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Class 3, 1/26 — Making the Law

Total Time Allotment: 60 minutes

Learning Outcomes and Goals:

1) Teacher will attempt to get the students more involved in conversation through the use of a physical, interactive game regarding law-making.

2) Students will generally understand the difference between civil and criminal law through light lecture, problem solving, and partner discussion.

3) Students will understand the general process of lawmaking and why it is important.

4) Students will learn the three branches of government, their historical significance, and how it impacts laws in our society.

5) Students will discuss the unclear law exercise and will delve into the ambiguities of law through the use of class discussion and handouts.

Methodologies Used: highlighted in yellow.

Needed Materials: street law book, writing utensil, PowerPoint, multiple choice quiz, materials for the bell ring game, and the unclear law handout.

[10 minutes] Brief Recap of Last Class and Multiple Choice Quiz:

- Morality v. Legality

o The court in the Shipwrecked Sailors case said themselves that they would have done what the sailors did if they had been in that situation. It was a kill or die situation, some people view that as self-defense. However, the Court still required the sailors to be held accountable and sentenced them to death.

o Even though the law to be applied in that case was clear, the morality of their actions was ambiguous.

- Consent to Illegal Activity

o It does not matter whether someone consents to be murdered or consents to you committing illegal activity. You will still get in trouble for it.

- 4 purposes of Criminal Law and Punishment (Pass out multiple choice handout/quiz and have them match the purpose with the correct definition.)

1) Retribution/Revenge

2) Deterrence

3) Incapacitation

4) Rehabilitation

- Important to remember: Many of us had differing opinions of guilt, even though we all knew the law. You will have different opinions than your classmates throughout this course and that’s okay because you should be able to come up with your own ideas and your own conclusions. It’ll make you a better lawyer one day.

[3 minutes] Introductory activity to today’s lesson- I want to do a quick exercise called the Rule Maker. Ask, why is there so much subjectivity in individual’s opinions on what is morally right?

1) Actually, I only want males/females to respond.

2) Actually, to respond you have to be sitting on the left/right hand side of the room.

3) Interrupt them and say, actually I only want to hear from Andrea.

4) Actually, I’m just gonna take this one.

The point of the Rule Maker game is to illustrate that without laws there would be confusion and disorder. No one would know the rules of the game and without knowing the rules, you can’t really play. If I just kept making up rules as I went along, people would get frustrated.

- Rules allow us to not only have a universal code, but to also create expectations in our daily lives.

- If I kept interrupting you and telling you that you’re breaking a rule [or a law] then it wouldn’t seem fair. But keep in mind, not all laws are fair in all situations.

o Just think back to our shipwrecked case: either someone was murdered and no one was punished for it or two guys were punished for saving their own lives. Neither outcome really seems fair.

[8 minutes] Today, we are going to learn about different kinds of laws. How they are interpreted and how they affect you. First, we need to learn the difference between Civil and Criminal laws.

- This is important because of the potential punishment. You need to know how your activity could be charged and prosecuted.

- Definitions and examples given of both criminal laws and civil laws.

o Felony-murder, burglary, third offense DWIs, and aggravated assault.

o Misdemeanor- assault, petty theft, and DWI.

- Class Discussion: Can your behavior violate civil AND criminal law, causing you to have to defend 2 court cases? YES. Have them split into small groups and give reasons for their answers.

1) Who’s heard of OJ Simpson? Most people know OJ was prosecuted for the murder of his former wife and her friend. That resulted in a criminal trial, where he was eventually found not guilty.

2) But what some people don’t realize is that after the criminal trial, there was a civil trial. These are two very different things and have different impacts on the person being charged.

▪ You know that the government was prosecuting the criminal case because criminal cases can only be brought by the government. So, who do you think brought the civil case? The murdered man’s parents. Because remember- civil claims may be brought by anyone who feels wronged or injured. In this case, the parents sued OJ for wrongful death.

3) OJ was found guilty in the civil court.

- Why was OJ found not guilty and then guilty on the same facts in different courts?

o Because of the level of proof required for conviction.

o “Beyond a reasonable doubt”: means that if the jury has any reasonable doubts as to the defendant’s guilty, then they have to vote not guity.

o A “preponderance of the evidence” just means it’s more likely true that the person is guilty.

▪ Draw the scales of justice on the board—put a feather on one side—that’s all it takes to prove guilt in a civil case.

[8 minutes] Now, we’re going to apply our knowledge of criminal and civil laws to a fact pattern. Page 12, Problem 1.7 Matt & Kenji (have students read the problem and discuss their answers to questions a-c with their table small groups).

- Illustrates the applicability of civil v. criminal laws via problem solving.

a) What did Matt & Kenji do wrong?

Took the car without permission, Ignored the handicapped parking sign, Left trash (littered) on the park bench, and Possessed illegal drugs.

b) What laws are involved; c) which are civil and which are criminal?

Unauthorized use of a motor vehicle – criminal

Parking violation – criminal

Licensing (street vendor selling sandwiches) – criminal

Warranty Law (MP3 Player) – civil

Littering – criminal

Breaking and Entering – criminal

Larceny (theft of personal prope– criminal

Search and seizure – criminal

Possession of illegal substances – criminal

Leaving the scene of an accident – criminal

Tort of negligence – civil

[10 minutes] Making the Laws: Who gets to decide what’s criminal, civil, how far it reaches, and what the law includes? Student Interactive Game

Round 1: ask for 2 student volunteers; one rule-- the first person to grab the candy wins.

Round 2: ask for 2 more volunteers to compete. Get 1 more student volunteer to have absolute sovereign power. Sovereign power has to make a rule which could impact the outcome of the game.

o Is the new rule “fair?” Do both competitors still want to play? Get rid of the old rule—meant to symbolize our system of government under King George. One ruler with the absolute power to make and enforce the law. People thought it was unfair.

Round 3: get 2 new volunteers to compete. Tell the competitors to agree to keep playing with the guarantee that no competitor will be prevented from their pursuit of grabbing the candy. Need 3 more volunteers—

1) Rulemaker – make a rule (any rule you want)

2) Executive – can either veto or enforce the rule

3) Judge – hears complaints that the rule was broken or that the rule does not comport with guarantees of fair play.

- If a rule applies, is the rule fair? Do the competitors still want to play?

Draw comparisons between the Rulemaker, Executive, and Judge to our branches of government. We want the three pronged system because we think it gives us more “fair” laws. Thought that there would be more overview, more thought going into making the law. Instead of having one ruler who makes all the decisions, we now have 3 levels of checks and balances. [Light lecture]

- Each branch effectively limits the other so none of the branches become too powerful.

- The powers are separated between the 3 so as to prevent any abuse of the system. (Separation of Powers)

Knowledge Check (Q&A)

- Which branch of government makes the law? (b) the legislature

o Legislatures are the primary lawmaking bodies, on both the federal and state level.

o On the federal level, you have the house and the senate, which makes up Congress. When Congress passes federal statutes, it effects people in every state.

o But what about when states pass laws that the federal government does not recognize?

▪ For example, in the state of Colorado it is now legal to smoke marijuana (this is a state passed law). However, under federal law, it is still illegal to use marijuana. Can people in Colorado get in trouble with the federal government if they use marijuana? Yes, because it’s still against federal law and usually, federal trumps state.

[20 minutes] Through this next exercise, you will learn how to interpret laws, even when they aren’t clear. The Unclear Law – Class Exercise, turn to page 20 in your books and take 1 minute to read the unclear law.

When analyzing a law, one must consider and answer the following questions.

1) What does the law say? “NO VEHICLES IN THE PARK.” – have someone write it on the board.

2) Why did City Council pass the law? Preserve nature.

3) What is the intent of the law? Make the park a place that is undisturbed by city noise, traffic, pollution, and crowding. Want it to look more natural and scenic. Place of quiet reflection for citizens. Safety—playgrounds and picnic areas mean families and children—don’t want anyone in the park to get accidentally run over by a vehicle.

4) Will everyone understand the law? Is it clear to all people? On its face it seems pretty simple. But, let’s look at the questions.

Give each student the unclear law handout. Have the class split into small groups and discuss their answers and reasoning for questions a-h [give them 10 minutes]. Then discuss together as a class.

- Have them all hand in their answer sheets (potential grade for Mr. Shaw)

What could have helped make the law more clear?

- Should have given the definition of a ‘vehicle’

- Provide for emergency situations. Who gets to determine what an emergency situation is?

- Differentiate between acceptable motor power (motorized wheelchair v. a car). Does the potential speed of the entity matter?

- Potential penalty should be written into the law.

[2 minutes] CLASS CONCLUSION

- Civil and criminal charges will have different outcomes and different levels of proof.

o Harder to prove a criminal case because we don’t want to send the wrong people to jail. (Making a murderer?)

- There are 3 branches of power, each of which helps control the other.

o Why? We don’t want a sovereign. We want equal power regarding our law makers and the enforcers. What happens when your enforcers begin to break the laws?

- Your legislature makes your laws—elect people you want to represent your views. You are 18 now, you should vote.

- Clarity is important, in your lives, in your relationships, and in the law. If the laws are too complex, then regular people can’t interpret them. Ex- tax law, you better hire a lawyer. But if the laws don’t provide you with enough information, and aren’t clear in that regard, then you may not know if you are breaking the law.

o So until next time, think about why clarity is important and how to make your writing more specific, detailed, and clear. We’ll have a writing exercise next time.

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