1. Learning Objective
Standard Abbreviation (8.2.6) Scheduled Lesson Date (___________) Chapter/Unit (Chapter 10.5)
L.O. Students will be able to list their Constitutional rights before, during, and after a criminal trial.
CFU
What are we going to do today?
In your own words, what does Fundamental mean? ________ means __________.
Activate Prior Knowledge
When a person is accused of a crime, the government must follow certain rules to ensure that citizens rights are not violated. This is called “due process.”
Self-incrimination: to testify against yourself.
Defendant: Person accused of a crime.
Grand Jury – group of people who indict a person of a crime
Indict – to accuse someone of a crime.
Due Process: Set rules the government must follow
Academic Vocabulary
CFU
What are we going to do today?
In your own words, what does Due Process mean? ________ means __________.
Connection
Students, you already know ________________________________________.
Today, we will ___________________________________________________.
Pair-share: What are we going to do today?
Pair-share: What is due process?

2. Double-jeopardy: You can’t be tried 2 times for the same crime.
Pair-share: Is a grand jury hearing conducted before or after a trial? How do you know this?
The next four amendments lay out the rights and protections that apply to people who are accused of crimes or are involved in other legal disputes.
Fifth Amendment: Legal Rights The Fifth Amendment is the longest amendment in the Bill of Rights. It lists five important rights of citizens involved with the justice system.
First, this amendment gives people who are accused of serious crimes the right to a grand jury hearing. A grand jury is a group of citizens who hear the government’s evidence and decide whether a trial is justified. If so, the grand jury issues an indictment, or formal charge. If not, the accused person is released.
Pair-share: If we are found not guilty at trial, why is it important that the government cannot try us again?
Pair-share: If you are not guilty of anything, does that mean you must testify against yourself? Does the fact that you “take the fifth” mean that you are guilty of something?
Pair-share: Why does it take about twenty years (or more) to execute a convicted murderer in California? Do you believe it should take this long? Why or why not?
Second, the amendment protects citizens from double jeopardy. Jeopardy means risk. This protection ensures that a person who is tried for a crime and found not guilty cannot be tried again for that same crime.
Concept Development
Definitions:
Pair-share: When might the government take our property against our will? What can we do if we don’t think government is paying a fair price?
Grand jury: A panel of citizens that indicts (formally charge with a crime) a person.
Double-jeopardy: You can’t be tried 2 times for the same crime.
Self-incrimination: (“Taking the fifth”) you don’t have to testify against yourself.
Miranda Warning: You have the right to remain silent and have an attorney.
Defendant: A person accused of a crime.
Warrant: An order from a judge to search or arrest.
Due Process: A set of rules government has to follow before taking someone’s “life, liberty, or property”.
Third, the amendment prohibits self-incrimination. This means that police cannot force people to say things that might be used against them in a trial.
Today, police are required to remind people of their right to remain silent before they start to question them. They must also warn people that anything they do say can be used against them at a trial. This reminder is known as the “Miranda warning,” after the case in which the Supreme Court defined this requirement.
The protection against self-incrimination also applies to a defendant testifying in court. Defendants may refuse to answer questions that might damage their case. This refusal is called “taking the Fifth.”
The Fifth Amendment protects a person’s rights before (s)he goes to court. The Fifth Amendment grants 5 rights.
This amendment gives people who are accused of a serious crime the right to a _________ __________ __________.
If a person is found not guilty at trial, they cannot be tried again. This is called “_________ ____________”.
Government officials (police) cannot force a person to confess to a crime. People are protected from ______-________________. People are read the __________ __________.
Government officials cannot take a person’s life, liberty (freedom), or property without _______ ______________.
If government does take a person’s property, they must pay a fair price (________ ___________________) for it.
Next, the Fifth Amendment says that a person cannot be deprived of “life, liberty, or property, without due process of law.” The government must follow clear rules and act reasonably as it carries out the law. This concept is known as due process. For example, the Supreme Court has held that every person should be presumed innocent until proven guilty. In addition, the government must prove its case against a defendant “beyond a reasonable doubt.”
grand jury hearing
double jeopardy
self incrimination
Miranda
Warning
Finally, the Fifth Amendment says that the government cannot take someone’s private property for public use “without just compensation.” Just compensation means that the government must pay a fair price when it takes over a person’s property for purposes such as building roads or parks.
due process
just
compensation

3. Skill Development/Guided Practice
Jared is accused of stealing a car. He is indicted, taken to trial, and found not guilty. A week later, the police arrest Jared again claiming they have found new evidence. Can the police do this? Why or why not?
Steps to Complete the Skill:
Read the scenario carefully.
Identify the Fifth Amendment right(s) that apply.
Discuss with your partner which rights are being violated.
Write your answer on the line in a complete sentence.
Jared cannot be arrested again because the Fifth Amendment guarantees we cannot be tried twice for the same crime if we are found not guilty at the first trial. This is called double jeopardy.
CFU (process questions): 1
How did I/you _________________________________________________________________. 2
How did I/you _________________________________________________________________. 3
How did I/you _________________________________________________________________. 4
How did I/you _________________________________________________________________.

4. Skill Development/Guided Practice
The Mendez family have been living in their home for twenty years. A new highway is coming through their property and state officials informed them that they would have to move out in 90 days. Can the state do this?
Steps to Complete the Skill:
Read the scenario carefully.
Identify the Fifth Amendment right(s) that apply.
Discuss with your partner which rights are being violated.
Write your answer on the line in a complete sentence.
Yes, the state can take the Mendez’ property in order to build a new highway, but the state must also pay the Mendez family a fair price for the land. This is know as just compensation.
CFU (process questions): 1
How did I/you _________________________________________________________________. 2
How did I/you _________________________________________________________________. 3
How did I/you _________________________________________________________________. 4
How did I/you _________________________________________________________________.

5. Skill Development/Guided Practice
Linda is accused of stealing from the bank she works at. According to the Fifth Amendment, what must happen before she can be taken to trial?
Steps to Complete the Skill:
Read the scenario carefully.
Identify the Fifth Amendment right(s) that apply.
Discuss with your partner which rights are being violated.
Write your answer on the line in a complete sentence.
Linda is entitled to a grand jury hearing in order to ensure there is enough evidence to take her to court.
CFU (process questions): 1
How did I/you _________________________________________________________________. 2
How did I/you _________________________________________________________________. 3
How did I/you _________________________________________________________________. 4
How did I/you _________________________________________________________________.

6. Skill Development/Guided Practice
Ben is suspected of stealing from his company, but the police do not have enough evidence to arrest him. What must Ben remember when the police start to question him? What must the police remember to do as they question him for evidence?
Steps to Complete the Skill:
Read the scenario carefully.
Identify the Fifth Amendment right(s) that apply.
Discuss with your partner which rights are being violated.
Write your answer on the line in a complete sentence.
Ben should remember that he has the right to remain silent when being questioned by police. He does not have to testify against himself. To ensure Ben’s rights are preserved, the police much remember to read the Miranda Warning to Ben informing him of his right not to testify against himself.
CFU (process questions): 1
How did I/you _________________________________________________________________. 2
How did I/you _________________________________________________________________. 3
How did I/you _________________________________________________________________. 4
How did I/you _________________________________________________________________.

7. Skill Development/Guided Practice
Jack is seen stealing a car by a police officer. Why can’t the police simply send him to prison since his is obviously guilty?
Steps to Complete the Skill:
Read the scenario carefully.
Identify the Fifth Amendment right(s) that apply.
Discuss with your partner which rights are being violated.
Write your answer on the line in a complete sentence.
According to the Fifth Amendment, Jack is entitled to due process. The police must follow clear and set rules in order to take Jack to trial for his crime.
CFU (process questions): 1
How did I/you _________________________________________________________________. 2
How did I/you _________________________________________________________________. 3
How did I/you _________________________________________________________________. 4
How did I/you _________________________________________________________________.

8. ___________________________ will help you:
Relevance
___________________________ will help you:
Learning Objective 1
Personal 2
Real-World Applications 3
Academic
If you are ever accused of a crime, you need to know what your rights are.
News and crime shows constantly talk about our rights. We need to know our rights so we can understand what we see and hear.
Unit Testing and CST
Closure 1
Skill 2
Summary
What did you learn today about your Constitutional rights before, during, and after a criminal trial?
Tell you partner what you believe is the most important part of the Fifth Amendment
Learning Objective
Independent Practice/Periodic Reviews
A matched problem for each Skill Development/Guided Practice variation. 1. 2.
Variation 1
Variation 2

9. Sixth Amendment: All your rights in court.
Pair-share: Why is it important that a trial be speedy? Public? Impartial?
Sixth Amendment: Criminal Trial Rights The Sixth Amendment lists a number of rights that are designed to provide accused persons with fair trials. It begins with the right to “a speedy and public trial, by an impartial jury.”
The right to a speedy trial means that people cannot be kept in jail for long periods before being judged at a trial. Speedy trials also ensure that witnesses testify while their memories of events are still fresh.
“Public” means that trials may not be held in secret. Citizens have a right to attend trials to make sure that justice is being done.
Pair-share: Why is it fair that prosecution tell the accused the charges, and the time and place of the crime (s)he is accused of?
Pair-share: Why is it important that a person accused of a crime be able to hear and question all witnesses for and against him/her?
Pair-share: If you are innocent, why would you need an attorney in court?
Pair-share: Which right in the Sixth Amendment seems to be the most important to you? Why did you pick that one?
Pair-share: Can a judge demand $50,000 bail for a suspect who was caught stealing televisions from a store? How do you know?
“Public” means that trials may not be held in secret. Citizens have a right to attend trials to make sure that justice is being done.
An accused person also has the right to be judged by a jury of people who live in his or her area. The jury must be impartial, which means that jurors are not prejudiced (influenced) against the defendant. Courts have also said that prosecutors cannot exclude potential jurors based on their race or gender.
Concept Development
Definitions:
Pair-share: How would you define a “cruel and unusual” punishment? How do you know when a punishment is cruel and unusual?
Sixth Amendment: All your rights in court.
prosecution: The lawyers who try to convict the accused.
Bail: Money paid to get out of jail
Excessive: too much
Proportionate: fair – Big crime, big punishment/small crime, small punishment
The Sixth Amendment protects a person’s rights in court. The Sixth Amendment grants 4 rights to the accused. The 8th Amendment covers bail and punishments.
A person accused of a crime has a right to a _________ and __________ __________ by an _________________ __________________.
Before trial the prosecutor must tell the accused the ________________, and ______________ and ________________ the supposed crime took place.
The accused have a right to hear and question all ________________ and to ask the court to make ________________________ witnesses to testify in court.
The defendant has the right to an ____________________ before questioning. If the defendant cannot afford and attorney, one will be provided by the court.
The Eighth Amendment prevents a judge from using unreasonably high _____________ (money paid to get out of jail) to keep a defendant in jail before trial.
Similarly, a judge cannot pronounce a punishment for a crime that is “_____________ and ______________, or excessive (fines). An example: public whippings and branding.
Judges can only pronounce punishments that are proportionate to the crime. Big crime, ___________ punishment. Small crime, small ___________________.
Before a trial, the prosecutor must tell the accused person not only the charge, but also the time and place of the supposed crime. This information is essential to the accused person’s preparation of his or her defense.
speedy public trial
Impartial (fair) jury
charge
A defendant also has the right to hear and question all witnesses who testify at the trial. In addition, the defendant can ask the court to order reluctant (unwilling) witnesses to testify against their wishes.
time place
witnesses
unwilling
attorney
Lastly, a defendant has the right to an attorney to assist in his or her defense. The Supreme Court has called this the most important of all the rights of accused persons. Without legal help, an innocent person may all too easily be convicted of a crime.In the past, only people with money to hire lawyers enjoyed this important right. Today, people accused of crimes are provided with a lawyer if they cannot afford to pay for one.
bail
cruel
unusual
Eighth Amendment: Bail and Punishments The Eighth Amendment protects an accused person’s rights both before and after trial. Before a trial, it forbids a judge from demanding “excessive” bail. Bail is money or property given to the court to hold until an accused person shows up at trial. If a defendant cannot pay bail, he or she stays in jail until trial. The Eighth Amendment prevents judges from using unreasonably high bail to keep someone in jail before his or her day in court.
big
punishment
After a trial, if the person is found guilty, the Eighth Amendment forbids “excessive fines” and “cruel and unusual punishments.” It does not say what such punishments are. In 1791, physical punishments like whipping and branding were common. Today, they are considered cruel. As Supreme Court justice Thurgood Marshall has written, “A penalty that was permissible at one time in our Nation’s history is not necessarily permissible today.”
The Supreme Court has interpreted this amendment to mean that punishments must be “proportionate” to the crime. Judges cannot, for example, impose long prison terms on people convicted of minor crimes. The Court has also held that this amendment prohibits inhumane prison conditions, such as depriving prisoners of food.
Today, Americans continue to debate whether the death penalty should be banned under the Eighth Amendment. Opponents of the death penalty have argued that executing anyone is a cruel and unusual punishment, no matter how horrible the crime. The Supreme Court has disagreed. In the 1976 case of Gregg v. Georgia, the Court’s decision stated that “the punishment of death for the crime of murder does not, under all circumstances, violate the Eighth” Amendment.

10. Below is the story of Tim who was falsely accused of a crime and not afforded the protections offered in the Sixth and Eighth Amendments. Read the story and then explain which specific protections were withheld and how you know that.
Skill Development/Guided Practice
After a game of midnight basketball, Tim was stopped by police on his way home. They arrested him and took him to jail for the night. The next day Tim was told he was accused of stealing a car. He was brought before a judge who set bail at $500,000, an amount that Tim could never hope to raise. He asked the jailers if he could get a lawyer but was told that there was a shortage and he would not be able to speak with one anytime soon. After 3 months and about a week before the trial, Tim was appointed a lawyer who was overworked and underpaid. The lawyer did not have time to track down the friends that Tim had been playing basketball with, so he had no one to confirm where he was that night. The jury found Tim guilty and the judge sentenced him to ten years in prison. In addition, Tim would have the word “thief” tattooed onto his forehead.
Speedy and public trial by an impartial jury:
Was told the charges, the time and place of the crime:
Tim had to wait three months to get his trial. The Sixth Amendment guarantees a speedy trial.
The right to hear and question all witnesses:
CFU (process questions):
When Tim was arrest he wasn’t told what the charge was or the time and place, information guaranteed by the Sixth Amendment.
The defendant has a right to an attorney:
He wasn’t given the chance to call witnesses which would have proven he was not guilty. The Sixth Amendment guarantees the right to call witnesses.
Protection against excessive bail:
Tim was denied the right to a good and effective attorney that he needed to prepare a defense. The Sixth Amendment guarantees our right to an attorney that will assist our defense even if we can’t afford one.
Protection against excessive punishment:
Cruel and unusual punishment:
Tim’s bail was much larger than necessary for his crime. We are guaranteed that excessive bail will not be demanded by the judge.
Ten years for car theft? That is an excessive punishment. We are guaranteed that our punishment will not be excessive. Our punishment is to be proportionate to the crime.
Tattooing “thief” on the forehead would meet anyone’s definition of cruel and unusual punishment. That is forbidden by the 8th Amendment.

11. Double-jeopardy: You can’t be tried 2 times for the same crime.
Concept Development
Definitions:
Grand jury: A panel of citizens that indicts (formally charge with a crime) a person.
Double-jeopardy: You can’t be tried 2 times for the same crime.
Self-incrimination: (“Taking the fifth”) you don’t have to testify against yourself.
Miranda Warning: You have the right to remain silent and have an attorney.
Defendant: A person accused of a crime.
Warrant: An order from a judge to search or arrest.
Due Process: A set of rules government has to follow before taking someone’s “life, liberty, or property”.
The Fifth Amendment protects a person’s rights before (s)he goes to court. The Fifth Amendment grants 5 rights.
This amendment gives people who are accused of a serious crime the right to a _________ __________ __________.
If a person is found not guilty at trial, they cannot be tried again. This is called “_________ ____________”.
Government officials (police) cannot force a person to confess to a crime. People are protected from ______-________________. People are read the __________ __________.
Government officials cannot take a person’s life, liberty (freedom), or property without _______ ______________.
If government does take a person’s property, they must pay a fair price (________ ___________________) for it.

12. Sixth Amendment: All your rights in court.
Concept Development
Definitions:
Sixth Amendment: All your rights in court.
prosecution: The lawyers who try to convict the accused.
Bail: Money paid to get out of jail
Excessive: too much
Proportionate: fair – Big crime, big punishment/small crime, small punishment
The Sixth Amendment protects a person’s rights in court. The Sixth Amendment grants 4 rights to the accused. The 8th Amendment covers bail and punishments.
A person accused of a crime has a right to a _________ and __________ __________ by an _________________ __________________.
Before trial the prosecutor must tell the accused the ________________, and ______________ and ________________ the supposed crime took place.
The accused have a right to hear and question all ________________ and to ask the court to make ________________________ witnesses to testify in court.
The defendant has the right to an ____________________ before questioning. If the defendant cannot afford and attorney, one will be provided by the court.
The Eighth Amendment prevents a judge from using unreasonably high _____________ (money paid to get out of jail) to keep a defendant in jail before trial.
Similarly, a judge cannot pronounce a punishment for a crime that is “_____________ and ______________, or excessive (fines). An example: public whippings and branding.
Judges can only pronounce punishments that are proportionate to the crime. Big crime, ___________ punishment. Small crime, small ___________________.