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Skills and Best Practices

Activity 3: Skills and Best Practices

The Biopoem

“Writing must receive major emphasis in teaching-learning situations. There are important differences between creative endeavors and those that involve role learning and exact answers. Creativity emphasizes the novel, the unique, the original, and the open-ended. Creativity should stress writing across the curriculum, and should involve reading and writing both prose and poetry.”

–Ediger, Marlow. 1991-00-00 ERIC #: ED341051

hrsbstaff.ednet.ns.ca/phillie/webquest/ibiopoem.htm

BioPoem is a structured collection of vivid details about a character’s life, personality traits and aspirations: a portrait in words. In creating your BioPoem, try to avoid generalizations, which tend to be boring and uninteresting, in favour of vivid details which reveal interesting aspects of your subject. The structure of the BioPoem you are going to use is outlined below. An example is also provided. Begin each line with the words in quotes where indicated, and after research supply the details requested in the parentheses. Good luck!

Line 1: (Character’s first name) 
Line 2: “Relative of…” or Friend of…” (List 3 or 4 relatives or friends) 
Line 3: (List 4 character traits that would describe this person or his personality 
Line 4: (Position or job) 
Line 5: “Lover of…” (3 things, people, activities, etc.) 
Line 6: “Who felt…” (3 emotions and explanations) 
Line 7: “Who has been…” (3 places or events this character has been) 
Line 8: “Who needed…” (3 descriptions of things this character may have needed) 
Line 9: “Who feared…” (3 descriptions of things this character may have feared) 
Line 10: “Who gave…” (3 descriptions of what this character has given to family, friends, the world, etc.) 
Line 11: “Who longed for…” (3 descriptions) 
Line 12: “Who would like to have seen…” (3 descriptions of things the character may have wanted to have seen in his lifetime) 
Line 13: (Synonym – one profound word that describes the character) 
Line 14: “Resident of…” (description of place, dates, location, etc.) 
Line 15: (Character’s last name)

This site also provides an excellent example using Winnie the Pooh as an example.

Role Play

The Western Center for Drug-Free Schools and Communities, Northwest Regional Educational Laboratory (1991) suggests that role playing, Socratic instruction, and small group work are effective teaching strategies for curriculum infusion.

Instructions for Role Play:

Role-playing is an activity in which students assume the role of another person and act it out. In a role play, students are usually given an open-ended situation in which they must make a decision, resolve a conflict, or act out the conclusion to an unfinished story. Role-playing is designed to promote student empathy and understanding of others. By acting out the role of another individual it is easier to see others’ points of view, including how other people think and feel. Role-playing can give students the opportunity to learn behavior appropriate for various situations. Role-playing is also useful for developing critical thinking, decision making, and assertiveness skills.

Procedure:

  1. Selection of the Role Play Situation: There are a number of situations which lend themselves to the use of role play. These situations include individual dilemmas (e.g., dealing with a pushy salesperson, observing a crime, or testifying in court) and conflict-resolution situations (e.g., a tenant negotiating with a landlord over the terms of a lease or a police officer confronting a suspected shoplifter). Role-playing can be used to deal with a specific issue or problem; for example, role-playing could be used to discuss whether or not adopted persons should be given access to records that reveal the name and whereabouts of their natural parents. Finally, role plays are useful for developing student skills as an interviewer, negotiator, assertive consumer, investigator, or decision maker.
  2. Preparation and Warm-Up: Students should be told the situation or problem and instructed as to the various roles. If role-playing is new to the class, “warm-up” or introductory activities may be helpful. For example, students might be asked to role play greeting a long-lost friend, or to role-play the way someone who had just won a large sum of money would act.
  3. Select Participants: Students can either be assigned roles or the teacher can ask for volunteers. Role plays may be conducted in front of the entire class or a number of simultaneous role plays could be conducted by dividing the class into small groups. Students who do not participate in the role play should act as observers.
  4. Conduct the Role Play: Direct students to act out the role the way they think someone faced with the same situation would act in real life. The teacher should not interrupt the role play; however, if the students need some help in getting started the teacher should assist the students. After conducting the role-play it is sometimes useful to have students reverse roles or to conduct the same role play using different participants. For example, two students might role play a confrontation between a youth and a police officer. After conducting the role play once, the student who acted as the youth could assume the role of the police officer and vice versa.
  5. Debrief: The role-play activity should be debriefed and evaluated. This is an opportunity for both the participants and the observers to analyze the role play and to discuss what happened and why. Typical debriefing questions include the following:
    • How did you feel about the role play and each of the various roles?
    • Was the role play realistic? How was it similar to or different from real life? Was the problem solved? If so, how? If not, why not?
    • What, if anything, could have been done differently? What other outcomes were possible?
    • What did you learn from the experience?

Formative Assessment

Activity 2: Formative Assessment

Printable Student View

Write an essay based upon how the Appeals Process protects our individual rights protected by the Constitution. Make certain that you explain the importance of the Supreme Court and judicial review. Within your essay, you may choose to use facts from either Gideon v. Wainwright or Miranda v. Arizona.

Scoring Guide

Skills and Best Practices

Activity 2: Skills and Best Practices

Sequence of Events Chart

“Graphic organizers are perhaps the most common way to help students generate nonlinguistic representations.”

–Marzano, Robert J., Pickering, Debra J., Pollock, Jane E. (2001). Classroom Instruction That Works. McREL/ASCD. 75. Northwest Regional Educational Laboratory, Pathways to School Improvement: www.ncrel.org.

Sequence of Events chart is a graphic organizer used to describe the stages of something (the life cycle of a primate); the steps in a linear procedure (how to neutralize an acid); a sequence of events (how feudalism led to the formation of nation states); or the goals, actions, and outcomes of a historical figure or character in a novel (the rise and fall of Napoleon). Key frame questions: What is the object, procedure, or initiating event? What are the stages or steps? How do they lead to one another? What is the final outcome?

Cornell Notes: Two-Column Note Taking

The Cornell system for taking notes is designed to save time but yet be highly efficient. There is no rewriting or retyping of your notes. It is a “DO IT RIGHT IN THE FIRST PLACE” system. It consists of the following stages:

  • Preparation
  • During the Lecture
  • After the Lecture

www.ucc.vt.edu.

Description:

This technique requires the student to draw a line lengthwise down the middle of a piece of note paper. (Some loose-leaf notebook paper comes already prepared in this format.) As the student reads or listens, major headings or concepts are recorded in the space to the left, supporting details in the space to the right. Only one side of the paper is used. When it comes time to study, the paper is folded down the center line so that either the main ideas or the details are visible, but not both at once. In studying for an essay exam, the student tries to recall the details while looking at the main ideas; in studying for a multiple choice test, the student tries to recall main ideas while looking only at the details. In this form, the students’ notes are a mnemonic device (a tool for memory) that is much more efficient than rereading or trying to recall strictly from memory.

Procedure:

It will be best to model the 2-column procedure with students. Assign a short selection to be read, one with an organization that transparently lends itself to easy note taking (that is, has clearly stated main ideas and supporting details.) Using an overhead transparency projector, construct your own notes on the selection and share them with your students. Discuss the decisions you made, thinking aloud about how you did what you did in constructing the notes. A variation on this procedure is to make notes on a selection in a group setting, again using a transparency. This allows the students to see an outline take shape as they participate in its construction. Activities such as this can be repeated numerous times with the double benefit of teaching something about note taking and providing a springboard for discussion of reading assignments.

Formative Assessment

Activity 1: Formative Assessment

Printable Student View

Explain how the due process rights listed below are violated in the following story:

  1. Habeas Corpus
  2. Right to Counsel
  3. Presumption of Innocence
  4. Notice
  5. Right of Appeal

A middle school is located directly across the street from a high school. There are no rules that forbid middle school students from being on the high school grounds after the school day is completed.

At the end of one school day, two middle school students noticed a large crowd of high school students gathering on the lawn of the high school. Everyone seemed to be excited and some high school students were yelling. The two middle school students could not hear what the yelling was about.

The two middle school students crossed the street to see what was going on. They had just entered the crowd when a police car and van pulled up. The crowd of high school students scattered and the two middle school students walked home.

Later that evening, the middle school principal contacted the two students. He told them they were suspended from school for 10 days and that the suspension would begin immediately.

The next day, the students asked if they could explain themselves and if the principal might change his mind. He stated that he did not need to hear an explanation and that there would be no change in their punishment of being suspended for 10 days.

Scoring Guide

Skills and Best Practices

Activity 1: Skills and Best Practices

Think/Pair/Share & Informal Cooperative Learning Groups

What is Think/Pair/Share? Copyright © 1998-2000 by Raymond C. Jones www.wcer.wisc.edu/nise/CL1/CL/doingcl/thinkps.htm

Think/Pair/Share is a cooperative discussion strategy developed by Frank Lyman and his colleagues in Maryland. It gets its name from the three stages of student action, with emphasis on what students are to be DOING at each of those stages.

How Does It Work?

  • Think. The teacher provokes students’ thinking with a question or prompt or observation. The students should take a few moments (probably not minutes) just to THINK about the question.
  • Pair. Using designated partners nearby neighbors, or a desk mate, students PAIR up to talk about the answer each came up with. They compare their mental or written notes and identify the answers they think are best, most convincing, or most unique.
  • Share. After students talk in pairs for a few moments (again, usually not minutes), the teacher calls for pairs to SHARE their thinking with the rest of the class. She can do this by going around in round-robin fashion, calling on each pair; or she can take answers as they are called out (or as hands are raised). Often, the teacher or a designated helper will record these responses on the board or on the overhead.

Why Should I Use Think/Pair/Share? We know that students learn, in part, by being able to talk about the content. But we do not want that to be a free-for-all. Think-Pair-Share is helpful because it structures the discussion. Students follow a prescribed process that limits off-task thinking and off-task behavior, and accountability is built in because each must report to a partner, and then partners must report to the class.

Because of the first stage, when students simply THINK, there is Wait Time: they actually have time to think about their answers. Because it is silent thinking time, you eliminate the problem of the eager and forward students who always shout out the answer, rendering unnecessary any thinking by other students. Also, the teacher has posed the question, and she has EVERYONE thinking about the answer, which is much different from asking a question and then calling on an individual student, which leads some students to gamble they won’t be the one out of 30 who gets called on and therefore they don’t think much about the question. Students get to try out their answers in the private sanctuary of the pair, before having to “go public” before the rest of their classmates. Kids who would never speak up in class are at least giving an answer to SOMEONE this way. Also, they often find out that their answer, which they assumed to be stupid, was actually not stupid at all…perhaps their partner thought of the same thing. Students also discover that they rethink their answer in order to express it to someone else, and they also often elaborate on their answer or think of new ideas as the partners share. These, it seems, are powerful reasons to employ Think-Pair-Share in order to structure students’ thinking and their discussion.

Concept of Definition Map

Marzano, Robert J., Pickering, Debra J., Pollock, Jane E. (2001). Classroom Instruction That Works. McREL/ASCD. 77.

Concepts patterns, the most general of all patterns, organize information around a word or phrase that represents entire classes or categories of persons, places, things, and events. The characteristics or attributes of the concept, along with examples of each should be included in this pattern.

Graphic Organizers

Northwest Regional Educational Laboratory, Pathways to School Improvementhttp://www.ncrel.org/sdrs/areas/issues/students/learning/lr1grorg.htm.

A graphic organizer is an instructional tool used to illustrate a student or class’s prior knowledge about a topic or section of text; specific examples include the K-W-L-H Technique and the Anticipation/Reaction Guide. Other organizers include the:

Used to describe a central idea: a thing (a geographic region), process (meiosis), concept (altruism), or proposition with support (experimental drugs should be available to AIDS victims). Key frame questions: What is the central idea? What are its attributes? What are its functions?

Used to describe the stages of something (the life cycle of a primate); the steps in a linear procedure (how to neutralize an acid); a sequence of events (how feudalism led to the formation of nation states); or the goals, actions, and outcomes of a historical figure or character in a novel (the rise and fall of Napoleon). Key frame questions: What is the object, procedure, or initiating event? What are the stages or steps? How do they lead to one another? What is the final outcome?

Used for time lines showing historical events or ages (grade levels in school), degrees of something (weight), shades of meaning (Likert scales), or ratings scales (achievement in school). Key frame questions: What is being scaled? What are the end points?

 
Name 1
Name 2
Attribute 1
  
Attribute 2
  
Attribute 3
  

Used to show similarities and differences between two things (people, places, events, ideas, etc.). Key frame question: What things are being compared? How are they similar? How are they different?

Used to represent a problem, attempted solutions, and results (the national debt). Key frame questions: What was the problem? Who had the problem? Why was it a problem? What attempts were made to solve the problem? Did those attempts succeed?

Used to show causal information (causes of poverty), a hierarchy (types of insects), or branching procedures (the circulatory system). Key frame questions: What is the superordinate category? What are the subordinate categories? How are they related? How many levels are there?

Used to show the nature of an interaction between persons or groups (Europeans settlers and American Indians). Key frame questions: Who are the persons or groups? What were their goals? Did they conflict or cooperate? What was the outcome for each person or group?

Used to show the causal interaction of a complex event (an election, a nuclear explosion) or complex phenomenon (juvenile delinquency, learning disabilities). Key frame questions: What are the factors that cause X ? How do they interrelate? Are the factors that cause X the same as those that cause X to persist?

Used to show how a series of events interact to produce a set of results again and again (weather phenomena, cycles of achievement and failure, the life cycle). Key frame questions: What are the critical events in the cycle? How are they related? In what ways are they self-reinforcing?

Inquiry Chart

What is an I-Chart? Copyright © 1998-2000 by Raymond C. Jones http://curry.edschool.virginia.edu/go/readquest/home.html.

Inquiry Charts were developed by James V. Hoffman, based on the work of McKenzie, Ogle, and others. I-Charts offer a planned framework for examining critical questions by integrating what is already known or thought about the topic with additional information found in several sources.

How does it work? On a given topic, you’ll have several questions to explore. These are found at the top of each individual column. The rows are for recording, in summary form, the information you think you already know and the key ideas pulled from several different sources of information. The final row gives you a chance to pull together the ideas into a general summary. It’s at this time you’ll also try to resolve competing ideas found in the separate sources or, even better, develop new questions to explore based on any conflicting or incomplete information.

How does it look, generally? The I-Chart that appears below is merely a suggestion. You and your students can create for yourselves an I-Chart to help you analyze several sources of information. You should feel free to modify the I-Chart, such as including a bottom row to list new questions.

INQUIRY CHART

TOPIC:

Due Process Rights of Public School Students

1. Are teachers, principals, and other school officials required to provide due process rights to students?2. How does the phrase from the Fourteenth Amendment: “nor shall any State deprive any person of life, liberty, or property, without due process of law” apply to public school students?3. Are public school students protected from corporal punishment (spanking) for breaking school rules according to the Eighth Amendment’s protection from cruel and unusual punishment?

 

WHAT DO I (WE) ALREADY KNOW?

 

   

 

WHAT QUESTIONS DO I (WE) HAVE?

 

   
WEB SOURCE 1:

 

 

 

   

Activity 3

Activity 3

Essential Question

How do due process and the appeals process apply to current issues?

Background

Technology such as DNA testing has changed the way we determine guilt or innocence. This technology may eventually have a direct impact upon our thinking about due process. We can prove that someone who once was thought to be guilty is innocent because the DNA is not a match for what is found at the scene of a crime.

The attacks on students at Columbine High School in Littleton Colorado have raised questions about whether due process rights should be given to public school students. On January 13, 2000, then Governor Bill Ryan of Illinois imposed a moratorium on the state’s death penalty. DNA evidence had exonerated 13 death row inmates. More had been freed from death row as a result of DNA evidence than had been put to death since 1977, when the death penalty was reinstated in Illinois. The attacks on the World Trade Center and the Pentagon on September 11, 2001 also have raised questions about the conflict between due process and the safety of large numbers of people. This conflict became most apparent in our treatment of the prisoners from the war in Afghanistan. For almost two years the prisoners at Guantanamo Bay Cuba were not given the right of presumption of innocence, the right to counsel, or habeas corpus.

Instructional Strategies

 

Strategy 1

Writing Across the Curriculum: Journals

Talk about how DNA evidence is increasing the importance of the Appeals Process. You may want to quote some of the statistics related to how many death row inmates have recently been exonerated through DNA evidence.

Discuss how the tragedies of 9/11 and Columbine have impacted how we consider individual rights.

Review your social studies writing standards and have students take out their journals. Remind students that when writing in their journals, we are more interested in capturing thoughts and ideas and that they can write whatever comes to mind.

Make certain they understand that they can include newspaper and magazine clippings in their journals and as well as any poetry drawings, or even music that they feel helps them understand these issues.

Printable Student View

Check for Understanding

Throughout students’ participation in this activity, check their journals and discuss the contents with them in one to one student-teacher conferences.

Journals should be evaluated based upon:

  • Entries made every day.
  • A clear relationship between what appears in the journal and the issues discussed.
  • Creativity. Each journal should be unique.
 
 

Strategy 2

Biographical Studies/Biopoems

Students may do their own research, or you may provide articles from recent newspapers, the internet, or news magazines related to the following people:

  • Former Governor George Ryan of Illinois
  • The prisoners of war currently incarcerated at Guantanamo Bay, Cuba
  • A death row inmate who has won an appeal based upon DNA evidence

Tell students to focus upon each person’s circumstance and who they are as individuals. Remind them that they should enter any notes from their research into their journals.

Have students select one of the individuals they have researched and complete a biopoem about that individual. Make certain you include information about how this person is feeling about due process and individual rights.

Printable Student View

Line 1:First Name
Line 2:Four traits that describe the person
Line 3:Relative (brother, sister, husband, wife, mother, father, etc.)
Line 4:Lover of (list three things or people)
Line 5:Who feels (include thoughts about individual rights here)
Line 6:Who needs (include thoughts about individual rights here)
Line 7:Who fears (include thoughts about individual rights here)
Line 8:Who gives (may be one item clearly described)
Line 9:Who would like to see
Line 10:Resident of
Line 11:Last name or one-word that sums up this person

 
 

Strategy 3

Simulation/Role Playing

Explain to students that in order to understand complex issues and make informed decisions related to those issues, it is important to empathize with others who may be impacted by those decisions.

Explain that an effective way to practice empathy is through role-playing. Tell them that the role plays will help better understand the issues related to the appeals process and the protection of individual rights.

Divide the class into four groups. Create a skit involving the protection of individual rights and have each group practice how they would present the skit to the rest of the class.

After each group presents their skits, debrief by discussing the issues involved in the skit.

Printable Student View

Check for Understanding

Write an essay in which you explain why the protection of individual’s rights is a complex issue that must be thought about from more than one perspective. Essays should show that you considered that rights for one person may not mean the same thing to another person. Because of this, protecting the individual rights of an entire country is extremely complicated.

Activity 2

Activity 2

Essential Question

Why is the appeals process important to the protection of individual rights?

Background

The due process clause requires states to follow fair procedures before depriving individuals of “life, liberty or property.” For example, when someone is imprisoned, his individual right of liberty is taken away. The more important the individual right in question, the more important due process is. For example, no one can receive the death penalty without the rigorous protections and procedures of a criminal trial. These protections include the right of the individual to appeal the court’s decision if he or she is found guilty.


Courtroom

Criminal Case Procedures

Civil Case Procedures

Instructional Strategies

Strategy 1

Graphic Organizers: Flow Chart

Use the following chart to explain the appeals process to students. As you explain, have students fill-in-the blanks on the blank chart.

Printable View

The Appeals Process

After that, if a person still isn’t satisfied with the verdict, a case would go to the U.S. Supreme Court which has the final say or judgment.

3

If a person who loses a case in a trial court wants to appeal a judgment, he or she can take the case to a court with appellate jurisdiction for judicial review. In the federal court system, the U.S. Court of Appeals is the first court of appellate jurisdiction.

There are no jury trials in appellate courts. Rather, they are courts of reviewwhich determine whether or not the rulings and judgment of the lower court are correct. The party who brings the suit to the reviewing court is referred to as the petitioner or appellant. The petitioner argues that the lower court erred in its judgment and seeks a reversal of the lower court’s decision. The party who won at the lower court must now argue against the setting aside of the judgment. This party, the respondent or appellee, wants the appellate court to affirm or agree with the lower court’s decision.

2

A case begins in a trial or district court. It is here where witnesses testify, lawyers ask questions, and judges or juries make decisions or judgments. A trial court is said to have original jurisdiction because it hears a case for the first time.

1

 

Use the case of Gideon vs. Wainwright to illustrate how important the appeals process is to protecting due process and the rights of individuals. Give students a copy of the text below that provides a brief description of the case.

 

Printable View

The Appeals Process: Gideon v. Wainwright

Clarence E. Gideon was a poor man who lived in Florida in 1960. He was arrested and charged with breaking and entering a pool hall. He could not afford a lawyer. Breaking and entering was a felony offense and being found guilty would mean years in prison. He requested a lawyer, but the judge told him that a lawyer could only be provided to him if he was charged with murder.

Gideon had a trial in the Circuit Court of Florida without a defense lawyer, was found guilty, and sentenced to five years in prison. After Gideon was convicted, he took his case to the Supreme Court of Florida and claimed that the lower court’s refusal to appoint a public defender for him was a denial of his due process rights.

He applied to the Supreme Court of Florida for a writ of habeas corpus, an order that asked he be released because he was illegally imprisoned. The Supreme Court of Florida denied his request.

Gideon next asked the Supreme Court of the United States to review his case. The Court agreed to hear Gideon’s case and appointed a lawyer to represent him. The Court unanimously ruled that in state criminal trials, a poor person has the right to a lawyer in all felony cases.

Lead a class discussion about the case using the following questions as a guide:

  • Do you think that Right to Counsel means that everyone should be provided with a lawyer whether they can afford or not? Explain your answer.
  • Who is the appellant in this case?
  • Which court had original jurisdiction?
  • Why do you think this is considered to be an historical case?

Additional information concerning this case: 
supct.law.cornell.edu/supct/cases/historic.htm.

 

Strategy 2

Case Studies

Divide students into eight groups. Prepare duplicate chart paper sets with the following scenarios written at the top:

  • The police suspect you of a crime. They speak English but you do not and can’t understand what they are saying to you. You are taken to jail and asked to sign a sheet of paper that later turns out to be a confession. You have not been told you can ask for a lawyer before you sign the confession. You go to trial and are found guilty and sentenced to prison for a period of 10 years.
  • You have been sentenced to 30 years in prison each for kidnapping. You are now 20 years old. By the time you may gain your freedom, you could be 60 years old. You are innocent.
  • The police have mistaken your home for the home of a dangerous drug dealer and gang member. One night, as you are watching television, they suddenly break down your door. Five policemen enter your living room with guns drawn. You try to resist, but they throw you to the floor, put your hands behind your back, handcuff and arrest you. Later you are charged with resisting arrest and found guilty.
  • You are a high school student. Your country is involved in a war that you wish to protest. You decide you will do this by wearing a black armband to school. However, school officials feel that the armband is disruptive and unpatriotic. The principal tells you that you will be suspended from school until you decide that you will no longer wear the armband. There has not been any kind of rule about wearing arm-bands or anything else that represented a political protest, but after you wear the armband to school, the board of education creates a rule against any type of political protest at school – including wearing armbands.

Hand out the chart paper to each of the groups. Give four of the groups black markers and four of the groups red markers. Explain to the students that those who have the black markers have due process rights and those with the red markers do not. Tell them to write what their group thinks will happen next in each of the scenarios – keeping in mind whether or not they have or do not have due process rights. Ask them to also write whether or not they think they would be treated fairly.

When the students have had adequate time to create a possible conclusion to the scenarios they have been given, ask each group to report out what they have concluded will be the outcome of each of the scenarios according to whether or not they have or do not have due process rights.

Printable Student View

Check for Understanding

  • In one sentence explain what you think life might be like in countries where individual rights are not protected as they are through the due process clause of the United States Constitution?

Scoring Guide

 

Strategy 3

Thinking Skills: Think/Pair/Share

Graphic Organizer: Map of the Event

Ask students to Think/Pair/Share about the following statement:

The rights of individuals must be balanced with the rights of society. An orderly society should not be jeopardized by over-zealous protection of dangerous or disruptive individuals.

Ask students if they can finish the following sentence:

“You have the right to remain silent . . .”

Have students visit the following website to check their responses. 
supct.law.cornell.edu/supct/cases/historic.htm.

  • Tell students to keep a two-column journal in which they fold sheets of notebook paper in half vertically and record in the left half the facts they discover about the case. On the right half, tell them to write down their own thoughts and feelings about the case.
  • After they have done some research on this site, ask them to tell in their own words the origin of this warning. (Miranda v. Arizona)

Have students work in pairs or individually to complete a Map of the Events in the Miranda case.

Check for Understanding

Describe a situation in which you would be very glad to have the Miranda warning read to you? How would you react?

Activity 1

Activity 1

Essential Question

How does due process protect the rights of individuals?

Background

Due process guarantees equality in the eyes of the law and ensures fair treatment from the federal and state governments.

The Founding Fathers of the United States were concerned with the deprivation of life, liberty and property in a time when tyranny was practiced by governments and rulers throughout the world. The United States Constitution was created to give protection to citizens from the government. It was extremely important to the Founding Fathers that there be fair and equal treatment under the law. Due process is included in the Fourth, Fifth, Sixth, Eighth (included in the Bill of Rights) and Fourteenth Amendments of the Constitution.

Amendments to the Constitution

Instructional Strategies

Strategy 1

Think/Pair/Share

Brainstorm with students about “fairness.” Provide each student with a handout of the following questions:

Printable Student View

If you are accused of something, which is fairer?

  • for you to be present when the accusation is made?
  • for you to be unaware that you are being accused?

Is it unfair to ask you a question if the answer could show you are guilty of doing something wrong? Why or why not?

Can you remember a situation in which to be fair you needed a friend, parent, a teacher or someone else to stand up for you?

Do you think it is unfair to accuse someone of doing something wrong based upon his/her reputation?

Example: Someone had previously been caught stealing from classmates and arrested for shoplifting, would it be fair to assume that this person is automatically the one in his group that committed a theft?

Is it fair to be told you are being punished for something without any warning or without giving you an opportunity to explain yourself? Why or why not?

Divide students into groups of four or five. Each group should create a list of fair rights for public school students. Have them write their lists on chart paper. Ask each group to share and explain their list to the entire class.

Ask students to Think/Pair/Share about the meaning of the term due process in the United States Constitution. Explain to students that fairness is an important part of our Constitutional rights. Assign readings from a text or other source that explains more about due process and the Fourth, Fifth, Sixth, Eighth and Fourteenth Amendments.

Check for Understanding

  • How does our Constitution guarantee that we will be treated fairly by our government? Why is this important to you as an individual?

Scoring Guide

 

Strategy 2

Concept Formation

Using the following websites, have students work in groups to find three definitions for each concept:

  • Habeas Corpus
  • Right Against Self-Incrimination
  • Right to Counsel
  • Presumption of Innocence
  • Trial by jury
  • Double Jeopardy
  • Notice
  • Right of Appeal

Websites:

Explain that the Fifth and Fourteenth Amendments protect these rights. Connect this discussion to prior knowledge- questions from the previous activity.

Use a transparency to show a blank Concept of Definition Map. Explain how a Concept of Definition Map works and how it helps us to better understand concepts like those we have just researched. Have each group complete a transparency with a blank Concept of Definition Mapon it. Have each group share there map with the class.

Use the completed Concept of Definition Map to summarize the discussion and to ensure that accurate information goes into student notebooks. Review what they have discovered about the meaning and importance of each the concepts.

Printable Student View

Concept of Definition Map

 

Check for Understanding

Printable Student View

Match each of the following statements with a concept in the right-hand column:

 The district attorney had to press charges or let the prisoner go.a. Presumption of Innocence
 O. J. Simpson will never be tried for the murder of his ex-wife again.b. Right of Appeal
 The attorney explained to his client that the burden of proof was not his and that there wasn’t enough evidence to convict him beyond a reasonable doubt.c. Trial by Jury
 The decision of whether or not the accused was guilty or innocent would be up to a group of his peers.d. Habeas Corpus
 The defense attorney asked that the trial be delayed so that he would have time to prepare a defense.e. Right Against Self- Incrimination
 Many people wondered if Martha would take the court’s decision for review by a higher court.f. Right to Counsel
 The accused was poor so the judge asked if he wanted a public defender.g. Notice
 As the young woman was being handcuffed, the policeman stated “You have a right to remain silent . . .”h. Double Jeopardy

Scoring Guide

 

Strategy 3

Graphic Organizer: Inquiry Chart

Use the website www.usconstitution.net/consttop_duep.html to answer this question:

What are the due process rights of public school students?

Ask students to use at least three sources from the Internet. Explain to them that a source like the American Civil Liberties Union (ACLU) website will link them to other excellent websites.

  • Before, during and after completing their internet search, tell students to answer the following questions by completing the Inquiry Chart that asks:
    • Are teachers principals and other school officials required to provide due process rights to students?
    • How does the phrase from the Fourteenth Amendment: “nor shall any State deprive any person of life, liberty, or property, without due process of law” apply to public school students?
    • Are public school students protected from corporal punishment (spanking) for breaking school rules according to the Eighth Amendment’s protection from cruel and unusual punishment?

Printable Student View

INQUIRY CHART

TOPIC:

Due Process Rights of Public School Students

1. Are teachers, principals, and other school officials required to provide due process rights to students?2. How does the phrase from the Fourteenth Amendment: “nor shall any State deprive any person of life, liberty, or property, without due process of law” apply to public school students?3. Are public school students protected from corporal punishment (spanking) for breaking school rules according to the Eighth Amendment’s protection from cruel and unusual punishment?

 

WHAT DO I (WE) ALREADY KNOW?

 

   

 

WHAT QUESTIONS DO I (WE) HAVE?

 

   
WEB SOURCE 1:

 

 

 

   
WEB SOURCE 2:

 

 

 

   
WEB SOURCE 3:

 

 

 

   

Scoring Guide

Check for Understanding

Printable Student View

Answer the following questions:

  1. Why are teachers and other school officials required to give students due process rights?
  2. Can a students be suspended without due process for threatening a teacher or other student?
  3. Is the use of corporal punishment against a students’ Constitutional Due Process Rights?

Scoring Guide

Formative Assessment

Activity 3: Formative Assessment

Printable Student View

A severe storm has caused your school to lose power. No lunch has been prepared. The only option for lunch today is a peanut butter and jelly sandwich, an apple, and a carton of milk. Classes will eat in their classroom because the cafeteria is dark. Therefore, each child’s lunch must be placed in a box. The principal has asked your class to prepare the lunches for the entire school. She needs the 500 lunches in one hour.

The boxes need to be assembled:

  • The apples need to be washed and dried
  • The sandwiches need to be made and wrapped in paper
  • A carton of milk must be put in each box
  • The lunches must be packed and counted on carts for delivery to each classroom

Demonstrate your understanding of specialization by writing a plan that describes what your class needs to do in order to have everyone’s lunch ready on time.

Skills and Best Practices

Activity 3: Skills and Best Practices

Procedural Knowledge

This is the website for The Mid-continent Research for Education and Learning (McREL). 
http://www.mcrel.org/programs/dimensions/whathow.asp

This site will provide you with a wealth of information on Dimensions of Learning, a process of encouraging student thinking from the gathering of information to applying that information in new situations.

Dimensions of Learning is a comprehensive model that uses what researchers and theorists know about learning to define the learning process. Its premise is that five types of thinking – what we call the five dimensions of learning – are essential to successful learning. The Dimensions framework will help you to

  • maintain a focus on learning;
  • study the learning process; and
  • plan curriculum, instruction, and assessment that takes into account the five critical aspects of learning.

 

Dimension Two is critical to the process of gathering information.

Dimension 2: Acquire and Integrate Knowledge

Helping students acquire and integrate new knowledge is another important aspect of learning. When students are learning new information, they must be guided in relating the new knowledge to what they already know, organizing that information, and then making it part of their long-term memory. When students are acquiring new skills and processes, they must learn a model (or set of steps), then shape the skill or process to make it efficient and effective for them, and, finally, internalize or practice the skill or process so they can perform it easily.

 

Linking Social Studies to Literature

In the age of accountability, where reading and mathematics have been given top priority, it is becoming more and more evident that the teaching of social studies and science is becoming increasingly rare. Carole J. Wilkinson, Teacher-in-Residence, Delaware Social Studies Education Project, points out that reading and mathematics assessments are even becoming tied to promotion requirements.

http://www.udel.edu/dssep/articles/fosterwar_article.htm

Elementary school teachers have been charged with preparing students to meet the Delaware curriculum standards in English language arts, mathematics, science, and social studies. If one looks at the requirements in any one of those subject areas, it can be overwhelming. Because student promotion is linked to adequate success on the state reading assessments, elementary teachers feel bound to put reading at the forefront of their instruction. Soon success on the state mathematics assessment will also be tied to promotion. Where does that leave social studies?

 

This article provides some excellent suggestions for lesson plans based on the book, Foster’s War. For example, in economics, a teacher could relate the following social studies topics to literature:

  • wartime shortages and rationing
  • defense stamps and bonds
  • the black market
  • personal sacrifices to buy war bonds
  • women in the work force