L.Zeitchick
Walton H.S.
Due Process in the Democratic Society
INTRODUCTION:
In one earlier Supreme Court decision (
Powell v Alabama, 287 US 45) it was ruled that the right to counsel was
essential in safeguarding freedom but the extent of
the right was left to the discretion of the states. In a prior case (Betts v.
Brady, 316 US
Who was to pay the legal fees for those who
were indigent? Was legal counsel a right or a privilege? Was denial of counsel
due to one’s economic status a constitutional violation?
These questions had to be addressed, and
were subsequently addressed by the Warren
Court
YOUR ROLE
You are now Mr. Gideon. You have been arrested
and convicted of a felony crime, but you do not have enough money to afford a
lawyer. Your task is to defend your right to get a lawyer. The judge has denied
you this right.
Good luck Mr. Gideon!
Your findings will affect many thousands of poor who
follow.
Due
Process
The Fourteenth Amendment
No state shall make or enforce any law
which shall abridge the privileges or immunities of citizens of the United
States; nor shall any state deprive any person of life, liberty, or property,
without due process of law; nor deny to any person within its jurisdiction the
equal protection of the laws.
Amendment VI
In all
criminal prosecutions, the accused shall enjoy the right to a speedy and public
trial, by an impartial jury of the state and district wherein the crime shall
have been committed, which district shall have been previously ascertained by
law, and to be informed of the nature and cause of the accusation; to be
confronted with the witnesses against him; to have compulsory process for
obtaining witnesses in his favor, and to have the assistance of counsel for his
defense.
Did the court’s failure to appoint counsel for Gideon violate his right to a fair trial and due process and protected by the sixth and fourteen amendments to the Constitution?
Why is due process important?
Task #1
Respond
to one or more of the following questions in a thoughtful essay of a minimum of
250 words.
Use
MS word to write your final draft
1. How
might you have responded if you were in a similar situation?
2. Do
you agree with the decision of the court?
3.
What additional arguments might be applicable?
4.
What are the future implications of this decision?
Task #2
Can
you apply what you have learned?
Complete
your project, defending your position, from Gideon’s point of view.
Show what you have learned by
creating an original piece of work in the form of a PowerPoint presentation,
an art project or photo journal, a poem, a cartoon, a diorama,
an oral presentation, a letter to an official, a role play,
or an editorial. Your project may be done individually or as a group.
The Process
1. Students will form self-selected groups. . In
groups students will explore the actions, determine the values and examine the
legal bases of the case.
2. Students will use CompuLEGAL. to study Due Process and Gideon v Wainwright.
Students will complete the worksheets on the web site.
Students will use these worksheets and the Internet sites given in the
“Resource” section of the Webquest to complete the “Task”.
Students will read the FACTS OF THE CASE
Students will study the VISUAL OF
THE CASE
Students will
fill in FACTS
AND ISSUE QUESTION chart
Students will fill in REASONING CHART
Students will read the ARGUMENTS
OF THE CASE
Students will read the FINAL DECISION OF THE CASE
3. Students will argue for Gideon and discredit those
who disagree with Gideon in their product.
4. Products will be presented to and reviewed by the
class.
Resources
http://www.landmarkcases.org/gideon/background3.html
http://usinfo.state.gov/usa/infousa/facts/democrac/67.htm
EVALUATION
Student evaluation will be based upon the following
criteria:
Effort and initiative
Teamwork
Presentation and debrief
Written research project
Grading Rubric
Excellent
1. Student shows a complete understanding of the
research topic.
2. Student provides facts and opinions with supporting
details.
3. Student shows the ability to analyze, evaluate, and
apply critical thinking skills.
4. Student participates in group process.
5. Student submits complete written project.
Good
1. Student shows a good understanding of the research
topic.
2. Student provides facts and opinions with supporting
details.
3. Student shows the ability to analyze and evaluate
information.
4. Student participates in group process.
5. Student submits complete written project.
Passing
1. Student shows a satisfactory understanding of the
research topic.
2. Student provides facts and opinions with some
supporting details.
3. Student shows minimal ability to analyze and
evaluate information.
4. Student participates in group process.
5. Student submits written project.
Incomplete
1. Student shows a minimal understanding of the
research topic.
2. Student provides minimal facts and opinions.
3. Student shows fair ability to analyze and evaluate
information.
4. Student has difficulty participating in group
process.
5. Student submits incomplete written project.
Standards
SOCIAL STUDIES 1 & 5
ELA 1, 3, 4
Conclusion
By completing this WebQuest you have used CompuLegal
to research the concept of due process through the Supreme Court case Gideon v
Wainwright. You have selected one of several questions and written an essay
response. You have researched and presented information to the class and had
your project reviewed.. You have submitted your research
individually or collectively. Additionally you have participated in a
discussion with your peers, expressing your feelings and experiences while
completing this research project. You can now utilize the technological
research and critical thinking skills that you have acquired during this
process to further explore this issue or any additional issues that are of
interest to you.
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