Instructor's Guide

48002 Films for the ® Humanities & Sciences m A Wealth of Information. A World of Ideas. Instructor’s Guide

Due Process: Understanding the U.S. Criminal Justice System Crime, Law, and Enforcement

INTRODUCTION This guide will assist you in teaching Due Process: Understanding the U.S. Criminal Justice System: Crime, Law, and Enforcement. The information presented here will prep students for viewing the program and also will present follow-up activities to reinforce key learning points.

PROGRAM DESCRIPTION Unless a student has had a brush with the law, action films and TV shows may be his or her only understanding of how the criminal justice system deals with offenders. This program, through reenactments, expert testimonials and straight talk from law enforcement officials, runs the gamut of crime from white collar to homicide. It provides viewers with the non-Hollywood version of what really occurs during an arrest and arraignment. Basic terms such as due process, misdemeanors, infractions, felonies and probable cause are defined; the process of examining a crime; police interrogation, search and seizure are explained and viewers will learn about their constitutional rights and what’s not protected under law. Students also will gain an understanding that the criminal justice system seeks to provide fairness to all in prosecuting crime by balancing the rights of the accused with the rights of the victim.

LEARNING OBJECTIVES After viewing the program, students will:

1. Understand that any conduct that is harmful to others may be deemed criminal by local, state, or national law enforcement officials

2. Learn that due process is the system that requires governing bodies to respect the rights of every U.S. citizen in the enforcement of the law dealing with criminal offenses

3. Realize that unlawful behavior is punished through fines, imprisonment, probation, community service, or a combination of these penalties

4. Be aware that most crimes are identified in laws that have been enacted by federal, state, and local governments and that while states may differ in their judicial systems, there are norms and similarities from one jurisdiction to the next

5. Learn that the U.S. Constitution is the primary source of law in the United States

6. Become familiar with provisions of the Fourth Amendment (the right to be secure against unreasonable searches and seizures) and the Fifth Amendment (protects the person from saying anything that may incriminate and also prevents being charged with the same crime twice)

7. Understand that criminal justice policy is a means for society to provide an objective set of rules for governing conduct and maintaining order

8. Know that crimes are often divided into infractions, misdemeanors, and felonies; what each entails and what first-, second-, and third-degree crimes are

9. Learn that crimes may be committed against a person, property, or society and that a law-breaker’s intent while committing the act will also be considered in prosecuting the crime

10. Have an understanding of how the police handle a crime scene, interrogation, frisking, search war- rants, vehicle searches, and the “knock and announce” rule for entering property

11. Become aware that once police have a reasonable belief that a person has committed a crime, that person probably will be taken into custody, arrested, and charged with the crime

12. Understand what probable cause is and that without it, police need an arrest warrant to take someone into custody

13. Learn that the Miranda warning is the right to remain silent and that anything you say can be used against you (and that it must be given upon being taken into custody)

14. Discover what information will be taken during the booking process and how a lineup works

15. Understand the terms and processes involved with arraignment, personal recognizance bonds, and bail

PROGRAM OVERVIEW The notions of crime and punishment are extremely subjective. This program, Due Process: Understanding the U.S. Criminal Justice System: Crime, Law, and Enforcement, seeks to bring an objective perspective to the knowledge of laws and statutes—and how crimes are classified, investigated, assessed, and penalized. It will provide information on constitutional rights, different types of crimes, and the methods police use in questioning, interrogation, investigation, searches, arrest, arraignment, and more. This program will refute common misperceptions and reinforce the understanding that the U.S. criminal justice system is a fair and equitable process for enforcing the law and that those who enforce the law are bound by common rules and procedures, known as due process, that guarantee every citizen’s rights and protections under the law.

MAIN TOPICS Introduction to Due Process: Crime, Law, and Enforcement The introduction to this program explains that crime is whatever conduct a society and its government deem dangerous to its citizens. It mentions the penalties for crimes and explains that while judicial systems differ somewhat from state to state, there are norms and similarities that exist everywhere. The intro explains that just as citizens are bound by certain laws, those who enforce the law are bound by common rules to guarantee every citizen’s rights and protections—and those regulations are known as due process.

Segment 1: Crime in the U.S. This section presents the information that the U.S. Constitution is the primary source of law in the United States and that beyond federal laws, each state and local jurisdiction has its own separate statutes. It also explains that criminal justice policy provides an objective set of rules for governing conduct and maintaining order.

Segment 2: Types of Crime Viewers are introduced to the definitions and examples of infractions, misdemeanors, and felonies. They also learn the difference between first-, second-, and third-degree crimes and that crimes may be against a person, property, or society. Terms such as willful, deliberate, premeditated, voluntary, involuntary, murder, and manslaughter are discussed along with different types of crime.

Segment 3: Police Questioning and Interrogation This section explains that when police arrive at a crime scene, they secure the area and detain anyone who may have participated in or witnessed any activities for questioning, or, if taken into custody, interrogation. It also sheds light on how information gathered during questioning and interrogation may be deemed admissible or inadmissible in court.

Segment 4: Police Search and Seizure Most viewers are aware of the need for a search warrant if police want to search inside a residence. But they may not know that at any time and without consent or a warrant, trash can be searched, and at school, a student’s locker may be searched. Plus, with parental consent, police can search a juvenile’s room at home. This section explains rights and limitations of search and seizure along with the “knock and announce” rule. It also includes information about vehicle searches and reasonable suspicion.

Segment 5: Probable Cause Probable cause is defined and explained; without it, police may not take a suspect into custody if they do not have an arrest warrant. As expert interviews elaborate on probable cause, this section emphasizes that the criminal justice system is based on protecting citizen’s constitutional rights.

Segment 6: Arrest Procedures This segment takes viewers step-by-step through the arrest process, from the Miranda warning (and when it must be given) through booking, questioning, and potential police lineups.

Segment 7: Arraignment Once a suspect has been arrested, the prosecutor has to charge the suspect in a hearing before a judicial officer. This section provides insight into the arraignment process and explains terms such as personal recognizance bonds and bail—and the penalties for defaulting on them.

FAST FACTS • Criminal justice policy is a way for society to provide an objective set of rules for governing conduct and maintaining order.

• Most crimes are identified in laws that have been enacted by federal, state, and local governments in response to issues that affect that jurisdiction and its citizens.

• Due process is the criminal justice system’s guarantee that every citizen’s rights under the law will be protected while the law is being enforced.

• “We the People…” The U.S. Constitution, adopted on September 17, 1787, is the primary source of law in the United States. It guarantees in many respects the rights of citizens, especially when they are being investigated, interrogated, or charged with a crime.

• In addition to federal laws, each state and local jurisdiction has its own separate statutes, which are laws that have been written by legislative bodies.

• Generally, crimes are classified as infractions (for example, traffic violations), misdemeanors (can mean jail time or fines for something like a DUI—or drunk under the influence charge), or felonies (robbery or murder).

• Another way crimes are categorized is by the nature of the crime: who or what was targeted and what kind of harm resulted.

• Crimes against a person are usually violent crimes; crimes against a property are generally robbery, trespassing, or even embezzlement; crimes against society can include election fraud or gaming violations, among others.

• Most states separate the crime of murder into two different categories: first degree and second degree. What distinguishes one from the other is whether it is willful, deliberate, and premeditated.

• Murder without malice or anger is manslaughter, and it can be either voluntary or involuntary.

• Determining a suspect’s state of mind at the time a crime is committed is important in evaluating what’s known as criminal intent.

• Contrary to what’s seen on TV, if there is adequate proof of police abuse during an interrogation, a suspect’s confession is likely to be ruled inadmissible in court.

• While the use of physical abuse is strictly prohibited during a police interrogation, law enforcement does have some leeway when questioning a suspect; the use of deception, for example, may be neces- sary and is allowable, especially if it results in eliciting valuable information.

• “Pleading the Fifth” refers to evoking the Fifth Amendment of the Constitution and a person’s right to remain silent when being questioned by police.

• You can be frisked (“patted down”) if police suspect you of being involved in a crime; if you match a suspect’s description; if your behavior is suspicious; or if it looks as if you’re concealing a weapon.

• “Open up! Police!” Every crime show on TV has a scene that shows police breaking down doors, but even with a search warrant, the “knock and announce” rule states that they have to make their presence known and state their purpose before they enter.

• The “knock and announce” rule is null and void under circumstances which call for immediate action on the part of the police. If they’re chasing somebody who flees into a residence, police have the right to break down any barriers between themselves and the suspect—without knocking first.

• Don’t break any traffic laws if you’ve got something to hide. If police smell alcohol or contraband or detect any evidence of criminal activity on the part of the occupants in the car, then a search—without a warrant—is perfectly legal.

• Trash is not private and it could incriminate you if you dispose of something that might be evidence of criminal activity. Once you throw stuff away, it’s considered abandoned, and anyone, including police, can look through it and claim ownership.

• Probable cause is all that the police need to arrest someone and charge them with a crime. If police don’t have probable cause, an arrest warrant is needed.

• Even when a citizen is under arrest, the criminal justice system offers protection of his/her constitutional rights.

• “You have the right to remain silent…” One of the most well-known protections is the Miranda warning that comes from the Fifth Amendment and applies to adults and, in most cases, juveniles. It must be given when a suspect is taken into custody (arrested).

• “Book ’em!” The booking process includes getting basic information from a suspect such as address and birth date, fingerprints, and photographs. Sometimes blood or DNA samples are taken during booking.

• Police lineups traditionally consist of a victim viewing the suspect and three or four other people with similar characteristics through a one-way mirror to identify the criminal. Some police departments now rely on showing the victim photos of potential suspects, one by one to reduce confusion.

VOCABULARY TERMS Arraignment–a proceeding in which a criminal defendant is brought into court, told of the charges against him or her, and asked to plead guilty or not guilty.

Arrest–to take into custody and charge with a crime.

Bail–the money or bond put up to secure the release of a person who has been charged with a crime.

Bail bond–a bond provided by an insurance company through a bail bondsman acting as agent for the company, to secure the release from jail of an accused defendant pending trial. Usually there is a charge of ten percent of the amount of the bond (e.g., $100 for a $1,000 bond), and often the defendant must put up some collateral like a second deed of trust or mortgage on one’s house.

Crime–any action that is considered an illegal activity and that may be prosecuted at the local, state, or federal level.

Due process (of law)–a fundamental principle of fairness in all legal matters, both civil and criminal, especially in the courts. All legal procedures set by statute and court practice, including notice of rights, must be followed for each individual so that no prejudicial or unequal treatment will result.

Evidence–every type of proof legally presented at trial (allowed by the judge) which is intended to convince the judge and/or jury of alleged facts that are relevant to the case.

Felony–a serious crime, usually punishable by at least one year in prison.

Indictment–a formal charge issued by a grand jury—stating that there is enough evidence that a defendant committed a crime—to justify having a trial; it is used primarily for felonies.

Interrogation–questioning of a suspect or witness by law enforcement authorities. Once a person being questioned is arrested (is a “prime” suspect), he/she is entitled to be informed of his/her legal rights, and in no case may the interrogation violate rules of due process.

Jurisdiction–the legal authority of a court to hear and decide a certain type of case. It also is used as a synonym for venue, meaning the geographic area over which the court has territorial jurisdiction to decide cases.

Lineup–a law enforcement method used in an attempt to have a witness or victim identify a person suspected of committing a crime. The suspect is included in a line of people, including noncriminals and others.

Manslaughter–the crime of killing a human being without malice of forethought, or in other circumstances not amounting to murder.

Misdemeanor–an offense punishable by one year of imprisonment or less.

Probable cause–reasonable grounds (for making a search, pressing a charge, etc.).

Probation–a chance to remain free (or serve only a short time) given by a judge to a person convicted of a crime instead of being sent to jail or prison, provided the person can remain on good behavior.

Prosecutor–generic term for the government’s attorney in a criminal case, including district attorney, state attorney, U.S. attorney, attorney general, solicitor general, or special prosecutor.

Miranda warning–the requirement, also called the Miranda rule, set by the U.S. Supreme Court in 1966 that prior to the time of arrest and any interrogation of a person suspected of a crime, the suspect must be told of the right to remain silent, the right to legal counsel, and the right to be told that anything he/she says can be used in court against him/her.

Murder (first degree)–although it varies from state to state, it is generally a killing which is deliberate and premeditated (planned, after lying in wait, or as part of a scheme).

Murder (second degree)–a non-premeditated killing, resulting from an assault in which death of the victim was a distinct possibility.

Statute–a federal or state written law enacted by the Congress or state legislature, respectively. Local statutes or laws are usually called “ordinances.”

Warrant (arrest)–a judge’s order to law enforcement officers to arrest and bring to jail a person charged with a crime, issued upon a sworn declaration by the district attorney, a police officer, or an alleged victim that the accused person committed a crime.

Warrant (search)–a written order by a judge which permits law enforcement officers to search a specific place.

PRE-PROGRAM DISCUSSION QUESTIONS 1. What do you think is the foundation for the laws in this country? 2. Is it ok for police to “rough up” a suspect in a crime if it results in a confession? 3. How do you think a search warrant is obtained? 4. Does being taken into custody mean the same as being arrested? 5. What does the Miranda warning provide?

POST-PROGRAM DISCUSSION QUESTIONS 1. What protections do the Fourth and Fifth Amendments of the Constitution provide? 2. What happens to a confession if there’s proof of abuse during interrogation? 3. Can police just break down a door if they want to search a place? 4. How does probable cause work in arresting someone? 5. When does the Miranda warning have to be given?

GROUP ACTIVITIES Crime Mimes vs. Crime-Busters Divide the class into two teams or choose two teams the day before so that the play-acting can be worked out in advance. No props that may be mistaken for weapons can be used —even if they’re plastic. The crime mimes will act out a variety of crimes (two or three such as robbery or murder) and the other team will investigate, determine if there’s probable cause, question witnesses, define what kind of crime it is and what categories it falls into (infractions, misdemeanors, etc.), search for evidence, take a suspect into custody, conduct interrogations, take a victim’s testimony, do a search and seize of premises, examine the crime scene, etc. The crime mimes will not speak and the crime busters will present their summary of the crime to determine how accurate their “read” of the crime was.

Busted! Choose five people to be suspects and five people to be law enforcement officials; team them up. Have each couple demonstrate either right or wrong ways (their choice) to: frisk somebody; give the Miranda warning; interrogate a suspect at police head qurters; do the “knock and announce” rule for search and seizure; arrest, book, and place in a police lineup. The class takes notes on each procedure to determine what was done correctly and what was a violation of the rules and regulations of the criminal justice system.

INDIVIDUAL STUDENT PROJECTS Define That Crime Have students research, define, and give examples of any or all of the following: • Infractions • Misdemeanors • Felonies • First-, second-, and third-degree crimes • Crimes against a person, property, or society • Deliberate, premeditated, voluntary, and involuntary murder; and manslaughter

CSI in the Classroom Two teams start with the same description of a crime: someone has been shot and killed in a private residence. Each team then writes up (or illustrates or pantomimes while giving verbal information) its description of what happened; what the crime scene entails; who the suspects are; what the motive was; what evidence has been found; what witnesses have been detained and what information was obtained; where the suspect is now; if the suspect is in custody, has been questioned, arraigned, given bail, put into a lineup, etc. The teams present their realization of the scene and its aftermath to the rest of the class and the class votes on which team was most thorough, accurate, and observant of the protections and provisions of the criminal justice system.

INTERNET ACTIVITIES Use the Internet to research the Constitution of the United States of America (www.USConstitution.net) to determine what rights under the law individual Amendments protect—and list ways in which these rights could be violated.

ASSESSMENT QUESTIONS

Q 1 True or False: The United States Constitution is the primary source of enforcing the law in the United States.

Q 2 Unlawful behavior is punished through ______. a) fines b) imprisonment c) community service or probation d) all of the above

Q 3 Conduct that is ______or ______to others or property may be deemed criminal by local, state or national laws.

Q 4 Crimes may be committed against a ______. a) person b) property c) society d) all of the above

Q 5 True or False: Manslaughter can be either voluntary or involuntary.

Q 6 ______is what a police officer needs to arrest someone without a warrant.

Q 7 The Miranda warning includes ______. a) the right to remain silent b) the right to make a phone call c) the right to secure your property before being taken into custody d) all of the above

Q 8 Basic information, fingerprints, and blood or DNA samples are part of the ______process.

Q 9 True or False: Once an arrest has been made, the prosecutor has only a short time to decide what formal charges to bring against the suspect.

Q 10 What is a personal recognizance bond?

ASSESSMENT QUESTIONS ANSWER KEY

Q 1 True or False: The United States Constitution is the primary source of enforcing the law in the United States.

A 1 True Feedback: The Constitution guarantees certain rights to individuals such as a fair trial by jury; the right to be secure against unreasonable searches and being charged with the same crime twice.

Q 2 Unlawful behavior is punished through ______. a) fines b) imprisonment c) community service or probation d) all of the above

A 2 d) all of the above Feedback: Sometimes it’s not just one punishment for a crime. Depending on the crime, it may be a combination of penalties. Probation is given under specific court-ordered terms, such as performing public service work or getting mental therapy and reporting regularly to a probation officer. Violation of probation terms will usually result in the person being sent to jail for the normal term.

Q 3 Conduct that is ______or ______to others or property may be deemed criminal by local, state or national laws.

A 3 harmful or dangerous Feedback: Even though states differ somewhat in their judicial systems, there are norms and similarities of what constitutes crime—and laws—everywhere. When conduct is dangerous or harmful to people and their property, it is classified as a crime nearly everywhere. One example is drunk driving.

Q 4 Crimes may be committed against a ______. a) person b) property c) society d) all of the above

A 4 d) all of the above Feedback: Crimes against a person are usually acts of violence; against a property can mean robbery or even trespassing on the property; against society may include election fraud or gaming crimes.

Q 5 True or False: Manslaughter can be either voluntary or involuntary.

A 5 True Feedback: Voluntary manslaughter means that there’s an actual intent to kill (but without malice, anger or forethought); involuntary manslaughter means that it’s an act that occurs while you’re committing another crime (speeding in a car, for example), though you did not intend for anyone to die.

Q 6 ______is what a police officer needs to arrest someone without a warrant.

A 6 Probable cause Feedback: Without probable cause (such as seeing someone fleeing a crime scene), police need an arrest warrant to take someone into custody.

Q 7 The Miranda warning includes ______. a) the right to remain silent b) the right to make a phone call c) the right to secure your property before being taken into custody d) all of the above

A 7 a) the right to remain silent Feedback: The Miranda rule provides you with the right to remain silent; that anything you say can and will be used against you as evidence; that you have the right to an attorney and if you can’t afford an attorney, one will be appointed for you. It must be given when someone is taken into custody.

Q 8 Basic information, fingerprints, and blood or DNA samples are part of the ______process.

A 8 Booking Feedback: The booking process is when police gather information about a suspect in custody that may lead to that suspect being charged with the crime he/she is suspected of, asked to participate in a police lineup, or interrogated.

Q 9 True or False: Once an arrest has been made, the prosecutor has only a short time to decide what formal charges to bring against the suspect.

A 9 True Feedback: Arraignment is the initial hearing in which the accused stands before a judicial officer to hear the charges being brought against him or her.

Q 10 What is a personal recognizance bond?

A 10 A promise to appear in court when ordered to do so. Feedback: Failure to comply with a personal recognizance bond can result in a steep fine, bail money that will not be refunded, and/or a warrant issued for your arrest.

ONLINE RESOURCES

www.law.com

www.constitution.laws.com

www.refdesk.com/crime.html

www.findlaw.com

www.fbi.gov

www.mirandarights.org

ADDITIONAL RESOURCES Available from Films Media Group • www.films.com • 1-800-322-8755

Other titles in the series Due Process: Understanding the U.S. Criminal Justice System include:

Evidence and Forensics: Due Process No matter how careful they are, criminals almost always leave some trace of their identity behind. In this program, legal and forensic experts explain different types of evidence and how each is gathered and used in court. The work of various forensic specialists is described, and the Hollywood version of crime scene investigation is compared to what really happens at a site and in the lab. The video also looks at a few drawbacks of digital evidence and at how fingerprinting stacks up against DNA samples—the new gold standard in crime detection. A viewable/printable instructor’s guide is available online. A Films for the Humanities & Sciences/MotionMasters Coproduction. Part of the series Due Process. (30 minutes)

Court, Trials and Sentencing: Due Process According to prime-time television, criminals are brought to justice in a speedy and efficient yet drama- filled manner. In reality, the process can be slow and meticulous, as rules must be followed to safeguard the defendant’s constitutional rights. This program provides a solid grounding in the processes and players involved in the court system and takes viewers step-by-step through a trial and sentencing. Legal experts explain probable cause, plea bargaining, the types of witness testimony that might be challenged, and other key elements, including how juvenile offenders are dealt with. A viewable/printable instructor’s guide is available online. A Films for the Humanities & Sciences/MotionMasters Coproduction. Part of the series Due Process. (30 minutes)

Related titles include:

International Law and Global Governance International law is described as “the general principles of law as recognized by civilized nations.” This program adds much-needed depth to that broad definition through a discussion of state sovereignty, domestic law, and international law; the importance of the UN and international courts and tribunals; the role of organizations such as NATO, the IMF, and the Red Cross; and the future of international law. Professional insight is provided by Tim McCormack, special advisor for the International Criminal Court; Gillian Triggs, dean of law at the University of Sydney; and renowned human rights lawyer Geoffrey Robertson, author of Crimes Against Humanity: The Struggle for Global Justice. Viewable/printable educational resources are available online. (22 minutes)

Unprecedented Access Inside an Interrogation Room The room is small, soundproofed, stripped of all decoration. Two chairs face each other in silent enmity. They are the only equipment needed for the game about to unfold—a high-stakes mental interplay between suspect and interrogator. With unprecedented access to the inner workings of the Houston Police Department’s homicide division, this ABC News program offers a rare glimpse into the tactics investigators use to get people to talk. Chris Cuomo reports on murder investigations in which Sgt. Brian Harris, one of the department’s most respected interrogators, is able to extract confessions from resistant suspects. In discussing the effectiveness of coercive interview techniques, Sgt. Harris readily disavows them, saying he prefers to establish trust and an atmosphere of human dignity with those who harbor secrets. A must-see for criminal justice studies! (40 minutes)

Public Safety, Law, and Security The U.S. Department of Labor predicts a 29 percent jump in criminal justice–related positions within the next few years! This program introduces nine individuals who help protect others in very different ways: a firefighter, a police officer, an EMT, and a park ranger—careers on the front lines of public safety; a forensic scientist, a paralegal, and a legal secretary—behind-the-scenes careers in the legal profession; and a security specialist and a corrections officer—careers that involve keeping businesses secure and convicts in custody. A viewable/printable instructor’s guide is available online. A Cambridge Educational Production. (23 minutes)

For information on our other programs, visit our Web site www.films.com.

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