Constitutional Issues during Criminal Trials
Course
Principles of
LPSCS
Unit I
History and
Development
of Criminal
Law
Essential
Question
What
constitutional
rights do
citizens have
during a
criminal trial?
TEKS
130.292(c)
(7)(B)
Prior Student
Learning
Familiarization
with the Bill of
Rights
Estimated
time
1 to 3 hours
Rationale
As the "highest law of the land," the Constitution remains the most important guide
to all parts of government, including criminal trials. This lesson will help students
understand constitutional rights and issues during criminal trials.
Objectives
The students will be able to:
1. Define terms associated with the lesson.
2. Identify which amendments apply to criminal trials.
3. Discuss the amendments involved in the U.S. Constitution.
4. Explain how the U.S. Constitution affects the trial process.
5. Analyze the amendments that affect the trial process.
Engage
Use the following case study and questions for discussion:
Paul Warner Powell, of Virginia was tried for murder and given a life sentence in
the first trial. Later he wrote a letter to the attorney who prosecuted him explaining
new details related to the crime, including the attempted rape of the victim. The
attorney was granted a second trial to seek the death penalty. The defendant was
given the death penalty and was eventually executed. For more information, read
the full article here:
http://www.cnn.com/2010/CRIME/01/25/scotus.killers.letter/index.html?iref=allsear
ch
Why was the prosecutor granted a second trial? Why is that not double jeopardy?
Do you think this was double jeopardy? Why or Why not?
Key Points
I. Key Terms
A. United States Constitution – The official document that is the basis of
government and law in the United States. It was written in 1787, and ratified
in 1789. Many amendments have been added since then.
B. Bill of Rights – The first ten amendments of the United States Constitution.
C. Due Process – The constitutional rights of citizens against government
actions that threaten the denial of life, liberty, or property. In criminal cases,
arrests and trials must meet certain minimum standards of fairness, and
laws cannot violate constitutional rights.
D. Probable Cause – The standard used to determine whether a crime has
been committed and whether there is sufficient evidence to believe that a
specific person committed it.
E. Search Warrant – Issued by a magistrate when he or she has been
presented with sufficient and convincing evidence that a crime has been
committed, and that the place to be searched contains seizable evidence
related to the matter. (A few exceptions apply.)
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F. Grand Jury – A group of citizens who hear testimony in closed session and
decide whether to issue a criminal indictment.
G. Jury – A group of citizens selected according to law, sworn to inquire about
certain matters of fact, and who declare the truth about the evidence
presented to them.
H. Double Jeopardy – Successive prosecution of a defendant for the same
offense by the same jurisdiction.
I. Right against self-incrimination – “Taking the 5th.” The right not to answer
questions that would tend to be self-incriminating.
J. Counsel – A lawyer who represents a party in a legal matter.
K. Witness – A person whose declaration under oath (testimony) is received as
evidence, has personal knowledge of a fact as perceived by or through any
of his or her senses, and is then able to communicate this information or
knowledge.
L. Bail – An amount of money specified by a judge to be posted as a condition
for freedom from jail between the time of arrest and trial. Intended to make
sure the defendant is present at his or her trial.
M. Trial – A judicial proceeding where testimony is offered before a judge
sitting without a jury, or a judge sitting with a jury, where issues of fact and
law are determined.
N. Sentence – The imposition of a penalty upon a person convicted of a crime.
II. Significant Constitutional Amendments
A. Amendment IV
1. Probable cause
2. Search warrant
3. Unreasonable Searches and Seizures
B. Amendment V
1. Grand jury
2. Double jeopardy
3. Self incrimination
4. Due Process
C. Amendment VI
1. Criminal Prosecutions
2. Jury Trial
3. Speedy and Public Trial
4. Right to Counsel
5. Right to confront witness
D. Amendment VII
1. Jury trial
E. Amendment VIII
1. Excess Bail or Fines
2. Cruel and unusual punishments
F. Amendments XIV
1. Privileges and Immunities
2. Due Process
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3. Equal Protection
III. Constitutional Effects on Criminal Trials
A. Amendment IV – The right of the people to be secure in their
persons, houses, papers, and effects against unreasonable searches
and seizures shall not be violated, and no warrants shall issue, but
upon probable cause, supported by oath or affirmation, and
particularly describing the place to be searched, and the persons or
things to be seized.
B. Amendment V – No person shall be held to answer for a capital, or
otherwise infamous crime, unless on a presentment or indictment of
a grand jury, except in cases arising in the land or naval forces, or in
the militia, when in actual service in time of war or public danger; nor
shall any person be subject for the same offense to be twice put in
jeopardy of life or limb; nor shall any person be compelled in any
criminal case to be a witness against himself, nor be deprived of life,
liberty, or property, without due process of law; nor shall private
property be taken for public use without just compensation.
C. Amendment VI – In all criminal prosecutions the accused shall enjoy
the right to a speedy and public trial by an impartial jury of the state
and district wherein the crime shall have been committed, which
district shall have been previously ascertained by law, and to be
informed of the nature and cause of the accusation; to be confronted
with the witnesses against him; to have compulsory process for
obtaining witnesses in his favor; and to have the assistance of
counsel for his defense.
D. Amendment VII – In suits at common law, where the value in
controversy shall exceed twenty dollars, the right of trial by jury shall
be preserved, and no fact tried by a jury shall be otherwise
reexamined in any court of the United States, other than according to
the rules of the common law.
E. Amendment VIII – Excessive bail shall not be required, nor excessive
fines imposed, nor cruel and unusual punishments inflicted.
F. Amendment XIV – No state shall make or enforce any law which
shall abridge the privileges or immunities of citizens of the United
States; nor shall any state deprive any person of life, liberty, or
property without due process of law; nor deny to any person within its
jurisdiction the equal protection of the laws.
IV. Significance of Trial
A. The right to trial by a jury of one’s peers is a cornerstone of the individual
freedoms guaranteed by the U.S. Constitution’s Bill of Rights.
B. In a criminal case, trial by jury places twelve citizens between the power of
the government and the rights of the accused.
C. The government cannot take away someone’s right to life, liberty, or
property until it has convinced those twelve citizens of that person’s guilt
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beyond a reasonable doubt.
D. In a civil (or non-criminal) case, the jury represents the community’s
conscience and common sense in resolving disputes.
E. Trial by jury is also a vital part of our democracy. Besides voting, nothing is
so active and participatory in nature.
F. Thomas Jefferson described trial by jury as “the only anchor ever yet
imagined by man, by which a government can be held to the principles of its
constitution.”
Activities
1. Students are to complete the Constitutional Issues during Criminal Trials
Puzzle handout to reinforce key terms.
2. Have students read the Amendments of the U.S. Constitution that apply to
the trial process. Analyze those Amendments. Be prepared to discuss with
the class their thoughts of each Amendment.
3. Divide up into teams. Write or print each significant Amendment on a small
piece of paper. Have each team choose a piece of paper. Give each team
a piece of poster board on which they are to highlight significant portions of
the Amendment they chose, and how it pertains to criminal trials. Be
prepared to present to the class.
Assessments
Constitutional Issues During Criminal Trials Quiz
Discussion Rubric
Presentation Rubric
Resources
The United States Bill of Rights
http://www.archives.gov/exhibits/charters/bill_of_rights_transcript.html
The Courts and Criminal Procedure, Instructional Materials Service, Trade and
Industry Education
Criminal Courts: Structure, Process, & Issues (2nd Edition), Dean John Champion,
Richard D. Hartley, & Gary A. Rabe
Our Rights (1st Edition), David Bodenhamer
http://www.sunnylandsclassroom.org/Asset.aspx?Id=1329
The Annenberg Classroom http://www.annenbergclassroom.org
FindLaw http://www.findlaw.com
Justice Learning http://www.justicelearning.org
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Materials
Constitutional Issues During Criminal Trials PowerPoint
Constitutional Issues During Criminal Trials Key Terms handout
Constitutional Issues During Criminal Trials Puzzle handout
Poster board
Slips of paper with significant Amendments printed on each
Markers
Accommodations for Learning Differences
For reinforcement, students will list terms and explain which significant
Amendment applies to each term.
For enrichment, students will research specific court cases that dealt with the
issues in the significant Amendments discussed.
State Education Standards
Texas Essential Knowledge and Skills for Career and Technical Education
130.292 Principles of Law, Public Safety, Corrections and Security (One-Half to
One Credit)
(7) The student understands the historical and philosophical development of
criminal law. The student is expected to:
(B) explain the impact of the United States Constitution and Bill of Rights on
criminal law in regard to the rights of citizens.
College and Career Readiness Standards
Cross-disciplinary Standards
I. Key Cognitive Skills
D. Academic Behaviors
3. Strive for accuracy and precision.
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Constitutional Issues during Criminal Trials
Key Terms
1. United States Constitution – The official document that is the basis of
government and law in the United States. It was written in 1787, and ratified
in 1789. Many amendments have been added since then.
2. Bill of Rights – The first ten amendments of the United States Constitution.
3. Due Process – The constitutional rights of citizens against government actions
that threaten the denial of life, liberty, or property. In criminal cases, arrests
and trials must meet certain minimum standards of fairness and laws cannot
violate constitutional rights.
4. Probable Cause – The standard used to determine whether a crime has been
committed and whether there is sufficient evidence to believe that a specific
person committed it.
5. Search Warrant – Issued by a magistrate when he or she has been presented
with sufficient and convincing evidence that a crime has been committed and
that the place to be searched contains seizable evidence related to the
matter. (A few exceptions apply.)
6. Grand Jury – A group of citizens who hear testimony in closed session and
decide whether to issue a criminal indictment.
7. Jury – A group of citizens selected according to law, sworn to inquire about
certain matters of fact, and who declare the truth about the evidence
presented to them.
8. Double Jeopardy – Successive prosecution of a defendant for the same offense
by the same jurisdiction.
9. Right against self-incrimination – “Taking the 5th.” The right not to answer
questions that would tend to be self-incriminating.
10. Counsel – A lawyer who represents a party in a legal matter.
11. Witness – A person whose declaration under oath (testimony) is received as
evidence; has personal knowledge of a fact as perceived by or through any of
his/her senses and is then able to communicate this information or
knowledge.
12. Bail – An amount of money specified by a judge to be posted as a condition for
freedom from jail between the time of arrest and trial. Intended to make sure
the defendant is present at his or her trial.
13. Trial – A judicial proceeding where testimony is offered before a judge sitting
without a jury, or a judge sitting with a jury, where issues of fact and law are
determined.
14. Sentence – The imposition of a penalty upon a person convicted of a crime.
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Name:_________________________
Date:___________________________
Constitutional Issues during Criminal Trials Puzzle
Directions:
Unscramble each of the clue words. Copy the letters in the numbered cells to other cells with
the same number.
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Constitutional Issues during Criminal Trials Puzzle Key
Bill of Rights
Due Process
Probable Cause
Search Warrant
Grand Jury
Jury
Double Jeopardy
Self-incrimination
Counsel
Witness
Bail
Trial
Sentence
United States Constitution
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Name:_________________________
Date:___________________________
Constitutional Issues during Criminal Trials Quiz
1. _____The Bill of Rights is made up of ____ Amendments.
a. 11-27
b. 1-27
c. 1-10
d. 5-10
2. _____A group of citizens who hear testimony in closed session and decide
whether to issue a criminal indictment is called what?
a. Witnesses
b. Jury
c. Counsel
d. Grand Jury
3. _____Which of these is not an imposition of a penalty upon a person convicted of
a crime?
a. Prison time
b. Fine
c. Bail
d. Capital punishment
4. _____The Fourth Amendment protects us from which of the following?
a. Testifying against ourselves
b. Getting caught committing a crime
c. Unreasonable searches and seizures
d. Seizing our private property
5. _____Which of the following is not one of the rights of the accused protected by
the Fifth Amendment?
a. Protection against self-incrimination
b. Protection against double jeopardy
c. You cannot have life, liberty, or property taken away without due
process of law
d. Protection against excessive bail
6. _____The Eighth Amendment focuses on which of the following?
a. Getting caught committing a crime
b. Excessive bail
c. Religion
d. Speedy trial
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7. _____The Sixth Amendment protects us from what?
a. Getting caught committing a crime
b. Excessive bail
c. Religion
d. Delayed trial
8. _____Trial by jury applies to which amendment?
a. Second
b. Third
c. Fifth
d. Seventh
9. _____ The Fourth Amendment applies to which of the following?
a. Due Process
b. Religion
c. Bail
d. Speedy trial
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Constitutional Issues during Criminal Trial Quiz Key
1.
2.
3.
4.
5.
6.
7.
8.
9.
C
D
C
C
D
B
D
D
A
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Name_______________________________________
Date_______________________________
Discussion Rubric
Objectives
4 pts.
Excellent
3 pts.
Good
2 pts. Needs Some
Improvement
1 pt. Needs Much
Improvement
N/A
Pts.
Participates in group discussion
Encourages others to join the
conversation
Keeps the discussion progressing
to achieve goals
Shares thoughts actively while
offering helpful recommendations to
others
Gives credit to others for their ideas
Respects the opinions of others
Involves others by asking questions
or requesting input
Expresses thoughts and ideas
clearly and effectively
Total Points (32 pts.)
Comments:
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Name:____________________________________
Date:_____________________________
Presentation Rubric
Objectives
4 pts.
Excellent
3 pts.
Good
2 pts. Needs Some
Improvement
1 pt. Needs Much
Improvement
N/A
Pts.
Topic/Content
• Topic discussed completely and in-depth
• Includes properly cited sources (if used)
Creativity/Neatness
• Integrates a variety of multimedia effects
to create a professional presentation
(transition and graphics) or appropriate
visual aid used
• Title slide, table of contents, bibliography
are included, using acceptable format
Mechanics
• Grammar, spelling, punctuation, and
capitalization are correct
• Image and font size are legible to the
entire audience
Oral Presentation
• Communicates with enthusiasm and eye
contact
• Voice delivery and projection are
dynamic and audible
Audience Interaction
• Presentation holds the audience’s
attention and relates a clear message
• Clearly and effectively communicates the
content throughout the presentation
Total Points (20 pts.)
Comments:
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