Abstract
In this lesson students will engage in a case study based on an actual Supreme Court case to develop an understanding of the concept of due process.

Targeted Audience: Grades 4-5

Time to Complete: 40-50 minutes.

Benchmark Addressed: Civics 2 [Politics]
Students will understand that the principle of due process means that the government must follow its own rules when taking actions against a citizen.

Materials Needed:

• Class copies of Handout 1

Procedures

1. Ask the students if they have ever been involved in, or witnessed, a case when someone was treated unfairly. Ask volunteers to share their stories.

2. Write or project the following excerpt from the 5th Amendment on the board or screen:

Amendment 5
"No person shall be...deprived of life liberty, or property, without due process of law…"

Explain to the students that the 5th Amendment to the Constitution guarantees due process. Due process means that the government must act fairly by following its own rules when taking actions against a citizen. Before proceeding, ask the students to define the term due process.

3. Explain to the students that you are going to pass out a piece of paper that contains a reading. The reading describes a case in which a man claims that he was treated unfairly. Tell them that, while they are reading the case, you want them to decide whether they agree with the man and be able to explain why or why not.

4. Optional: Place the students in groups of three (i.e. triads). Ask one student to play the role of a judge, a second student to argue that the man was treated unfairly, and the third student to argue that the man was treated fairly. Tell the judge that his or her job is to decide whether the man was treated fairly or unfairly.

5. Distribute copies of Handout 1. Ask the students to read the case (or do a read aloud).

6. Invite the judges to share their decisions and the reasons for them. Allow the rest of the class to explain their opinions.

Debriefing Questions

• What does the term due process mean?
  
• Do you think that the police act fairly or unfairly when they questioned Mr. Doe without explaining his rights to him? Explain why.
  
• Should John Doe be released from jail? Explain why.
• The Supreme Court ruled that John Doe (Ernesto Miranda) was treated unfairly. As a result of the ruling the police now have to read the following rights to those who are accused of a crime:
  • You have the right to remain silent
  • Anything you say can and will be used against you
    
  • You have a right to talk to a lawyer before being questioned and to have a lawyer present when you are being questioned
    
  • If you cannot afford a lawyer, one will be provided for you before any questioning if you so desire.
• When the Supreme Court declares that an accused person who has been treated unfairly and has been convicted, he or she may not be released from prison but is entitled to a new trial.

Extension
Present another case (unfamiliar context) involving questions of unfair treatment to the students and ask them to apply the principle of due process to the case.

Note to the Teacher
This case is based on the Miranda v. Arizona (1966). The "facts" have been rewritten to exclude facts that may be inappropriate for students (e.g. Miranda was accused of kidnapping and rape) and in consideration of the reading level of the students.

Source
Hall, Kermit L., editor (1992). The Oxford Companion to the Supreme Court of the United States. Oxford University Press. New York.

HANDOUT