LRE NEWSLETTER

ILLINOIS STATE BAR ASSOCIATION

LAW-RELATED EDUCATION NEWSLETTER

November/December, 2003

HIGH SCHOOL MOCK TRIAL INVITATIONAL INFO: The 2004 High School Mock Trial materials will be mailed in late November to those expressing interest. If you are receiving this newsletter, you will also receive the mock trial packet via e-mail. Mock trial materials will also be posted at the ISBA LRE Website, http://www.isba.org/Sections/lawrelateded.asp. Please feel free to forward this, and future newsletters, to interested individuals.

TO WIN EQUALITY BY LAW, Brown v. Board at 50 : The American Bar Assocaition's 2004 Law Day Theme

Law Day, May 1, 2004 will celebrate the 50th anniversary of the U.S. Supreme Court's 1954 ruling in Brown v. Board of Education. By commemorating this decision, Law Day celebrations can call attention to the meaning of equality in our democracy and the role of law, advocates, and courts in establishing and protecting our rights. For information on Law Day, and availability of FREE Law Day Planning Guides and Resource Catalogs, visit the American Bar Association's Division for Public Education at www.lawday.org

Review the U.S. Supreme Court's decision by reading Brown v. Board of Education, 347 US 483 (1954). You may also want to visit

http://www.pbs.org/jefferson/enlight/brown.htm or

http://brownvboard.org/ for additional information and resources on Brown.

ILLINOIS LEARN PROGRAM AWARDS GRANTS

The Illinois Law-related Education And Resource Network (LEARN) Program, the law-related education, charitable branch of the Illinois State Bar Association, has awarded two grants to support LRE programs in Illinois:

One grant has been awarded to the University of Illinois at Springfield, Abraham Lincoln Presidential Center for Governmental Studies, Public Policy High School Initiatives Program to cover expenses for Abraham Lincoln lesson plans and a curriculum CD: Young Mr. Lincoln, The Lawyer, Middle School Integrated Thematic Curriculum Project. The LEARN Board approved a grant of $7667.50. For information on the Center for Governmental Studies and the Public Policy High School Initiatives Program, visit their website at http://pphsp.uis.edu/

A grant of $5000.00 has been awarded to the Constitutional Rights Foundation Chicago to sustain and promote their various law-related education programs and publications. For information on the CRFC, visit their website at www.crfc.org.

The Illinois LEARN Board of Directors welcomes additional law-related education grant proposals. Proposals must be for programs that create, teach or support law-related education programs that benefit students statewide. It is rare for LEARN to grant an award in excess of $5000. Applications may be requested by contacting Donna Schechter, Illinois LEARN, 424 South Second Street, Springfield, IL 62701 or by e-mail to dschecht@isba.org.

Please feel free to forward this, and future newsletters, to interested individuals.

YOUR OBLIGATION TO REPORT SUSPECTED CHILD ABUSE

Certain professionals must report suspected child abuse or neglect. While most individuals may have no legal obligation to report, this should not be interpreted as eliminating a moral obligation to do so. Professionals who work with children are required by law to report these suspected abuses. Failure to perform this duty, together with a subsequent injury to the child that results in permanent injury or death, could give rise to a cause of action in court for negligence.

Professionals who must report include teachers, truancy officers, school administrators, social workers, social services administrators, nursery school or child day care center personnel and many more. Professionals and non-professionals receive immunity from criminal or civil liability if they make a report "in good faith."

Reports of suspected child abuse or neglect should be made promptly to the Illinois Department of Children and Family Services (DCFS) Child Abuse Hotline as 800-25-ABUSE. A professional must file a written report within 24 hours of making the verbal report. After receiving a written report, DCFS is required to conduct an investigation, which includes contacting professionals and non-professionals alike, so that the safety of the child can be assured.

For additional information on mandated reporters, visit the Illinois Department of Children and Family Services website at http://www.state.il.us/dcfs/cp_child.shtml

POINTS OF LAW:

For discussion purposes in classrooms, community gatherings, libraries, etc.:

900 TELEPHONE NUMBER SERVICES: Nine hundred numbers are known as “pay-per-call” services because you pay a specific amount each time you place a call. Pay-per-call services include, but are not limited to 900 and 976 prefixes. Consumers should be aware that charges for pay-per-call services are not illegal, but they can be costly. When you dial a 900 prefix, you may be required to pay a flat rate or a per minute charge each time you dial the number, and charges may range from $.50 per minute to $99 a call. There may also be a minimum charge and other fees based on the length of the call. In Illinois, pay-per-call services are regulated by the Pay-Per-Call Services Consumer Protection Act, which is enforced by the Attorney General. See 815 ILCS 520

ARE YOU PAYING TOO MUCH TO HAVE YOUR CHECK CASHED? On paydays, it's common to see long lines at service desk areas in grocery or retail stores that offer check cashing services to the public. For people who need cash as soon as possible and don't have easy access to a bank, this is a service that is convenient and greatly appreciated. In Illinois, there are limits on how much a business can charge you for cashing your personal check or paycheck. Retail merchants, like department or grocery stores, may offer cash checking services to their customers and may charge fees for each check cashed; however, the fees charged for this service may not exceed $.50 or 1 percent of the face value of the check, whichever is greater. Check cashing policies should be displayed openly for customer review.

JURY DUTY IN ILLINOIS: All Illinois residents, 18 years or older, who are U.S. citizens are eligible to serve on a jury. If you and are not too ill or disabled to serve, and able to understand English, then you are eligible for jury service. This duty assists in the fair and equitable administration of justice and is a responsibility we all share. Unless you are excused for a special reason, failure to reply, or giving fraudulent grounds to avoid jury service may constitute contempt of court, punishable by fine or imprisonment. If you have a legitimate reason that you feel you are unable to serve, you should contact the number on the jury summons and explain and ask for a deferral to another time, or an excuse from service.

REDUCE YOUR SPEED IN SCHOOL ZONES: On school days when children are present and so close to the roadway that a potential hazard exists, you may not drive your vehicle at a speed in excess of 20 miles per hour while passing through the school zone or while traveling upon any public thoroughfare where children pass going to and from school. Under Illinois law, appropriate signs must be posted on streets and highways where the school zone is located. These signs must give proper due warning that a school zone is being approached and must indicate the school zone and the maximum speed limit in effect during school days when school children are present. The penalty for not reducing your speed in these posted school zones is $150 for your first offense.

THINGS YOU SHOULD KNOW ABOUT FAIR DEBT COLLECTION PRACTICES: If you fall behind in paying your credit card, loan, mortgage or other debts, a debt collector may contact you. There are laws that assure fair treatment in any debt collection procedure. Debt collectors may contact you by mail, telephone, telegram, e-mail or in person. They must, however, limit these contacts to reasonable times and places. For instance, collectors may not contact you before 8:00 a.m. or after 9:00 p.m., unless you give permission. Debt collectors may contact you at work, unless they are aware that your employer disapproves of such contact. You may contact collection agency in writing, telling him or her to stop contacting you. Once the agency receives your letter, it may not contact you again except to notify you that some specific action will be taken. These laws are meant to protect you. They do not forgive any legitimate debt you may owe.

HOLIDAY SHOPPING, ON-LINE OR OFF: The holiday season can be a hectic time of year for shoppers and for retail stores. Unless consumers are careful, the season can create more than its share of problems. Don't be in too much of a rush. Keep your receipts in case you need to return or exchange an item. Be aware of return policies, which are usually posted at checkout counters. If you order gifts by mail, telephone or over the Internet, you have certain protections. Federal law requires sellers to ship purchases within thirty days, unless their offer or advertisement specifies a later date. If there is a delay, the seller must notify you, give you a chance to cancel your order, and send a full refund if you choose to cancel. The safest way to pay for mail order or on-line purchases is by credit card. Credit companies often provide additional consumer safeguards as part of their service to you.

CLASSROOM ACTIVITY: THE BILL OF RIGHTS - WHAT IT MEANS TO YOU

The Bill of Rights was added to the U.S. Constitution in ten amendments in 1791. These rights and liberties are found primarily in the Bill of Rights, the 13th, 14th and 15th Amendments enacted after the Civil War, and the several amendments expanding the right to vote. It has been said that these are 26 rights protected by the Constitution.

James Madison, who later became the fourth President of the United States, is generally regarded as the Father of the Bill of Rights. When the Constitution was adopted in 1787 and sent to the states for approval it did not contain a Bill of Rights. Many people felt that the lack of a Bill of Rights was a major mistake; in fact, opposition to the Constitution was so strong that it went into effect only with the promise that it would be amended to include a Bill of Rights. James Madison, a Congressman at the time, wrote the Bill of Rights and provided the leadership in Congress to pass the document. Virginia became the eleventh state to ratify the Bill of Rights on December 15, 1791. On that date the Bill of Rights became effective and that is the date, which is officially set aside for celebrating the Bicentennial of the Bill of Rights. Ten of the provisions found in the Bill of Rights are listed below. Pretend that a major political movement known as the Magnificent Seven Movement has become extremely popular and powerful. They believe that everything must be in multiples of seven. If you can you only keep seven of the rights listed, which three would you give up?

Keep Give Up

______ Freedom of religion ______

______ Right to an attorney ______

______ Freedom of speech, association ______

______ Right to bear arms ______

______ Freedom from cruel and unusual punishment ______

______ Right to remain silent ______

______ No quartering of troops in homes ______

______ Right to a jury trial ______

______ Freedom from unreasonable searches ______

______ Right to assemble & petition the government ______

Are there other, more important rights which you feel should be listed?

Prepared by Frank Kopecky, University of Illinois at Springfield, A. Lincoln Presidential Center for Governmental Studies, and member, Illinois State Bar Association Committee on Law-Related Education for the Public

LAW-RELATED CONTACTS AND RESOURCES

The Secretary of State's Literacy Newsletter is now available on line at http://www.cyberdriveillinois.com/publications/librarypub.html

The Southern Illinois University Self Help Legal Center has information on line at http://www.law.siu.edu/selfhelp/info/

Information on the Illinois Youth Court Association is available through the Office of the Illinois Attorney General at http://www.ag.state.il.us/programs/safe2learn/iyca/iycamain_2.htm

Information may also be sought through Jessica Ashley, Illinois Youth Court Associatin, 100 West Randolph, Chicago, IL 60606 312/793-0001, e-mail: jashley@atg.state.il.us

The Civic Mission of Schools has issued "A Report from Carnegie Corporation of New York and CIRCLE: The Center for Information and Research on Civic Learning and Engagement" available at www.civicmissionofschools.org. The report indicates that schools can help develop competent and responsible citizens by encouraging or providing:

1. instruction in government, history, law and democracy;

2. incorporate discussions of current local, national and international issues and events into classrooms, particularly those events that young people view as personally important;

3. offer programs and opportunities for community service that are linked to formal curriculum and classroom instruction;

4. offer extracurricular opportunities that promote involvement in schools or communities

5. support participation of students in school governance;

6. support participation of students in simulations of democratic processes and procedures.

The Federal Resources for Educational Excellence (FREE) has updated their offerings at http://www.ed.gov/free/index.html. This website links to a wealth of information and resources and includes resources from the Library of Congress, the National Science Foundation, the Department of Education and more.

LAW-RELATED EDUCATION LESSON PLAN

STEREOTYPES: WHAT YOU SEE ISN'T ALWAYS WHAT YOU GET

Originally created by Jim Littlejohn, Irmo High School, Columbia, South Carolina (CRADLE LESSON PLAN 71542A (Updated by the ISBA Committee on Law-Related Education 2003))

ABSTRACT/INTRODUCTION: This lesson will develop an acute awareness of the stereotypes that exist or have existed in television programming. Students will compare and evaluate television programs in an effort to examine how stereotypes have been or are being presented on television.

GOALS/OBJECTIONS: As a result of this lesson, students will be able to:

Explain the concept of stereotypes.

Compare and contrast television programs for stereotypes.

Examine the impact of television programs in eliminating or

perpetuating stereotypes.

SUBJECT/GRADE LEVEL/AUDIENCE: This lesson would be appropriate for middle school or high school students. The lesson could be taught as part of a Social Studies or Language Arts curriculum.

TIME REQUIRED: This lesson could be completed in as little as three 50-minute classes or extended as long as the teacher desires.

MATERIALS NEEDED

1. Television

2. VCR

3. Videotapes

4. Overhead projector

5. Transparencies or flip chart paper

6. Markers

PROCEDURES: Students and teacher should develop a working definition of the concepts of stereotypes. Teacher should ask the students to give their definitions and modify their responses to come up with a definition all can understand.

Students should be placed in groups of no more than four students. Each group will need overhead transparencies and markers. They should have a recorder and a spokesperson for each group. (See Appendix A)

Each group's task will be to brainstorm examples of stereotypes. The recorder will write the examples on the transparency and the reporter will share their group's responses by showing the transparency on the overhead. The amount of time needed is dependent on the size of the groups and the number of groups. (See Appendix B)

Students and teachers should discuss each group's responses and identify similarities and differences. Develop a list of the groups' identified stereotypes and have the students record these. Determine which are positive or negative stereotypes.

Students should return to their small groups and brainstorm a list of television shows that include minorities. Each reporter will share their groups' list with the class. The teacher should make a composite list of all groups' choices.

Teacher should pose the following question:

How has television portrayed minority groups? Give examples. Students should write their responses individually and then share their answers within their group. The teacher should compare and contrast each group's responses.

Teacher should preview the videotape "Color Adjustment" in order to develop questions the students would answer while watching the program. If the videotape is not available, the teacher should identify former television programs that included minorities. Provide examples of stereotypes from these shows so that the students can see what changes have taken place in the portrayal of various minorities on television.

Each group will choose a different television program from the composite list to evaluate. The teacher should instruct each group to identify the stereotypes they believe are portrayed in the show. Students should identify both positive and negative aspects of the characters in the show. If possible have students videotape the show they are going to evaluate. (Make sure copyright laws are not violated.)

Each group should plan a 10-15 minute oral presentation about the program they evaluated. If possible they should use their videotape to prove their evaluation.

EVALUATION: The teacher should evaluate students' knowledge of terms

associated with stereotypes through oral questioning or a written test. Peer evaluation of each groups' reports would be an effective means of checking for understanding. The class could determine if a groups' presentation met the criteria for positive and negative stereotyping. Another effective evaluation method would be for the teacher to present a video from a show the students did not discuss and have the students evaluate the show independently or in their groups.

DEBRIEF SUMMARIZATION/CLOSURE

What are stereotypes?

How can a stereotype be positive or negative?

What stereotypes have television programs portrayed?

Do you think television have increased or decreased the portrayal of stereotypes? Give examples.

How would you change television so that stereotypes were no longer portrayed?

TIPS FOR THE TEACHER

Follow the suggested procedures for developing small groups and using the brainstorming technique. Working with the negative aspects of stereotyping may cause some concerns for some students. Make sure students are aware of these concerns. Make sure the television programs the students choose are age appropriate for the students you teach.

Distributed by the Center for Research and Development in Law-Related Education, Wake Forest University School of Law, 2714 Henning DR, Winston-Salem NC 27106; 1-800-437-1054.

Appendix A - Developing small groups: The first time the class works in groups is critical. Therefore, it is important to follow a few successful practices for this first attempt at using small groups.

· Teacher appoints the groups.

· Balance the groups so each includes a range of talents (extroverted students and quiet students, high achievers and those less apt to participate, etc.).

· Groups of four or five seem to work best, depending on compatibility.

· Meet with group leaders in advance to explain responsibilities.

· Spend time in class explaining group, reporters', and recorders' responsibilities.

· Be sure groups sit so that they can see each other.

· Move around to each group during their work to answer any questions.

Appendix B

BRAINSTORMING: Brainstorming is a well-known, widely used problem-solving tool. It encourages participants to use their imaginations and be creative. It helps elicit numerous examples to any given situation or problem.

STEPS FOR EFFECTIVE BRAINSTORMING

1. Seat the participants in small groups

2. Provide a transparency, flip chart, or paper for recording examples

3. State the problem to be discussed

4. State the rules of the technique:

a) No evaluation of examples or no judgment on the response

b) Free wheeling thinking no restrictions

c) The more examples the better, strive for quantity

d) Piggyback on others ideas

5. Ask for examples and record them as fast as they come

6. Do not permit laughter, derisive comments, or ridicule of anyone's examples

7. Continue as long as the examples keep coming

Appendix C- Examples of study topics/questions

How did W.W. II, the Korean Conflict, the Viet Nam war and the recent Mid-Eastern conflicts benefit or hurt minorities?

What stereotypes did past television shows perpetuate? (Students should be encouraged to discuss with parents, grandparents, and other adults who may be familiar with classic television shows.)

227 24

90210 All in the Family

Amos & Andy Andy Griffith

Barney Miller Baywatch

Bewitched Charlie's Angels

Coach Designing Women

Different Strokes Doogie Howser M.D.

Everwood Everybody Loves Raymond

Father Knows Best Frasier

Friends Green Acres

Happy Days Julia

Law & Order Leave it to Beaver

Life Goes On Little Rascals

M.A.S.H. Murphy Brown

Queer Eye for the Straight Guy Roseanne

Sanford & Son Seinfeld

Star Trek Survivor

That Girl The Cosby Show

The Golden Girls The Jeffersons

The Love Boat The Nanny

The Simpsons Three's Company

Webster Welcome Back Kotter

West Wing What's Happening

Who's the Boss Will & Grace

Stereotypes - People on TV are stereotyped in many different ways. Ask students to list the different groups that may make up a "stereotype:

"Can you think of television programs that combat stereotyping or go against the normal, expected roles people play in society?

· Age (old people, young people, teens)

· Sex (women and men, boys and girls)

· Job (teacher, model, truck driver, doctor, lawyer)

· Culture (Irish, Italian, Jewish, Muslim)

· Race (black, white, Asian, Indian, Hispanic)

· Looks (pretty, ugly, overweight, 'nerdy')

· Position in family (mother, father, sister, brother, grandparent)

Do television series or films have a greater tendency to stereotype? Are stereotypes fading as society is better connected and more diverse?

LAW-RELATED BIOGRAPHIES CAN TEACH ABOUT LAW AND SOCIETY

Search your public library for biographies about U.S. Presidents, first ladies, justices, diplomats, Prime Ministers and other world leaders, for an examination of how laws have been formed and fought for in history. From the Founding Fathers (Adams to Washington) to the Bush dynasty, there's something for everyone. There have been 42 U.S. Presidents (for brief biographical information, go to www.whitehouse.gov/history/presidents), 51 British Prime Ministers since Robert Walpole first held the office in 1721, including the only woman--Margaret Thatcher, and the ever-popular Winston Churchill. For biographical information on all 51 British Prime Ministers, go to http://www.number-10.gov.uk/output/page123.asp

For more ideas, go to http://www.biography.com/search/

PRESIDENTIAL TRIVIA

Test your knowledge of our nation's leaders by taking the following quiz:

1. How many Lincolns are there on a penny?

2. What famous president borrowed money to be able to afford his first inauguration?

3. What ex-president, after being shot in the chest, launched into a 50-minute speech saying, "I will deliver this speech or die"?

4. What president had to sneak into Washington for his inauguration by night, wearing a plaid shawl and hat as a disguise?

5. What president's son was saved from death by the brother of his father's assassin and later was at the scene of three presidential assassinations?

6. Who was President David Rice Atchison, and when did he hold office?

7. Who is the one president born in Illinois

ANSWERS:

1. Two, look carefully inside the Lincoln Memorial on the back.

2. George Washington borrowed 600 pounds - he was land-poor.

3. Teddy Roosevelt delivered the speech and lived seven more years.

4. Lincoln at the start of his first term passed through rebellious Baltimore clandestinely.

5. Robert Todd Lincoln, eldest son of Abraham Lincoln, during the Civil War was journeying by train when he almost fell between two railroad cars. He was saved by the arm of Edwin Booth, brother to his father's future assassin. Later Lincoln's son was at the scene of his father's shooting and the shootings of James Garfield and William McKinley.

6. Atchison, president pro tempore Senate, served 24 hours as president in 1849 when the inauguration of Zachary Taylor fell on Sunday but the ceremony wasn't held until Monday.

7. Ronald Reagan.

LAW-RELATED EDUCATION LESSON PLAN - IMPARTIAL JURIES: REALILTY OR FANTASY? Created by Dan May, O'Fallon High School, O'Fallon, Illinois

INTRODUCTION: Can reading a newspaper influence or bias jurors so they are unable to arrive at an impartial decision? Students become jurors and attempt to reach a verdict in a burglary case. Some jurors are exposed to media stories that provide details or information not presented at the trial. Depending on the resources available to the teacher, media exposure could be a TV news program, radio news broadcast or a newspaper article. After reaching a decision in the case, students are asked about their ability to be impartial while being exposed to media technology.

GOALS: As a result of this lesson, students will:

‑ analyze information in order to make an informed decision;

‑ understand the process by which a group attempts to achieve consensus;

‑ evaluate the impact of different factors during the decision‑making process;

‑ advocate a position and defend it;

‑ assess the impact of technology in safeguarding an impartial jury.

SUBJECT/GRADE LEVEL: This activity is designed for secondary school students in Government, Civics, Sociology or Psychology classes.

TIME REQUIRED: The estimated time for completion is one class period for the activity and one class period for debriefing and a follow‑up writing assignment.

MATERIALS NEEDED:

1. Two different newspaper stories with information on the burglary suspect.

2. A summary of testimony given at a burglary trial.

3. An individual decision‑making sheet for each student.

4. A discussion guide and jury verdict form for each group.

5. A Teacher's Discussion Guide to be used in debriefing.

6. Audio or video recorders to prepare news programs and for broadcast to selected students. (Optional)

PROCEDURE - DAY ONE

1. Discuss with students the purpose of a jury and who serves on one.

2. Provide half the class with Handout 1A and the other half with Handout 1B. Instruct them to read the newspaper article they've been given.

3. Allow the students to complete their reading of the handout (about 1‑2 minutes). Tell them they are going to become jurors to decide the fate of the suspect arrested for the burglary.

Explain that the class will be divided into two groups of jurors but each group will be discussing the same case. At the conclusion of the case the verdicts will be compared.

4. After collecting the first handout, distribute Handout 2. Instruct the students to pick up and complete Handout 3 when they finish reading the trial testimony (Handout 2). The students should use an identification number (book number) not their name.

5. Have each group of jurors (A & B) select a foreperson to lead their discussions. Give each foreperson the following instructions: Your job is to make sure that all points of view are given a fair examination prior to making a final decision. You should ask each juror to state a position and the reasons for it.

6. Jurors should discuss the case and attempt to reach unanimous agreement by the end of the class period. Have each jury record its vote by the end of the class period even if unanimous agreement cannot be reached.

7. Collect the individual juror decision‑making worksheets.

DAY TWO - DEBRIEFING

1. Have the foreperson for each group report the verdict reached and summarize the discussion among the jurors.

2. Randomly distribute juror decision‑making worksheets. Make sure the paper has only an identification number and no name is visible. Students should not receive their own paper.

3. Have each student read the juror worksheet provided him and search for any evidence of bias in the analysis and decision. The students will not know the owner of the opinion and reasoning being read. They'll only be evaluating the thoughts written.

4. Have students discuss their opinions of the reasons for jurors decisions.

5. Use the Teacher's Discussion Guide to raise points not raised by the students during their discussion.

EVALUATION: Collect and grade the individual juror decision‑making worksheet. Assign students to write an essay in which they assess the positive and negative impact that technology could have on maintaining the impartiality of juries. Assign students to provide written responses to some or all of the questions included in the debriefing exercise on Day Two. Have students find one magazine article on jury deliberations and prepare a written report on the article and the relationship it has to the classroom activity.

TIPS FOR THE TEACHER: If desired, the teacher can use the newspaper stories as scripts for a news broadcast over the radio (tape recorder) or TV (videotape). Perhaps you might compare whether reading, listening or seeing has any different impact. Monitor the discussions in each group. Make sure that the groups are allowing each person to offer the reasons for the opinion being expressed. If students are not influenced by the newspaper story, ask them to explain how they were able to do that. Discuss what procedures might be followed to guarantee jurors on any jury could maintain the same degree of impartiality as the students in this exercise. If students on Jury B do not bring up points in the news article that were negative about the defendant, the teacher should raise those questions during the deliberation.

One idea for safeguarding impartiality is to videotape trials without the jury present. If a question or testimony violates the rules of evidence, it could be deleted from the tape so jurors would never be exposed to the information. (This relates to question 6 in the Teacher's Discussion Guide).

This exercise could lead into an examination of voir dire or the rules of evidence used during trials. Students would understand the need to have trial rules that ensure reliability and fair treatment of the issues. A possible follow‑up discussion could deal with the video technology used in the trials involving defendants charged with assaulting Rodney King and/or Reginald Denny.

* * * * *

Distributed by the Center for Research and Development in Law‑Related Education, Wake Forest University School of Law, 2714 Henning DR, Winston‑Salem NC 27106; 1‑800‑437‑1054. CRADLE LESSON PLAN NO. 71548A

HANDOUT 1A - TEEN SUSPECT ARRESTED FOR BURGLARY, by J.R. Press

Three months after a break‑in, police arrested a teenage suspect for the crime. Kevin Power, 17, was charged with the October 26th burglary of a beauty shop in Mascoutah. The building owner who had seen someone enter through a window had called police to the scene. The intruder had left the building by the time police arrived. An investigation showed a small number of pennies were missing from a cash box. Power was arraigned yesterday and pleaded not guilty to the charge. Power was unable to produce money for bail and remains in the St. Clair County Jail. He is expected to ask the court to appoint a public defender for him. The trial date has been set for April 14. Citing laws governing confidentiality, officials at Mascoutah High School declined comment when asked about Power's academic and discipline record. Officials did confirm that Power is enrolled at the school but provided no other details.

HANDOUT 1B - TEEN SUSPECT ARRESTED FOR BURGLARY, by J.R. Press

Power, a member of the school soccer team, was ejected from a game earlier this season. Kyle Jemoe, a soccer opponent of Power's said, "He's known for his dirty play and behaves like a jerk. I'm not surprised he's been arrested."

Erin Nobidee, Power's cousin, was upset with the arrest. In an interview she stated, "He's been in and out of trouble for a long time and now it appears to be serious. He can't expect his family to keep pulling him out of jams. He's put his parents through enough grief with his actions."

Police declined to give details of the case against Power but expressed confidence that their investigation would result in his conviction. A source did say that Power is believed to own the same type of athletic shoes worn by the intruder.

HANDOUT 2 - TRIAL TESTIMONY

A defendant is on trial in St. Clair County for the crime of burglary. A beauty shop was burglarized on October 21, 1985 at approximately 7 p.m. The trial date is April 14, 1986. The judge and attorneys question 36 prospective jurors and select 12 jurors and one alternate. The jurors selected are three black women, two white women, three black men and four white men. Their ages range from the mid‑twenties to the mid‑sixties. The occupations of the twelve jurors: Avon Lady; Practical Nurse; retired Railroad Worker; Bank Cashier; Civil Engineer; Housewife; Post Office supervisor; High School Teacher; Unemployed; Railroad Employee; Executive of Emerson Electric.

The prosecutor, an assistant states attorney, gives an opening statement in which he outlines his case against the defendant. He explains the purpose of his remarks is to give the jury an overall idea of how he will put the pieces of his case together to present an entire picture at the conclusion of the trial.

The defense attorney, a public defender, reminds the jury she does not bear the burden of proving the defendant innocent because he is considered innocent throughout the trial unless the prosecution proves the defendant guilty beyond a reasonable doubt. Both attorneys are low‑key and unemotional in their presentations.

The prosecutor presents his case first. He questions six witnesses who are each called separately. Each of them is kept outside the courtroom and called in one at a time. After the States Attorney's direct examination of a witness, the Defense cross‑examines. The Prosecutor is then allowed to redirect questions before the witness is excused.

SUMMARY OF THE PROSECUTION'S CASE

Owner of the Building: He testifies he was working in his apartment building next to the beauty shop which was rented to the woman who operated the shop. He went outside the building to get something when he saw feet going in through a window of the beauty shop. He yelled at the person but had no response. He ran next door and asked someone to call the police. He then ran back to the window but didn't see anyone. This all happened within five to ten minutes. From seeing the feet, he had the impression it was a young man who entered the building. He never saw the person's face. He testified it was just turning dark, like twilight, around 7 p.m.

Beauty Shop Owner: She testifies she was not present at the time of the break‑in. She was called by the building owner and went to the shop to assess the condition of the shop and its contents. She testifies she was the last one to leave the shop on Saturday night and had not returned until she received the call about the break‑in Monday night. She tells the court she normally straightens up before leaving the shop by wiping off the countertop and straightening her work area but couldn't be

absolutely certain she had done so before leaving that Saturday. She recognizes the defendant as someone who came to her shop shortly after school had opened in the fall. He had entered the shop and stood by the front door while asking about the price of a haircut. He left after a short time. He had not been given permission to be in the building on the night of the burglary.

When asked to describe the shop after the burglary, she says she found doors open, shelves and drawers pulled out and a coin box was tilted with 35‑45 pennies missing.

Police Chief: He testifies he was driving to a store at around 7 p.m. on October 21, 1985. He saw the defendant running towards his home from the area of the beauty shop. The chief knew the defendant, which is why he recognized him, and knew where he lived. At the time he spotted the defendant, the chief was unaware of the burglary. He testifies one of his police officers contacted him at the bowling alley and informed him of the burglary. The chief told the officer he saw the defendant running in the area at about the time of the reported break‑in.

Police Officer: He responded to a call about a break‑in and arrived at the scene a minute or two after getting the call from the dispatcher. He discovered the front door open but no one was in the shop. He called the crime lab and waited to assist the lab technician in his examination of the crime scene. Later that night he called the police chief at his home to inform him of the burglary. The chief told him he saw the defendant running in the area of the burglary that would have been around the time it was being reported.

Lab Technician: He testifies he was called at home and asked to investigate the burglary. He arrived at the scene and discovered an open rear window, open cabinets and drawers. The shop was clean, no hair on the floor or countertops. He explained the process of dusting and lifting latent prints. He found no usable prints, only smudges, in the window area, drawers and front door. He lifted two latent palm prints from the owner's work area countertop.

Forensic Scientist: He provides information about his training for the work he does for the crime lab that employs him. His training includes a degree in biology, some graduate work in biology, two FBI sessions for fingerprint reading. He is a member of state and national associations for forensic scientists. After a request by the prosecution and no objection by the defense, the judge allows the witness to be considered an expert witness. He then proceeds to explain the process of print analysis. He took the prints of the defendant on January 16, 1986. These prints were compared to the latent prints found the night of the burglary. He has a blown‑up photo of the two prints and identifies 14 identical features of the two prints. He positively identifies the print at the burglary to be that of the defendant. He says there is no set standard for positive ID but his personal standard is to match a set of prints by identifying eight matched features. He testifies he found 64 matched features of the prints he studied for this case.

SUMMARY OF THE CASE FOR THE DEFENSE

The defense attorney calls only one witness, the defendant. The prosecution does not cross‑examine the defendant.

Defendant: He doesn't remember where he was about 7 p.m. on October 21, 1985. He says he is usually home when it is dark (around 7 p.m.) and is studying for his classes. He is 18‑years‑old, a junior in high school who gets A's and B's in his classes. He testifies he has been in the beauty shop twice. The first time he asked about the price of a haircut and if the lady had time to cut his hair. He was told the cost and informed she didn't have time to cut his hair. He returned a few weeks later but she didn't have time then either. He denies burglarizing the beauty shop.

CLOSING ARGUMENTS

The judge tells the jury the lawyers will present closing arguments. The Prosecutor goes first and then is given a second chance to speak after the defense has given her closing argument. The judge explains the Prosecutor is given the final word in arguments since he bears the burden of proof. He points out that both sides are given the same amount of time to speak even though the prosecutor speaks twice.

PROSECUTOR: The States Attorney goes through the facts presented by the testimony and exhibits. He identifies the evidence that he believes shows the defendant was in the building without

permission. He emphasizes the defendant is not being railroaded by the police or the witnesses from the crime lab.

DEFENSE: The