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. Films for the Humanities & Sciences® Copyright © 2012 Films for the Humanities & Sciences® • www.films.com • 1-800-322-8755 1 Due Process: Instructor’s guide Crime, Law, and Enforcement 48002 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 ser- vice, 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 unreason- able 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) Films for the Humanities & Sciences® Copyright © 2012 Films for the Humanities & Sciences® • www.films.com • 1-800-322-8755 2 Due Process: Instructor’s guide Crime, Law, and Enforcement 48002 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. Films for the Humanities & Sciences® Copyright © 2012 Films for the Humanities & Sciences® • www.films.com • 1-800-322-8755 3 Due Process: Instructor’s guide Crime, Law, and Enforcement 48002 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. Films for the Humanities & Sciences® Copyright © 2012 Films for the Humanities & Sciences® • www.films.com • 1-800-322-8755 4 Due Process: Instructor’s guide Crime, Law, and Enforcement 48002 • 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 viola- tions, among others.