DOCUMENT RESUME 1-,) 374 067 SO 024 501 AUTHOR Bloom, Jennifer, Ed. TITLE Rights of the Accused; Criminal Amendments in the Bill of Rights. A Compilation of Lessons by Minnesota Teachers. INSTITUTION Hamline Univ., St. Paul, MN. School of Law. SPONS AGENCY . Commission on the Bicentennial of the United States Constitution, Washington, DC. PUB DATE 91 CONTRACT 9I-CB-CX-0078 NOTE 414p.; For related items, see SO 024 499 and SO 024 502-503. AVAILABLE FROMMinnesota Center for Community Legal Education, Hamline University School of Law, 1536 Hewitt Avenue, St. Paul, MN 55104. PUB TYPE Guides,- Classroom Use Instructional Materials (For Learner) (051) Guides Classroom Use Teaching Guides (For Teacher) (052) EDRS PRICE MF01/PC17 Plus Postage. DESCRIPTORS Citizenship Education; *Civil Liberties; *Constitutional Law; *Criminal Law; *Due Process; Equal Protection; Intermediate Grades; JuniorHigh Schools; *Law Related Education; Resource Materials; Resource Units IDENTIFIERS *Bill of Rights; Hamline University MN; Minnesota ABSTRACT The 36 lessons collected in this publication are designed to introduce studenti to the rights of the accusedand provide a scholarly study of these rights, exploringhistorical development as well as current application. Lessons areprovided for all grade levels. The topics covered include theBill of Rights, criminal rights amendments, juvenile law, and legalethics. An appendix contains the U.S. Bill of Rights, asimplified Constitution andBill of Rights, and the Minnesota Constitution.(RJC) *********************************************************************** Reproductions supplied by EDRS are the best that can bemade from the original document. *********************************************************************** U.S. DEPARTMENT Of EDUCATION °MCatEducst*osl Research and Improvernnt EDUC>TIONAL RESOURCES INFORMATION CENTER (ERIC) his document has hen (roducts, m escivscl from the proson or °roams:ion originating it. 0 Minor Changes have DIM made tO impress) rproduction quality Points of wore Of or:mote( s Volsci in this dOCtf men: Oo not nCsasysly ORION PERI position or policy 1,6 o RIGHTSOF THEACCUSED: IN THEBILLOFRIGHTS W0 CRIMINAL AMENDMENTS A COMPILATION OF LESSONS BY MINNESOTA TEACHERS "PERMISSION TO REPRODUCETHIS MATERIAL HAS BEEN GRANTEDBY ---)---- 1/4-2L4-04-4'J5 ez.;4. TO THE EDUCATIONAL RESOURCES INFORMATION CENTER (ERIC' BEST COPYAVAILABLE 2 RIGHTS OF THE ACCUSED CRIMINAL AMENDMENTS IN THE BILL OF RIGHTS A COMPILATION OF LESSONS BY MINNESOTA TEACHERS MINNESOTA CENTER FOR COMMUNITY LEGAL EDUCATION HAMLINE UNIVERSITY SCHOOL OF LAW SAINT PAUL, MINNESOTA 55104 line HamUNIVERSITY THE LESSONS IN THIS PUBLICATION WERE: WRITTEN BY: Participants in "Rights of the Accused: Criminal Protection Under the Bill of Rights--Past, Present, and Future." EDITED BY: Jennifer Bloom, Director, Minnesota Center for Community Legal Education at Hamline University School of Law DESIGNED BY: Debra Berghoff, Assistant Director, Minnesota Center for Community Legal Education at Hamline University School of Law This publication is made possible by a generous grant from the Commis- sion on the Bicentennial of the United States Constitution, grant number 91-CB-CX-0078. All opinions, findings, and conclusions expressed in this publication are those of the authors and do not necessarily reflect the views of the Commission on the Bicentennial of the United States Constitution, an agency of the federal government, or Hamline University School of Law. C)1991. Minnesota Center for Community Legal Education, Hamline University School of Law, Saint Paul, MN 55104 612/642-2411. Permission is granted to reproduce materials for free distribution to students and teachers. INTRODUCTION During the week of July 22-26, 1991, 40 elementary and secondary teachers gathered at Ham line University School of Law to explore the provisions of the Bill of Rights that pro- tect individuals accused of crimes. The institute, "Rights of the Accused: CriminalProtection Under the Bill of RightsPast, Present, and Future" provided wrticipants with substantive workshops on the Fourth, Fifth, Sixth, Eighth, and Fourteenth Amendments, with sample curricula designed to teach about these areas, and with the opportunity to research topics of their choice. This institute was funded by grants from the Commission on the Bicentennial of the United States Constitution. Using information gathered through their research and through the substantive sessions, the teachers developed lessons for elementary and secondary students. The lessons, collected in this publication, have been designed to introduce students to the rights of the accused and provide a scholarly study of these rights, exploring historical development as well:as current application. The lessons in this publication have been organized according to their topics. Lessons that introduce the Bill of Rights and lessons that explore all criminal rights amendments have been grouped and presented first.All other lessons have been placed in the following catego- ries: Fourth, Fifth, Sixth, Eighth, and Fourteenth Amendments, and Miscellaneous, which includes juvenile law and legal ethics. Within the categories, the lessons are presented alpha- betically by lesson title. Although every lesson indicates the appropriate grade level, teachers are encouraged to adapt the lessons to their grade levelneeds. The teachers who developed these lessons deserve a hearty note of thanks from us: thanks for working within our very tight time-frame, thanks for responding to our requests so promptly, thanks for committing personal time and energy to the project, and thanks for sharing the creative work products with.teachers throughout the country. One last note of thanks must recognize the long hours spent by Debra Berghoff in the production of this book. With the assistance of Kitty Atkins, she worked nights typing the lessons into the computer and designing them so that they are user friendly and pleasant to look at. Without her efforts, this publication would not exist. Dear good people, join us in celebrating the December 15, 1991 Bicentennial of the Bill of Rights by teaching your students the foundations of our freedoms. It will be an invest- ment well worth the time Jennifer Bloom Project Director October 1991 RIGHTS OF THE ACCUSED CRIMINAL AMENDMENTS IN THE BILL OF RIGHTS TABLE OF CONTENTS INTRODUCTION AND MULTIPLE AMENDMENT LESSONS 1. Au, MEN ARE CREATED EQUAL, Darryl Erickson 2. BILL OF RIGHTS - REMEMBER ME!, Alan Anderson 3. CHILDREN'S LITERATURE AND THE BILL OF RIGHTS, John Mueller 4. CONSTITUTIONAL TENSIONS: DEFENDANT'S RIGHTS v. RIGHTS OF SOCIETY Evan Brewer and Sandy Aldrich 5. DRED Scorr, Jean Blomgren 6. EXPLORE AND KNOW, Bernice Taylor 7. INTRODUCTION TO THE BILL OF RIGHTS, Phyllis Brostrom 8. PEOPLE'S RIGHTS CHANGE WITH THE DECISIONS OF THE COURTS Dennis Roisum 9. PRESENTING CONSTffUTIONAL ISSUES IN A NON- ADVERSARIAL MODE Mary lee Martig Johnson 10.WHOSE RIGHTS ARE VIOLAno?, Tom Mstrom 11.You DECIDE: STUDENT DEVELOPED GUIDELINES FOR SCHOOL OFFENSES Doug Johnson FOURTH AMENDMENT LESSONS 12.BELL OF RIGHTS: FOURTH AMENDMENT, Bev Dyrland 13.THE EXCLUSIONARY RULE, Tom Newell 14.THE FOURTH AMENDMENT: CHANGES AND TRENDS FOR THE 901S Alan Anderson 15.THE LOVE NOTE: AN INTRODUCTORY LESSON ON THE FOURTH AMENDMENT RIGHT OF PRIVACY, Doug Johnson 16.MINNESOTA V. RONALD RIFF: A CRIMINAL MOCK TRIAL Pat Curran and Gary Strauch 17.THE ONGOING DEBATE: CRIME CONTROL v. DuE PROCESS PROTECTION Mike Canis Minnesota Center for Community Legal Education 1 Ham line University School of Law 6 RIGHTS OF THE ACCUSED CRIMINAL AMENDMENTS IN THE BILL OF RIGHTS 18.PRIVACY AND THE FOURTH AMENDMENT, Christine Pistomik 19.THE RIGHTS OF THE ACCUSED IN SEARCH AND SEIZURE Chieu Dao and Seng Lo 20.SEARCH AND SEIZURE: WHAT DOESrrMEAN?, Gary Heath 21.UNDERSTANDING SOME IMPLICATIONS OF THE FOURTH AMENDMENT Edna Langerock FIFTH AMENDMENT LESSONS 22.DOUBLE JEOPARDY CLAUSE: A FIFTH AMENDMENT CONSTITUTION TRIVIA GAME, Kathi Kusch and John Branstrom 23."PLEADING THE FIFTH" SELF-INCRIMINATION AND THE FIFTH AMENDMENT Tamara Uselman SIXTH AMENDMENT LESSONS, 24.CASE STUDIES ON THE SIXTH AMENDMENT: THE RIGHT TO COUNSEL Rich Barbeau 25.THE RIGHT TO COUNSEL, Gerald Rueckert and Art Hesse 26.RIGHT TO COUNSEL: AN ANALYSIS OF HOW THE RIGHT TO AN ATTORNEY EXPANDED FROM BETTS V. BRANDY (1942) TO GIDEON V. WAINWRIGHT (1963), Deb Baarsch and Gerald Louden 27.To BE CONFRONTED WITH THE WITNESSES AGAINST HIM Charles Saxton EIGHTH AMENDMENT LESSONS 28.THE FINAL QUESTION, Katy Costello 29.PRETRIAL RELEASE: AKA "BAIL", Ruth Ann dePitera 30.WHAT IS CRUEL AND UNUSUAL, Pam Leindecker Minnesota Center for Community Legal Education 2 Ham line University School of Law RIGHTS OF THE ACCUSED CRIMINAL AMENDMENTS IN THE BILL OF RIGHTS FOURTEENTH AMENDMENT LESSON 31. EQUAL PROTECTION OF THE LAW: FACT OR FICTION,Cecil Ramnaraine MISCELLANEOUS LESSONS 32. ALLEN'S DILEMMA,Gerald Vita lis 33. DRAW THE LINE: PUBLIC SAFETY V. AMENDABILITY TO TREATMENT A JUVENILE CASE,Lynn Gresser 34. LESSONS IN LEGAL ETHICS: ETHICAL DILEMMAS,John Belpedio 35. LESSONS IN LEGAL ETHICS: THE LIMITS OF DEFENSE,John Belpedio 36. LESSONS INLEGAL ETHICS: CRIME ANDTHE MEDIA,John Belpedio APPENDIX A. U.S. BILL OFRIGHTS B. SIMPLIFIED CONSTITUTION AND BILL OF RIGHTS C. MINNESOTACONSTITUTION Minnesota Center for Community Legal Education 3 Hamline University School of Law RIGHTS OF THE ACCUSED INSTITUTE PARTICIPANTS Sandy Aldrich John Branstrom Park Rapids Area High School Park Center High School Park Rapids, MN 56470