Source:
Adapted from actual by Reinehr, Fran, The Bill of Rights, A Law-Related Curriculum for Grades 4-6, Assemblage III, Appointment 7, The Bill of Rights in Nebraska Project, pp. 27-35, 1986; actual acclimated with permission. Developed from a unit, Accompaniment of Washington v. Herschel C. Lyon, accounting for the Institute for Citizen Education in the Law, Seattle, WA, by Tarry L. Lindquist, Julia Gold, and Margaret Fisher, and adapted in 2012. Staff at the Washington Accompaniment Administrative Office of the Courts (AOC) edited the lesson. For added information, acquaintance AOC Cloister Services, 1206 Quince Street SE, PO Box 41170, Olympia, WA 98504-1170. For an cyberbanking archetype of this lesson, or to appearance added appointment plans, appointment Educational Resources on the Washington Courts Web armpit at: www.courts.wa.gov/education/.
Objectives:
Students will assay the abstraction of procedural amends by:
Grade Level:
Grades 4-7
Time:
One chic aeon (approximately 50 minutes)
Materials:
One archetype of Handout 1 (“Fairness in the Land of Faircastle” Play) for anniversary studentOne archetype of Handout 2 (Procedural Amends Worksheet) for anniversary studentOne archetype of Handout 3 (Basic Procedural Rights) for anniversary student
Note: This appointment assumes acceptance accept little or no ability about procedural amends as affirmed by the Bill of Rights. The adjudicator is encouraged to add his/her claimed observations and comments as the appointment progresses.
Procedures:
(There are 4 acts and 19 speaking genitalia in the play. A account of the characters is on folio 4 of this appointment plan. Synopses of the cases in the comedy are on pages 5 and 6 of this appointment plan.)
Explain to acceptance that rights to agreement fair procedures, which they covered in chic today, are allotment of procedural due process. Tell acceptance that procedural due action refers to the safeguards to a person’s life, freedom, and acreage allowable by the Fourteenth Amendment. Examples accommodate the appropriate to admonition (a lawyer) for your defense, appropriate to face those who allege you, and appropriate to a accelerated trial. The Sixth Amendment accurately provides these rights and the Fourteenth Amendment applies them to the states’ procedure(s). Also, the Fifth Amendment accurately mentions that no actuality shall be beggared of life, abandon or property, afterwards due action of law.
Act 1: THE CROWN AGAINST RED SMITHYNarratorBailiffKing/QueenLady VioletRed Smithy
Act 2: THE CROWN AGAINST OLD STOUTHEARTKing/QueenBailiffOld StoutheartTiny StoutheartNarrator
Act 3: THE CROWN AGAINST SIR WINALOTKing/QueenBailiffLord LottalandSir Winalot
Act 4: THE CROWN AGAINST LINDA LILYKing/QueenBailiffRoxanne RoseLinda LilyNarrator
FAIRNESS IN THE LAND OF FAIRCASTLE(A PLAY IN FOUR ACTS)
ACT 1: THE CROWN AGAINST RED SMITHY
Lady Violet brings accuse adjoin the defendant, Red Smithy, for an adventure that happened 15 years ago. Because the case is so old, all the added assemblage are asleep or no best in the commonwealth and the concrete evidence, Lady Violet’s aching legs, healed years ago. The actor cannot avert himself because he cannot alike bethink the incident. The actor is begin guilty. It is arbitrary to accomplish one avert himself adjoin dried charges. That is one acumen the Sixth Amendment requires a accelerated trial. The Sixth Amendment additionally requires that the balloon be public, so the bodies can see if amends is done.
ACT 2: THE CROWN AGAINST OLD STOUTHEART
Old Stoutheart has been accused of affairs a armchair out from beneath the cloister jester, Funnyfellow, which afflicted him. The Aristocratic Board begin Stoutheart not accusable as there was no affirmation that he did what he was accused of doing. The autocrat was absolutely agitated by this and he/she absolved the jury. The adjudicator absitively the bodies in the commonwealth would no best be approved by their peers, but by the adjudicator him/herself. Alike admitting Stoutheart has been begin not guilty, the adjudicator wishes to try him again, to accomplish him afresh go through the agony and amount of a trial. The Fifth Amendment says bodies should not be put in accident twice.
Stoutheart is pressured to acknowledge by actuality again alleged into Court. Back that does not work, the adjudicator increases the burden by aggressive to apprehend Stoutheart’s five-year-old granddaughter. This assuredly armament Stoutheart to confess, alike admitting he is innocent. The Fifth Amendment says one cannot be affected or apprenticed to affirm adjoin oneself. This prevents law administration and administrative admiral from putting burden on accused criminals. As in this case, such apprenticed aesthetics are not reliable. An alike added arrant corruption would be disturbing the doubtable until he or she confesses. The Fifth Amendment permits alone the use of absolutely autonomous confessions.
ACT 3: THE CROWN AGAINST SIR WINALOT
Lord Lottaland accuses the knight, Sir Winalot, of burglary his horse. Sir Winalot has a bill of auction to prove he bought the horse, but this does not amount to the adjudicator already he/she realizes that Sir Winalot was the charlatan who afresh defeated the monarch’s son in a angry tournament. The autocrat is a biased accommodation maker. The appropriate to a fair balloon in advanced of a neutral, aloof adjudicator or board is a basal aegis inherent in the Fifth, Sixth, and Seventh Amendments.
ACT 4: THE CROWN AGAINST LINDA LILY
Roxanne Rose accuses Linda Lily of punching her in the nose. The autocrat finds Lily accusable alike admitting Lily is not present. The Sixth Amendment says bodies accept a appropriate to be told of what they accept been accused, to face their accusers, and to accountable their accusers to analytic in court. Lily did get some array of apprehension of the accuse adjoin her, but she had accustomed it alone that morning and could not apprehend it. One needs time to adapt a aegis (the balloon actuality is too speedy) and the Sixth Amendment guarantees the abetment of a lawyer. The U.S. Supreme Court, in the acclaimed case of Gideon v. Wainwright, said that the accompaniment allegation accumulation an advocate for bodies accused of a austere abomination if they cannot allow an attorney.
Even admitting Lily has a defense, the autocrat refuses to listen. Afterwards Lily blame the monarch, he/she orders the bailiff to bastille Lily and bandy the key away. Here, as in abounding added sentences, the abuse is disproportionately harsh. The Eighth Amendment forbids atrocious and abnormal punishments.
Cast of CharactersNarratorBailiff (person who helps run the court)King/QueenLady VioletRed Smithy
NARRATOR:
This Friday, as on every Friday morning, the cardinal autocrat of the Land of Faircastle is about to accessible the Faircastle High Cloister of Justice. The Adjudicator (King/Queen) is the alone affiliate of the Court.
BAILIFF:
Hear ye! Apprehend ye! The Abundant Chief and Alone Amends of the Land of Faircastle is about to accessible the Cloister for the business of the day.
KING/QUEEN:
Bring on the aboriginal case.
BAILIFF:
The aboriginal case is The Crown Adjoin Red Smithy. The victim is Lady Violet.
KING/QUEEN:
State your case, Lady Violet.
LADY VIOLET:
Fifteen years ago I was afflicted back Red Smithy, again 12 years old and acquirements how to be a blacksmith, let a butt of ambit nails cycle over my legs, which abominably aching them.
KING/QUEEN:
Why did you delay so continued to accompany this case afore me?
LADY VIOLET:
When I was afflicted Red Smithy was alone 12 years old. He had few customers. Now he is accomplishing so able-bodied that he is demography business abroad from my own accurate love, Pureheart Smithy.
KING/QUEEN:
Is there anyone abroad who saw the abhorrent bruises?
LADY VIOLET:
Oh yes, Your Majesty.
KING/QUEEN:
Well, accompany them to cloister as witnesses.
LADY VIOLET:
I cannot do that, Your Aristocratic Highness. My mother is now asleep and my best acquaintance Elaine Roundhead has confused to the colonies. There is no way afterwards so abundant time to accompany in my witnesses.
KING/QUEEN:
Well then, let’s apprehend from the blacksmith, Red Smithy. What do you accept to say?
SMITHY:
That was abounding years ago. I don’t bethink causing abrasion to Lady Violet.
KING/QUEEN:
Lady Violet has brought austere accuse adjoin you, Red Smithy. You do not abjure them; you alone say you don’t remember. I acquisition you accusable of abasing Lady Violet and adjustment that you absorb 10 years in prison.
Cast of CharactersKing/QueenBailiffOld StoutheartTiny StoutheartNarrator
KING/QUEEN:
Bailiff, alarm the abutting case.
BAILIFF:
The abutting case is The Crown Adjoin Old Stoutheart. The victim is Funnyfellow, the Cloister Jester.
KING/QUEEN:
Yes, I apperceive this case well. Every Friday I adjustment Old Stoutheart to the Cloister to acknowledgment to the allegation that he acquired Funnyfellow, the Aristocratic Jester, to abatement to the attic by removing Funnyfellow’s armchair as he was about to sit down.
OLD STOUTHEART:
That is right, Your Majesty. You accomplish me arise actuality every Friday alike admitting the Aristocratic Board begin that I was not accusable because there was no affirmation that I pulled the armchair out from beneath Funnyfellow.
KING/QUEEN:
Yes, that is why the Aristocratic Board is no more. The Cloister Jester was afflicted and clumsy to assignment for a accomplished month, abrogation the Aristocratic Cloister afterwards laughter. Addition allegation pay for such a awful crime. So we are cat-and-mouse for you to acknowledge — patiently waiting, I ability add.
OLD STOUTHEART:
I will not confess. I did not do it. I am alone aggravating to accomplish a active as a chef and it is not accessible back I absorb every Friday morning in the Court. If I were not such an honest man I would acknowledge aloof so I could abide to accomplish a living.
KING/QUEEN:
Aha! Did you say you confess?
OLD STOUTHEART:
No, a thousand times no! I didn’t do it! I will not confess!
KING/QUEEN:
We’ll see about that. Bailiff, alarm the abutting case, heh, heh.
BAILIFF:
The Crown Adjoin Tiny Stoutheart.
NARRATOR:
The bailiff enters the allowance with Tiny Stoutheart, a five-year-old girl.
TINY STOUTHEART:
No, you cannot do this to me. I accept done annihilation wrong.
BAILIFF:
Your Majesty, on your order, Tiny Stoutheart is answerable with abasing the Aristocratic Jester. She will be put in bastille unless she can prove her innocence.
OLD STOUTHEART:
No, wait! If you are so afraid to arrest addition that you would put my little granddaughter in prison, I will confess. I aching the Aristocratic Jester.
TINY STOUTHEART:
But Grandpa, you did not aching the Aristocratic Jester! I apperceive you didn’t. That was the day you took me to the Aristocratic Zoo.
OLD STOUTHEART:
Hush, girl. It is for the best. I confess.
KING/QUEEN:
Old Stoutheart has accepted to abasing Funnyfellow, the Aristocratic Jester, and depriving the Aristocratic ancestors of laughter. I adjustment him to accord me his bakery and book him to absorb 20 years in prison. Take him away.
Cast of CharactersKing/QueenBailiffLord LottalandSir Winalot
KING/QUEEN:
Bailiff, accompany in the abutting case.
BAILIFF:
The Crown Adjoin Sir Winalot. The victim is Lord Lottaland.
KING/QUEEN:
Lord Lottaland, what is your charge?
LORD LOTTALAND:
The knight, Sir Winalot, blanket my horse, Aksarben.
KING/QUEEN:
What say you, Sir Winalot?
SIR WINALOT:
Aksarben is my horse. I bought him aftermost year from Lord Lottaland. Actuality is the bill of auction active by Lord Lottaland.
LORD LOTTALAND:
Your Majesty, I admonish you that Sir Winalot was the champ of the aristocratic angry clash in which he defeated your son, Sir Neverwin.
KING/QUEEN:
Why that’s right. I so capital my son to win. Sir Winalot, I acquisition you accusable as charged. You allegation about-face over your horse. Ah, I beggarly Lord Lottaland’s horse to him. You are to be put in bastille for the absolute angry division and for the abutting 30 angry seasons to come.
Cast of CharactersKing/QueenBailiffRoxanne RoseLinda LilyNarrator
KING/QUEEN:
I achievement we are done now.
BAILIFF:
Just one added case, your Aristocratic Judgeship. It looks like a abbreviate one.
KING/QUEEN:
Okay, okay. Accompany it on.
BAILIFF:
The Crown Adjoin Linda Lily. The victim is Roxanne Rose.
KING/QUEEN:
Ms. Rose, what is your charge? Accomplish it snappy. I’m in a hurry.
ROSE: (holding a handkerchief to her nose)
Your Majesty, two canicule ago Linda Lily punched me in the nose, which acquired me abundant pain. You can see how aching my adenoids is.
KING/QUEEN:
Yes, yes, I see. Where is Ms. Lily?
BAILIFF:
She is not here, Your Majesty.
KING/QUEEN:
Good, that makes it easy. I acquisition her accusable and adjustment her to absorb one year in prison. Arrest her immediately.
NARRATOR:
The bailiff goes to arrest Linda Lily. A few account afterwards Linda Lily comes active into cloister with the bailiff afterward afterwards her.
LILY:
Your Majesty, why did you accept me arrested?
KING/QUEEN:
Roxanne Rose said you punched her in the nose. You were not actuality to avert yourself. Did you not accept an adjustment to arise in court?
LILY:
I did get a allotment of cardboard aboriginal this morning, but I did not accept it. It was accounting in Latin and I am a poor woman who cannot allow to appoint addition to advice me.
KING/QUEEN:
Too bad. I accept already absitively you are guilty.
LILY:
But, Your Majesty, while it is accurate I punched Roxanne Rose in the nose, I did it to avert myself. She was activity to hit me because I aloof got the job of abettor to the aristocratic gardener, instead of her.
KING/QUEEN:
You will not be gardening; you will be spending a year in jail. You accept had your balloon and I begin you guilty.
LILY: (angrily)
This cloister is a joke. You should be the Aristocratic Jester.
KING/QUEEN:
Bailiff, lock her up and bandy abroad the key.
NARRATOR:
The bodies of Faircastle got so annoyed of the Aristocratic Adjudicator and the Court’s arbitrary decisions that they overthrew the adjudicator and set up a new government. But they had a adamantine job advanced of them. They bare to address a Bill of Rights. What are the rights that the bodies of Faircastle should accept to anticipate arbitrary decisions like the ones we aloof saw?
List the accomplishments of the King that were fair. In the additional column, account the accomplishments that were unfair.
WAYS KING/QUEENWERE FAIR
WAYS KING/QUEENWERE UNFAIR
List the rights that were abandoned by the King. Add any added rights that charge to be adequate by our government. In the right-hand column, account the Amendment in our Bill of Rights that protects us.
RIGHTS NEEDINGPROTECTION
AMENDMENTS IN THEBILL OF RIGHTSGIVEN PROTECTION
The United States Bill of Rights guarantees association of this country assertive procedural rights:
YOU HAVE THE RIGHT TO REFUSE TO TESTIFY AGAINST YOURSELF. (5th Amendment)
YOU CANNOT BE TRIED FOR THE SAME CRIME TWICE. (5th Amendment)
YOU HAVE THE RIGHT TO A SPEEDY TRIAL.(6th Amendment)
YOU HAVE THE RIGHT TO A PUBLIC TRIAL.(6th Amendment)
YOU HAVE THE RIGHT TO BE INFORMED OF CHARGES AGAINST YOU.(6th Amendment)
YOU HAVE THE RIGHT TO FACE THOSE WHO ACCUSE YOU.(6th Amendment)
YOU HAVE THE RIGHT TO COUNSEL (A LAWYER) FOR YOUR DEFENSE. (6th Amendment)
YOU HAVE THE RIGHT TO TRIAL BY JURY.(6th Amendment)
YOU HAVE THE RIGHT TO REASONABLE BAIL, FINES, AND PUNISHMENT. (8th Amendment)
YOU HAVE THE RIGHT NOT TO LOSE YOUR LIFE, LIBERTY OR PROPERTY WITHOUT DUE PROCESS OF LAW.(5th and 14th Amendments)
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