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Due Process Lesson Plan

Instructor: Artem Cheprasov

Artem has a doctor of veterinary medicine degree.

Through the use of an information-packed text lesson, several mini-activities as well as a hands-on creative demonstration, this lesson plan will help students better understand and appreciate the concept of due process.

Learning Objectives

Upon completion of this lesson, students should be able to:

  • Define the concept of due process
  • Name the important parts of due process
  • Understand how due process should occur according to U.S. law

Length

45 - 90 minutes without the activity

Materials

Curriculum Standards

  • CCSS.ELA-LITERACY.RI.9-10.4

Determine the meaning of words and phrases as they are used in a text, including figurative, connotative, and technical meanings; analyze the cumulative impact of specific word choices on meaning and tone (e.g., how the language of a court opinion differs from that of a newspaper).

  • CCSS.ELA-LITERACY.RH.9-10.8

Assess the extent to which the reasoning and evidence in a text support the author's claims.

  • CCSS.ELA-LITERACY.SL.9-10.1

Initiate and participate effectively in a range of collaborative discussions (one-on-one, in groups, and teacher-led) with diverse partners on grades 9-10 topics, texts, and issues, building on others' ideas and expressing their own clearly and persuasively.

Key Terms

  • Due process
  • Fourth Amendment
  • Expectation of privacy
  • Exclusionary Rule
  • Probable cause
  • Fifth Amendment
  • Plead the fifth
  • Right against self-incrimination
  • Sixth Amendment
  • Miranda v. Arizona
  • Miranda warning
  • Eighth Amendment

Instructions

Warm Up

  • Ask the following questions to get the class started on the lesson material:
    • What is due process?
    • Which amendment to the U.S. Constitution allows you to 'plead the fifth'?

Discussion

Read it together as a class, pausing after the following sections for additional questions and topics:

  • Pause after 'Guarantees':
    • Define due process.
    • What are the Bill of Rights?
    • Mini-activity: pass out a copy of the amendments included in the Bill of Rights. Read through them as a class.
    • What are the five major areas of due process?
  • Pause after 'Investigation and Evidence':
    • What does the Fourth Amendment provide for?
    • Discuss the expectation of privacy concept in more detail.
    • What is the Exclusionary Rule?
    • What is probable cause?
  • Pause after 'Arrest and Interrogation':
    • What does the Fifth Amendment state?
    • Mini-Activity: pass out a copy of the Miranda warning. Read and analyze it as a class.
    • What does the Sixth Amendment guarantee?
  • Pause after the 'Criminal Trial' section:
    • What is the right to a speedy trial?
    • What happens if the government misses the deadline for the trial?
  • Pause after the 'Post-Conviction Rights' section:
    • Discuss the concept of bail
    • According to law, is capital punishment cruel and unusual? Lead a discussion about this from other perspectives, like moral ones.
  • Read the lesson summary

Quiz

  • Have your students take the lesson quiz
  • Go over the questions and answers as a class

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