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Curriculum Map

Lai, Matthew / Law and Order / Grade 11, 12


Unit Title Legal Basics Content I. Legal Basics – the first unit is designed to give students a broad and deep understanding of the U.S. Legal system, both at the federal and state level. In order to delve further into the criminal law system, students must have a strong understanding of how laws are made and applied, as well as what role judges, lawyers, and courts play in that process. Most of the assignments in this unit are reading assignments in the textbook as well as many “Problems” listed within each chapter. A few other major assignments are outlined in their respective chapters below. a. What is Law? - Chapter 1 of the textbook, “Street Law,” provides the background for a general discussion about why we have laws and what they mean to our society. i. Discussion about why we have laws, what they do, why we value consistency and transparency. ii. We discuss the differences b/w criminal and civil laws iii. Discussion about the general constitutional framework, including concepts such as Limited Government, Separation of Powers, Federalism, Checks and Balances, and Judicial Review b. Lawmaking – (chapter 2) We begin to discuss the many ways in which laws are made. i. Four different law-making bodies – legislature, agencies, courts, international bodies ii. Basic structure of legislatures at both the federal and state levels iii. The Supremacy Clause and what happens when state and federal laws contradict iv. Legislative intent and Judicial Review v. Issues to consider when writing (or reading) a law c. The Court System (chapter 5) – students learn about the structure of the court system i. The three levels of the Federal system as well as the California State system ii. Adversarial system and the different parties iii. The role of the judge iv. The role of the jury and how they are selected v. Steps in a trial – a short exposure to the process; followed up in much greater detail when we get to Unit 3: Trial Practice vi. Appeals Courts – its role and structure vii. The U.S. Supreme court – its role and structure d. Mediation and Lawyers (Chapter 4 and 6) – the role that lawyers play in the legal system and mediation as an alternative dispute resolution method i. Review of the Adversarial System and how Mediation differs ii. Code of Professional Responsibility – ethical responsibilities and issues that lawyers encounter iii. The Attorney-client Privilege e. Reading a Decision – Students learn how to read a decision written by a court i. The basics of citations – what all the numbers and abbreviations mean; students should be able to recognize what level of court handed down the decision and where that court was located ii. Precedent – how decisions affect future decisions, including what a “holding” is and what “dicta” is iii. Dissenting and concurring opinions iv. Briefing a case – Briefs are legal summaries of court decisions. There are two benefits to briefing a case. First, students are forced to critically analyze each part of a decision in order to brief it. Second, it allows students to summarize a case in less than a page so they can go back and review it later on without having to re-read the entire case. Students read a case in class together and then discuss how to brief it Skills Resources Instructional Strategies Assessment Main assessment in this Unit is a short quiz on Legal basics. Outcomes Students will develop a strong understanding of how laws are made, the structure and role of the court system, how to read court decisions, and the specific role of the lawyer within that system.
Unit Title Criminal Law Content Criminal Law – after completing the first unit, students have a strong grasp of how laws are made, how they are interpreted, and how they are examined and challenged in the courts. Now they move into a unit where they learn to critically analyze criminal laws, learn to apply them to real world situations, and gain a strong understanding of how the criminal legal system works, from arrest through sentencing. a. Criminal Law Basics (Chapters 7-8) – students learn how to understand the key aspects of any criminal law i. State of Mind – what state of mind is required for most crimes? Why does it matter? What is strict liability, and why is that standard used for some crimes instead? ii. Felonies vs. Misdemeanors – what is the difference? iii. Who are the Parties to a crime? Principals, accomplices, accessories iv. Elements of a Crime – students learn to thoroughly analyze criminal statutes and identify what the key elements of the crime which must be proven are v. Inchoate crimes – some crimes are still crimes even though they may be incomplete – solicitation, attempt, conspiracy b. Crimes Against the Person (Chapter 9) – students learn the definitions of some basic crimes against the person. They analyze the definitions word by word and discuss word choice as well as reasons why the crimes are defined as they are. i. Homicide – students learn about multiple types of homicide – 1st degree murder, 2nd degree murder, felony murder, voluntary manslaughter, involuntary manslaughter, negligent homicide – and what the differences are between each ii. Assault and Battery; Rape; Kidnapping iii. In class, students are given fact patterns encompassing all these crimes and must identify what crimes they would charge if they were the prosecutor c. Crimes Against Property (Chapter 10) – students learn the definitions of some basic crimes against property. Much attention is focused on the subtle differences between the “theft” statutes – larceny, robbery, and burglary. i. Crimes included are arson, vandalism, larceny, robbery, burglary, embezzlement, extortion, forgery, and receiving stolen property d. Defenses to Crimes (Chapter 11) – students learn the many different defenses to crimes. As with most chapters in this unit, students are given fact patterns and asked to identify potential defenses to any crimes that could be charged. i. The burden at all times rests on the Prosecution to prove each element of the crime beyond a reasonable doubt ii. Four potential defenses – no crime was committed, the defendant didn’t commit the crime, the crime was excusable or justifiable, and the defendant isn’t criminally responsible iii. Self defense and Castle Laws – students discuss what level of self defense is appropriate, particularly within the context of defending property. Various state’s Castle laws are examined and discussed. e. Criminal Procedure (Chapters 12-15) – students learn about criminal procedure, starting with investigations and arrests leading all the way through sentencing. i. Arrests – the constitutional basis; warrants vs. warrantless arrests; “stops” that are not quite an arrest; the amount of force police are allowed to use when making arrests ii. Search and Seizure – what is unreasonable? What happens when a search or seizure was unreasonable? Students discuss the merits of the Exclusionary Rule as well as its potential drawbacks. Students analyze a number of fact patterns to determine whether they were lawful or unlawful search and seizures 1. Searches with a Warrant – probable cause; knock and announce rule 2. Searches without a Warrant – eight circumstances iii. Interrogations & Confessions – Fifth and Sixth amendment; Miranda rights – when are they necessary? Skills Resources Instructional Strategies Assessment Midterm: students will watch a movie in class and identify crimes that we have studied. They then must write up at home a list of crimes and explain why each action was a crime, aligning it with criminal definitions that we have studied in this unit. Outcomes The goal is a deep understanding of how the U.S. criminal law system works, not only on a theoretical level, but a practical level as well. They will learn how to critically analyze laws word by word - both civil and criminal - and apply them to both hypothetical and real-life fact patterns.
Unit Title Trial Practice Content Trial Practice – this Unit focuses on what happens at an actual trial, and the many steps that lawyers must take in preparation for that trial. Students learn about case strategy and how to write opening and closing statements and direct and cross examinations. Much of the information in this unit comes from Thomas Mauet’s book, “Trial Techniques.” The Unit culminates with an in-class Trial where students must carry out all steps of an actual trial. a. Trial process – a review of the steps in a trial, first introduced during Unit 1, Section c. b. Opening Statements – purpose; rules, steps, and information that must be included in an opening statement; key characteristics of an effective one; developing your theory of the case; using themes and labels c. Direct Examination – purpose; rules and steps for a Direct Examination; key characteristics of an effective one; strategizing what information you are trying to elicit d. Cross Examination – purpose; rules and steps; key characteristics of an effective cross; when you should or shouldn’t cross examine a witness e. Objections – what is the purpose of objections? Why are certain things objectionable in a courtroom? Why do lawyers make objections? How and when does a lawyer make objection? What are some of the more common objections? f. Interviewing and Preparing Witnesses – how to interview a witness; what information is important to get; what does your word choice and body language convey; what to do with witnesses who seem less credible than preferred; preparing a witness for testimony g. Closing Arguments – purpose; rules, steps, and information that must be included in an closing statement; key characteristics of an effective one h. Mock Trial – students are divided into teams of 3 to 4 students and given a criminal case. Each group is assigned to be either the Prosecution or Defense. Each group must do every part of the trial – interview and prepare witnesses, strategize their theory of the case, write an opening and closing, make objections during the trial, and perform a direct and cross examination. i. Teachers play the parts of the witnesses. Each group is given class-time to interview both their party’s witnesses and the opposing party’s witnesses. They must then strategize, and then prepare their witness for their testimony. ii. On the day of the actual trial, there is a jury made up of other teachers, and I play the part of the judge. We walk through every step of the trial, and in the end the jury renders a verdict. Skills Resources Instructional Strategies Assessment Mock Trial – students are divided into teams of 3 to 4 students and given a criminal case. Each group is assigned to be either the Prosecution or Defense. Each group must do every part of the trial – interview and prepare witnesses, strategize their theory of the case, write an opening and closing, make objections during the trial, and perform a direct and cross examination. i. Teachers play the parts of the witnesses. Each group is given class-time to interview both their party’s witnesses and the opposing party’s witnesses. They must then strategize, and then prepare their witness for their testimony. ii. On the day of the actual trial, there is a jury made up of other teachers, and I play the part of the judge. We walk through every step of the trial, and in the end the jury renders a verdict. Outcomes The third goal is for students to understand the process which is followed during an actual trial, and to learn how to plan, strategize and carry out each step of that process.

Unit Title

Legal Basics

Content

I. Legal Basics – the first unit is designed to give students a broad and deep understanding of the U.S. Legal system, both at the federal and state level. In order to delve further into the criminal law system, students must have a strong understanding of how laws are made and applied, as well as what role judges, lawyers, and courts play in that process. Most of the assignments in this unit are reading assignments in the textbook as well as many “Problems” listed within each chapter. A few other major assignments are outlined in their respective chapters below.

a. What is Law? - Chapter 1 of the textbook, “Street Law,” provides the background for a general discussion about why we have laws and what they mean to our society.

i. Discussion about why we have laws, what they do, why we value consistency and transparency.

ii. We discuss the differences b/w criminal and civil laws

iii. Discussion about the general constitutional framework, including concepts such as Limited Government, Separation of Powers, Federalism, Checks and Balances, and Judicial Review

b. Lawmaking – (chapter 2) We begin to discuss the many ways in which laws are made.

i. Four different law-making bodies – legislature, agencies, courts, international bodies

ii. Basic structure of legislatures at both the federal and state levels

iii. The Supremacy Clause and what happens when state and federal laws contradict

iv. Legislative intent and Judicial Review

v. Issues to consider when writing (or reading) a law

c. The Court System (chapter 5) – students learn about the structure of the court system

i. The three levels of the Federal system as well as the California State system

ii. Adversarial system and the different parties

iii. The role of the judge

iv. The role of the jury and how they are selected

v. Steps in a trial – a short exposure to the process; followed up in much greater detail when we get to Unit 3: Trial Practice

vi. Appeals Courts – its role and structure

vii. The U.S. Supreme court – its role and structure

d. Mediation and Lawyers (Chapter 4 and 6) – the role that lawyers play in the legal system and mediation as an alternative dispute resolution method

i. Review of the Adversarial System and how Mediation differs

ii. Code of Professional Responsibility – ethical responsibilities and issues that lawyers encounter

iii. The Attorney-client Privilege

e. Reading a Decision – Students learn how to read a decision written by a court

i. The basics of citations – what all the numbers and abbreviations mean; students should be able to recognize what level of court handed down the decision and where that court was located

ii. Precedent – how decisions affect future decisions, including what a “holding” is and what “dicta” is

iii. Dissenting and concurring opinions

iv. Briefing a case – Briefs are legal summaries of court decisions. There are two benefits to briefing a case. First, students are forced to critically analyze each part of a decision in order to brief it. Second, it allows students to summarize a case in less than a page so they can go back and review it later on without having to re-read the entire case. Students read a case in class together and then discuss how to brief it

Skills

Resources

Instructional Strategies

Assessment

Main assessment in this Unit is a short quiz on Legal basics.

Outcomes

Students will develop a strong understanding of how laws are made, the structure and role of the court system, how to read court decisions, and the specific role of the lawyer within that system.

Unit Title

Criminal Law

Content

Criminal Law – after completing the first unit, students have a strong grasp of how laws are made, how they are interpreted, and how they are examined and challenged in the courts. Now they move into a unit where they learn to critically analyze criminal laws, learn to apply them to real world situations, and gain a strong understanding of how the criminal legal system works, from arrest through sentencing.

a. Criminal Law Basics (Chapters 7-8) – students learn how to understand the key aspects of any criminal law

i. State of Mind – what state of mind is required for most crimes? Why does it matter? What is strict liability, and why is that standard used for some crimes instead?

ii. Felonies vs. Misdemeanors – what is the difference?

iii. Who are the Parties to a crime? Principals, accomplices, accessories

iv. Elements of a Crime – students learn to thoroughly analyze criminal statutes and identify what the key elements of the crime which must be proven are

v. Inchoate crimes – some crimes are still crimes even though they may be incomplete – solicitation, attempt, conspiracy

b. Crimes Against the Person (Chapter 9) – students learn the definitions of some basic crimes against the person. They analyze the definitions word by word and discuss word choice as well as reasons why the crimes are defined as they are.

i. Homicide – students learn about multiple types of homicide – 1st degree murder, 2nd degree murder, felony murder, voluntary manslaughter, involuntary manslaughter, negligent homicide – and what the differences are between each

ii. Assault and Battery; Rape; Kidnapping

iii. In class, students are given fact patterns encompassing all these crimes and must identify what crimes they would charge if they were the prosecutor

c. Crimes Against Property (Chapter 10) – students learn the definitions of some basic crimes against property. Much attention is focused on the subtle differences between the “theft” statutes – larceny, robbery, and burglary.

i. Crimes included are arson, vandalism, larceny, robbery, burglary, embezzlement, extortion, forgery, and receiving stolen property

d. Defenses to Crimes (Chapter 11) – students learn the many different defenses to crimes. As with most chapters in this unit, students are given fact patterns and asked to identify potential defenses to any crimes that could be charged.

i. The burden at all times rests on the Prosecution to prove each element of the crime beyond a reasonable doubt

ii. Four potential defenses – no crime was committed, the defendant didn’t commit the crime, the crime was excusable or justifiable, and the defendant isn’t criminally responsible

iii. Self defense and Castle Laws – students discuss what level of self defense is appropriate, particularly within the context of defending property. Various state’s Castle laws are examined and discussed.

e. Criminal Procedure (Chapters 12-15) – students learn about criminal procedure, starting with investigations and arrests leading all the way through sentencing.

i. Arrests – the constitutional basis; warrants vs. warrantless arrests; “stops” that are not quite an arrest; the amount of force police are allowed to use when making arrests

ii. Search and Seizure – what is unreasonable? What happens when a search or seizure was unreasonable? Students discuss the merits of the Exclusionary Rule as well as its potential drawbacks. Students analyze a number of fact patterns to determine whether they were lawful or unlawful search and seizures

1. Searches with a Warrant – probable cause; knock and announce rule

2. Searches without a Warrant – eight circumstances

iii. Interrogations & Confessions – Fifth and Sixth amendment; Miranda rights – when are they necessary?

Skills

Resources

Instructional Strategies

Assessment

Midterm: students will watch a movie in class and identify crimes that we have studied. They then must write up at home a list of crimes and explain why each action was a crime, aligning it with criminal definitions that we have studied in this unit.

Outcomes

The goal is a deep understanding of how the U.S. criminal law system works, not only on a theoretical level, but a practical level as well. They will learn how to critically analyze laws word by word - both civil and criminal - and apply them to both hypothetical and real-life fact patterns.

Unit Title

Trial Practice

Content

Trial Practice – this Unit focuses on what happens at an actual trial, and the many steps that lawyers must take in preparation for that trial. Students learn about case strategy and how to write opening and closing statements and direct and cross examinations. Much of the information in this unit comes from Thomas Mauet’s book, “Trial Techniques.” The Unit culminates with an in-class Trial where students must carry out all steps of an actual trial.

a. Trial process – a review of the steps in a trial, first introduced during Unit 1, Section c.

b. Opening Statements – purpose; rules, steps, and information that must be included in an opening statement; key characteristics of an effective one; developing your theory of the case; using themes and labels

c. Direct Examination – purpose; rules and steps for a Direct Examination; key characteristics of an effective one; strategizing what information you are trying to elicit

d. Cross Examination – purpose; rules and steps; key characteristics of an effective cross; when you should or shouldn’t cross examine a witness

e. Objections – what is the purpose of objections? Why are certain things objectionable in a courtroom? Why do lawyers make objections? How and when does a lawyer make objection? What are some of the more common objections?

f. Interviewing and Preparing Witnesses – how to interview a witness; what information is important to get; what does your word choice and body language convey; what to do with witnesses who seem less credible than preferred; preparing a witness for testimony

g. Closing Arguments – purpose; rules, steps, and information that must be included in an closing statement; key characteristics of an effective one

h. Mock Trial – students are divided into teams of 3 to 4 students and given a criminal case. Each group is assigned to be either the Prosecution or Defense. Each group must do every part of the trial – interview and prepare witnesses, strategize their theory of the case, write an opening and closing, make objections during the trial, and perform a direct and cross examination.

i. Teachers play the parts of the witnesses. Each group is given class-time to interview both their party’s witnesses and the opposing party’s witnesses. They must then strategize, and then prepare their witness for their testimony.

ii. On the day of the actual trial, there is a jury made up of other teachers, and I play the part of the judge. We walk through every step of the trial, and in the end the jury renders a verdict.

Skills

Resources

Instructional Strategies

Assessment

Mock Trial – students are divided into teams of 3 to 4 students and given a criminal case. Each group is assigned to be either the Prosecution or Defense. Each group must do every part of the trial – interview and prepare witnesses, strategize their theory of the case, write an opening and closing, make objections during the trial, and perform a direct and cross examination.

ii. On the day of the actual trial, there is a jury made up of other teachers, and I play the part of the judge. We walk through every step of the trial, and in the end the jury renders a verdict.

Outcomes

The third goal is for students to understand the process which is followed during an actual trial, and to learn how to plan, strategize and carry out each step of that process.