides ofthe issue?3) Go to the OhioJudicial ideobrochure and showthe students the JuryService Video BrochureStudents will betterunderstand the juryselection process as wellas the responsibilities ofbeing a juror.2

DBQ (Document-Based Questions)1) Using primary sources, the students will answer the following questions:hh How does Article III of the U.S. Constitution provide for trial by jury?hh Which rights are protected by the Fifth, Sixth and Seventh Amendments,and why is each a necessary right?hh Very little is mentioned in the Northwest Ordinance about trial by jury.Was the mere mention of trial by jury enough to protect that right in theNorthwest Territory? Why or why not?Learning Outcome: Students will understand that trial by jury is a rightguaranteed by the U.S. Constitution.2) Using the Ohio OVI Interdiction Handbook (see p. 18), the students willanswer the following questions:hh What are the prescribed chemical breath levels for DUI offenders underthe age of 21?hh Are those offenders held to the same level as those 21 and over? If not,why do you think there is a different standard?Class ExercisesWho Am I?Setting the stage (courtroom) prior to reading the graphic novel.For students to better understand the responsibilities of the people involved in thetrial process, put the court personnel positions listed below on small slips of paper.Court Personnel Positionshh Bailiffhh Defendanthh Witnesshh Court Reporterhh Defense Attorneyhh Plaintiffhh Court Clerkhh Prosecutorhh Judgehh Jurorhh Plaintiff’sAttorneyStudents will select one and prepare a brief report explaining that individual’s role inthe trial process and why that role is important. Prepare duplicates so all students canselect one.Student will give their reports without mentioning who they are. The other studentswill identify the person being reported and in which kind of trial this person wouldappear. Discuss which roles would be included only in a criminal trial, only in a civiltrial or in both civil and criminal trials.3

Interactive ReadingStudents will read the case file and take notes regarding any questions or commentsthey may have about the reading. The questions and comments can be used as aspringboard to a discussion about the jury process.Assign students to be characters found in the graphic novel and read the casein class. For the part of the novel that takes place in the courtroom, arrange theclassroom like a courtroom. Be sure to include a space for the jury to deliberate.Characters (17)hhBarryhhCourt ClerkhhMs. Kaye WitherspoonhhMatthew FoleyhhJudge Roberta MerrickhhMrs. Landis (juror)hhCharleshhProsecutor MedinahhBill (juror in suit)hhFatherhhJuror in Beige ShirtMotherMr. Fargo(defense attorney)hhhhhhJuror in Bow Tieand Green VesthhJuror in Pink SuithhMr. Pell (civics teacher)hhDevon WashingtonhhRaymond Ardner(police officer)hhClinton HarrisAfter reading the novel as a class, engage in these student learning activities:1) Reading the VerdictAs evenly as possible, divide the class into groups of six. Each group is a jury,and jury members are to deliberate and come to a verdict in the case. They areto select a foreperson who will deliver the verdict. After all verdicts are read, askstudents what evidence they used to come to their conclusions.2) Order in the CourtPut each of the statementshh Receive Summonshh Report forJury Dutyin the box to the right onhhDefensePresentsseparate sheets of paperits Casehh Voir Direor dictate them in randomorder to the students. Ifhh Closing Argumentshh OpeningStatementssheets of paper are used,hh Jury Deliberationspass them out to ninehh Prosecutionstudents and have themhh Verdict is ReadPresents its Casecome to the front of theroom and place them in thecorrect order according tocourtroom procedure. If dictated to students, have the students write them inthe correct order according to courtroom procedure.4

SUGGESTED DISCUSSION QUESTIONS(Not all questions may be appropriate for all grade levels or courses of study)hh Why was Matt frustrated when hereceived the summons for jury duty?Do you believe his response is thetypical reaction of others who arecalled to jury duty?hh During jury selection, what questiondid the defense attorney, Mr. Fargo,ask Matt? Why do you believe he askedthat question?hh What is the purpose of openingstatements by the prosecution and thedefense attorneys?hh What legitimate concerns mightpeople have when they receive asummons to serve on a jury?hh Was Ms. Witherspoon required totestify at her trial? Explain. Whichconstitutional amendments addressthis question? If it were you, whatwould you have done?hh How would you define a “jury of one’speers?”hh As a warm up to introducing voirdire, ask the students the followingquestion: If you were accused of acrime, who would you want to be onthe jury?hh Who did the prosecution call as itswitness and why? What evidence of acrime did the witness present?hh In an unrelated case, Matt’s motherwas called to jury duty. Why was shenot chosen as a juror?hh In defending Ms. Witherspoon, whatarguments did the defense attorneyput forth? Who did the defense call asa witness and why?hh Why would someone not want to beon a jury? Which reasons for avoidingjury service do you think are valid, ifany?hh What is the purpose of closingarguments by the prosecution and thedefense?hh Define voir dire and explain why it isan important part of the trial process.Is it necessary for a fair trial?hh Why are jurors instructed not to dotheir own investigation of a case, visitthe crime scene, use the Internet, andin some cases, read a newspaper orwatch news programs?hh Using the Witherspoon case as anexample, list five questions you mightask prospective jurors if you are thedefense attorney. The prosecutingattorney? Explain.hh Do you believe Ms. Witherspoonreceived a fair trial? Explain youranswer. In your opinion, is thereanything else that could have beendone to make it more fair?hh During the jury selection for theWitherspoon case, why did theprosecutor, Ms. Medina, ask Matt ifhe had been drinking at a party heattended?5

SUGGESTED DISCUSSION QUESTIONS(Not all questions may be appropriate for all grade levels or courses of study)hh In 2013, Gov. Jerry Brown vetoed abill that would have made Californiathe first state to allow immigrants whoare not citizens to serve on juries.Governor Brown stated that theresponsibility of jury service shouldcome only with citizenship. Do youagree or disagree? Why?hh Who bears the burden of proof in acriminal trial? In a civil trial? What isthe burden of proof in each?hh What is the difference between“beyond reasonable doubt” and a“preponderance of the evidence”?hh Was the Witherspoon case a criminalcase or a civil case? Explain youranswer.hh If a legal immigrant is the defendantin a lawsuit, would an all-citizen jury bea jury of his or her peers?hh Misdemeanor cases in Ohio onlyrequire an eight-person jury plus onealternate. Is that different from thenumber required for a felony case? Ifso, why do you think the number ofjurors is different?hh Explain the difference between a civilcase and a criminal case.hh Explain the difference between amisdemeanor and a felony.EXTENDED LEARNING ACTIVITIESConduct a Mock Criminal Trial in the ClassroomWhen assigning roles to play, be sure to select the jury first. Or, select the attorneys andhave them go through the voir dire process. It is important that the students understandthat the outcome of the trial rests with the jury — not the judge or the attorneys.The jury decides the facts of the case. It should be pointed out that the judge is in chargeof sentencing if the jury finds the plaintiff guilty.The Ohio Center for Law-Related Education (www.oclre.org) offers mock trials based onpopular pieces of literature.Visit a CourtroomMake arrangement with a local or county judge to find a case that is appropriate for yourstudents to attend.Invite a Local Attorney or Judge to ClassAsk the attorney or judge to explain the jury process and answer students’ questions.The Supreme Court of Ohio will assist you in locating a local attorney or judge.Please email The Supreme Court Civic Education Section at CivicEd@sc.ohio.gov.6

EXTENDED LEARNING ACTIVITIESRelated U.S. Supreme Court Caseshh Williams v. Florida, 399 U.S. 78 (1970) — The Supreme Court held that the rightto a jury guaranteed by the Constitution did not require a 12-member jury.hh Apodaca v. Oregon, 406 U.S. 404 (1972) and Johnson v. Louisiana, 406 U.S.356 (1972) — The Supreme Court approved non-unanimous jury verdicts incertain cases.hh Ballew v. Georgia, 435 U.S. 223 (1978) — The Supreme Court decided whether astate criminal trial by a jury of only five persons deprived the accused of the rightto a trial by jury as protected by the Sixth and Fourteenth Amendments.hh Burch v. Louisiana, 441 U.S. 130 (1979) — The Supreme Court required that a six-member jury for certain criminal offenses must render a unanimous verdict.hh Foster v. Chatman, 195 L.Ed.2d 1, 136 S.Ct. 1737 (2016) — The Supreme Courtfound that the prosecution’s removal of two black jurors from the jury panel wasimproperly motivated by race and violated the Constitution.You can find additional case law by searching the Web for Supreme Court Cases regardingtrial by jury. The Oyez Project (https://www.oyez.org) is a free, excellent resource.Go OnlineHave students go to The American Trial Jury: Current Issues and files/publications/se/6307/630711.html).There they can read about current trial by jury issues and controversies and will find ahistory of the “Citizen Jury.”ADDITIONAL RESOURCESNational Centerfor State CourtsOhio State Bar AssociationFor Public – Teachers and Ohio Center forLaw-Related EducationSupreme Court of default.aspwww.oclre.org/teaching toolboxOhio Jury ManagementAssociationwww.ohiojury.org7

JUSTICE CASE FILESA New Civic Education ProgramThe National Center for State Courtsis proud to present Justice Case Files,a series of graphic novels designed toengage students while providing insightinto how judges make decisions and whycourts are so important to a democraticsociety. Using topics familiar to students,such as cyberbullying, underage drinking,and language barriers, each novel focuseson key concepts related to the courts,including the U.S. Constitution, thedifference between civil and criminalcases, and historic documents like theMagna Carta. The Case of Jury DutyCRT TMP Layout.indd 37/23/17 3:49:21 PMThe Case of the BrokenControllerChief Justice Maureen O’Connor ofthe Supreme Court of Ohio is proud tomake these novels available to all Ohioeducators who would like to use them intheir classrooms. Lesson plans that alignwith Ohio’s curriculum standards areincluded. The Court will also help matcheducators with local judges or attorneyswho are willing to visit classrooms todiscuss the concepts in the graphicnovels and to reinforce the importanceof the courts, the rule of law, and goodcitizenship.There is no charge for any materials usedin this or any of the Supreme Court’s civiceducation programs.FREE OFCHARGECRT TMP Layout.indd 47/23/17 3:49:28 PMThe Case of theCyberbullyCRT TMP Layout.indd 57/23/17 3:49:36 PMThe Case of No PetsAllowedORDER YOUR COPIES TODAYContact the Supreme Court of Ohio Civic Education Sectionat CivicEd@sc.ohio.gov.

Role of Courts and Judicial Employees Jury Service/Process . For the part of the novel that takes place in the courtroom, arrange the : classroom like a courtroom. Be sure to include a space for the jury to deliberate. . When assigning roles to play, be sure to select the jury first. Or, select the attorneys and :

Related Documents:

May 02, 2018 · D. Program Evaluation ͟The organization has provided a description of the framework for how each program will be evaluated. The framework should include all the elements below: ͟The evaluation methods are cost-effective for the organization ͟Quantitative and qualitative data is being collected (at Basics tier, data collection must have begun)

Silat is a combative art of self-defense and survival rooted from Matay archipelago. It was traced at thé early of Langkasuka Kingdom (2nd century CE) till thé reign of Melaka (Malaysia) Sultanate era (13th century). Silat has now evolved to become part of social culture and tradition with thé appearance of a fine physical and spiritual .

On an exceptional basis, Member States may request UNESCO to provide thé candidates with access to thé platform so they can complète thé form by themselves. Thèse requests must be addressed to esd rize unesco. or by 15 A ril 2021 UNESCO will provide thé nomineewith accessto thé platform via their émail address.

̶The leading indicator of employee engagement is based on the quality of the relationship between employee and supervisor Empower your managers! ̶Help them understand the impact on the organization ̶Share important changes, plan options, tasks, and deadlines ̶Provide key messages and talking points ̶Prepare them to answer employee questions

Dr. Sunita Bharatwal** Dr. Pawan Garga*** Abstract Customer satisfaction is derived from thè functionalities and values, a product or Service can provide. The current study aims to segregate thè dimensions of ordine Service quality and gather insights on its impact on web shopping. The trends of purchases have

Chính Văn.- Còn đức Thế tôn thì tuệ giác cực kỳ trong sạch 8: hiện hành bất nhị 9, đạt đến vô tướng 10, đứng vào chỗ đứng của các đức Thế tôn 11, thể hiện tính bình đẳng của các Ngài, đến chỗ không còn chướng ngại 12, giáo pháp không thể khuynh đảo, tâm thức không bị cản trở, cái được

Prior Jury Service 144 Jury panels and juries 145 Juror selection in open court 151 Summary 153 Chapter 6. Jury decision-making 157 Aims and objectives 157 Case simulation study 159 Jury verdicts and ethnicity 162 Juror votes and ethnicity 164 Race saliency 166 Jury v

The jury selection process depends in large part on the type of jury selection that the court permits. Although the methods may vary or be referred to by different names in different courts, jury selection occurs through one of two basic methods: The struck jury method (see Struck Jury Method).