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9
Lesson Plan
Trial and Punishment
CONTENT AND COMPETENCIES
Content
This lesson will present the constitutional requirements for trials and punishments. Double jeopardy, the
Objectives
• Double jeopardy
MATERIALS AND RESOURCES
Computer and PowerPoint projector
KEYWORDS AND TERMS
aggravating circumstances
contraband
jury venire
mitigating circumstances
sequester (a jury)
sovereign
_____________________________________________________ Chapter 9 Trial and Punishment 2
Constitutional Law
Kanovitz
LESSON 9.1
CRITICAL THINKING QUESTION
What is the double jeopardy provision?
Guidelines: The double jeopardy clause of the Fifth Amendment mandates that no person shall “be subject
OBJECTIVES
CONTENT
TEACHING RESOURCES
Understand
double jeopardy
and recognize
when it applies.
Overview of
Constitutional
Safeguards during the
Trial and Punishment
Phases
PPT:
• 1–6
Figures:
_____________________________________________________ Chapter 9 Trial and Punishment 3
Constitutional Law
Kanovitz
LESSON 9.2
CRITICAL THINKING QUESTION
What are the Sixth Amendment and due process requirements for fair trials?
Guidelines: Defendants have Sixth Amendment and due process rights to ensure a fair trial, including the
OBJECTIVES
CONTENT
TEACHING RESOURCES
Understand the
Sixth
Amendment
and due
process
requirements
for fair trials.
Sixth Amendment and
Due Process
Requirements for Fair
Trials
Speedy Trial
Attachment of the Right
to a Speedy Trial
Denied
PPT:
• 7–12
Figures:
• Fig. 9.2: Elements of an impartial tribunal
_____________________________________________________ Chapter 9 Trial and Punishment 4
Constitutional Law
Kanovitz
LESSON 9.3
CRITICAL THINKING QUESTION
What are the dangers of pretrial publicity and how can they be avoided?
Guidelines: Pretrial publicity can sway potential jurors of the defendant’s guilt or innocence before the trial
OBJECTIVES
CONTENT
TEACHING RESOURCES
Recognize the
dangers of
pretrial
publicity and
understand the
procedures
preserve and
disclose
evidence
favorable to the
prosecution.
Pretrial Publicity
Standards for Choosing
an Impartial Jury When
There Has Been
Significant Pretrial
Publicity
Trial by Jury
When Jury Trial Is
Available
Required Number of
Jurors
PPT:
• 13–15
Figures:
• Fig. 9.3: Constitutional right to trial by jury
Student Activity:
• Read and discuss Case Study 4
_____________________________________________________ Chapter 9 Trial and Punishment 5
Constitutional Law
Kanovitz
LESSON 9.4
CRITICAL THINKING QUESTION
What are the Eight Amendment requirements for punishment?
Guidelines: The Eighth Amendment, which applies to the states through the Fourteenth Amendment,
prohibits excessive fines and “cruel and unusual punishments.” The constitutional definition of “cruelty”
OBJECTIVES
CONTENT
TEACHING RESOURCES
Understand the
Eight
Amendment
requirements
for punishment.
Eighth Amendment
Requirements for
Punishments
Constitutionally
Acceptable
Punishments
The Death Penalty
Eighth Amendment
Protection Inside
Prison Walls
Sadistic Use of Force
Against Inmates
PPT:
• 16–18
Figures:
• Fig. 9.5: Requirements for death penalty sentencing
laws
• Fig. 9.6: Eighth Amendment standards for treatment
Student Activity:
• Read and discuss Case Study 5
