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© Education Development Center, Inc. 2012

FOUNDATIONS IN CRIMINAL JUSTICEUNIT 6: ENGAGING YOUTH IN THE LAW: CURRENT ISSUES IN CRIMINAL JUSTICE

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Handout2:InnovationintheCriminalJusticeSystem

Innovation:The creation and use of a new idea, method, process, custom, or device.

The Young Foundation . . . argues that [criminal justice systems] need to become much more adept at

designing, rapidly testing and then scaling new innovations in everything from helping former offenders

into jobs to effectively supervising people on community sentences. In order to do this, it must embrace

innovation as a necessity, not simply as a desirable add-on.

Other sectors such as health and education have done this . . . And yet the criminal justice sector lags

behind. In part, its low innovation culture is . . . to do with the fact that often it is too busy fire-fighting.

The sector is dealing with one crisis after another—each one fuelled by prison overcrowding, misaligned

sectoral incentives and a lack of support for tough and effective community-based interventions.

What, then, can be done to promote innovation, and make the [criminal justice system] embrace it in a

way which improves both public safety and the way people view the system?

—The Young Foundation

In general, it is human nature to shout about new ideas that have succeeded—while failure is discussed

in hushed whispers, if at all. In truth, we know that it is impossible to have trial without error. No one

is perfect. Nearly every criminal justice agency has attempted projects that have fizzled or failed to

meet expectations. If we want to encourage criminal justice officials to test new ideas and challenge

conventional wisdom, we need to create a climate where failure is openly discussed. We need to learn

from our failures (and partial successes), examining whether an initiative works for some groups but not

for others and figuring out what was wrong with the underlying assumptions that led us to try such an

approach.

—Center for Court Innovation

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Handout3:TheCriminalJusticeProcess

In the United States of America . . .

No person shall . . . be deprived of life, liberty, or property, without due

process of law. (Fifth Amendment to the U.S. Constitution)

The criminal justice process is guided by the U.S. Constitution and the Bill of Rights, state constitutions

and codes, federal and state rules of criminal procedure, and other similar rules. While the criminal

justice process was designed to balance the rights of both victims and those accused of crimes, the

process is not immutable. Politics, power, interest groups, and new policies can affect if or how justice is

achieved through every step of the criminal justice process.

Professionals who help this process function effectively may work in law enforcement, law and trial

advocacy, the courts, or corrections (which includes the various methods used by society to deal with

convicted offenders, such as incarceration, rehabilitation, parole, and probation). Because the criminal

justice system comprises professionals who exercise power, authority, and decision-making, there are

ethical rules and standards that guide their conduct.

The steps described below represent the basic criminal justice process. Read about each step and respond

to the questions at the end.

Step1:ACrimeIsCommitted

Law enforcement officers observe criminal activity or are notified of criminal activity by an alleged victim

and/or a witness or witnesses. Sometimes a suspect is apprehended at the scene of the crime, but other

times further investigation is needed before a suspect can be arrested and taken into custody.

Step2:TheCrimeIsInvestigated

Law enforcement officers investigate the crime by collecting physical evidence, interviewing witnesses,

and/or interrogating suspects. The Fourth Amendment protects the rights of persons against

unreasonable searches and seizures.

Step3:AnArrestIsMade

Law enforcement officers arrest the suspect(s) and take him or her (or them) into custody.

Arrest is the process by which law enforcement officers take a suspect into custody. The Fourth

Amendment to the Constitution requires police to have probable cause (sufficient reason to believe that

a person has committed a crime) before arresting a suspect. To arrest a suspect in a home or an office,

police need to obtain an arrest warrant from a magistrate or judge that is supported by probable cause.

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To arrest a suspect on the street, police do not generally need to obtain a warrant, but they still need to

have probable cause. The Fifth Amendment provides the right of the suspect to remain silent while in

police custody.

Step4:ChargesAreBrought

After an arrest, law enforcement agencies present information about the case to the prosecutor (the

government attorney who decides whether formal charges will be filed in court). The charges include

specific statements of the crimes the suspect is accused of committing.

Step5:TheSuspectMakesanInitialAppearanceBeforeaJudge

The initial appearance is sometimes called a preliminary hearing or bail hearing.

A suspect charged with a crime must be brought before a judge without unnecessary delay. The judge

informs the suspect of the charges and determines whether there is probable cause for the suspect to

be detained. Typically, a defense attorney (a lawyer who represents those accused of a crime) is assigned

at the initial appearance. If the suspect cannot afford legal counsel, the suspect is assigned a public

defender (a lawyer who is paid by the state to provide criminal legal services to the poor).

At the initial appearance, the judge usually decides whether the suspect can be released until the trial

date, or whether the suspect needs to provide bail (a monetary payment to the court that is returned

when the suspect appears for trial).

Everyone charged with a criminal offence shall be presumed innocent until proved guilty. The burden of

proof rests with the prosecution.

Step6:AGrandJuryMayBeImpaneled

A grand jury is a group of people selected to decide whether criminal cases involving felonies should go

to trial. The grand jury reviews the evidence presented by the prosecutor. If a majority of the grand jury

members believe there is enough evidence to go to trial, they submit an indictment (a written statement

of the key facts of the case).

For less serious felonies and misdemeanors, there is generally no need for a grand jury to indict. Instead,

the prosecutor presents the judge with an information (a formal written statement outlining the case).

Step7:AnArraignmentIsHeld

After an indictment or information has been filed with the court, the court schedules an arraignment

(a special court proceeding in which the judge informs the accused of the charges and of his or her

constitutional rights). At the arraignment, the accused responds by pleading either guilty or not guilty to

the charges.

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Step8:TheAttorneysConductPleaNegotiations

At various stages in the criminal justice process, the prosecutor and defense attorney engage in plea

bargaining, a negotiation in which the government offers to drop some or all of the charges against the

defendant (the person accused of the crime) in exchange for the defendant pleading guilty to a lesser

charge and/or helping the government build a criminal case against others.

Before a court accepts a guilty plea, the judge must hold a plea colloquy, a formal conversation in which

the defendant acknowledges that he or she is waiving (giving up) the right to a trial by jury and other

constitutional rights.

Step9:TheCaseGoestoTrial

The Sixth Amendment to the U.S. Constitution protects an individual’s right to a speedy and public trial

by an impartial jury. A trial is an examination of the facts of a case in a court of law. Trials may take

place in criminal or civil courts and may be heard by a judge and jury (called a jury trial) or a judge

alone (called a bench trial). During the trial, the government has to prove the defendant’s guilt beyond

a reasonable doubt. In order to issue a guilty verdict, the jury must believe that each element in the

criminal charges has been proven by the prosecution.

Step10:AVerdictIsRendered

A verdict is a decision made by a jury or judge after a trial as to whether a suspect is guilty or not guilty of

criminal charges. After the trial, the jury meets in secret to discuss the case and decide whether to convict

(find the defendant guilty) or acquit (find the defendant not guilty). In criminal cases, juries usually have

12 members. In most states, the jury must vote unanimously to render a verdict. If the jurors do not all

agree, the result is called a hung jury, which results in a mistrial (a trial that is not considered valid).

Step11:ASentenceIsDetermined

If the jury issues a verdict of guilty, the next step for the court is to determine the defendant’s sentence,

or punishment. The process during which this decision is made is called sentencing. In most states the

judge chooses the sentence, but in some situations the decision is made by the jury.

Sentencing options include the following:

• Fines: Money paid to the government

• Restitution: Money paid to the victim (for example, to pay for medical costs, repair damaged

property, or replace stolen property)

• Incarceration:Confinement in jail or prison

• Probation: Release to the community, but under special conditions

A majority of U.S. states and the federal government also allow for the death penalty (a sentence of

execution) for certain crimes, such as first-degree murder, when special circumstances exist. (The death

penalty is also called capital punishment.)

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Step12:TheDefendantMayAppealtheSentence

Appeal is the process through which a defendant who has been found guilty can request a higher court

to review the lower court’s decision. A defendant who is found guilty can appeal the conviction (the act

or process of finding a person guilty of a crime, usually in court) in a court of appeals. If the defendant is

found not guilty, the prosecutor cannot appeal the decision because this would place the defendant in

double jeopardy (being tried twice for the same offense), which is not allowed by the Constitution. Some

grounds for appeal in a criminal case include legal error, juror misconduct, and ineffective assistance of

counsel.

Step13:CorrectionsAdministerstheSentence

Once the defendant is convicted by the jury at trial (or pleads guilty to the charges—often in exchange

for a reduced sentence), it is the role of corrections to administer the sentence issued by the courts.

Step14:ThePrisonerMayBeGivenParole

Under parole, a person convicted of a crime who is serving time in prison may be released before serving

the full sentence as long as the person complies with special conditions. Requests for parole are reviewed

by a parole board.

Questions1. At what points in this process would it be important for criminal justice professionals, lawyers,

judges, and others in the legal profession to know how a crime is defined and codified in state or

federal laws? Why?

2. Which steps help preserve the rights afforded to those accused or found guilty of a crime? Why is this

important?

3. What aspects of the criminal justice process might be handled differently if the accused criminal were

a juvenile rather than an adult?

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Handout4:TheBillofRights

Members of the Constitutional Convention signed the U.S. Constitution in September 1787, after

months of debate. The Constitution was eventually ratified, and the new federal government came into

existence in 1789. The Constitution includes a Preamble, several original articles, and amendments. The

Articles of the Constitution explain how the three branches of government work, how the federal and

state government work together, and how the Constitution can be amended. The first 10 amendments

are collectively known as the Bill of Rights.

PreambletotheU.S.Constitution“We the people of the United States, in Order to form a more perfect Union, establish Justice, insure

domestic Tranquility, provide for the common defence [sic], promote the general Welfare, and secure

the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the

United States of America.”

TheBillofRightsAmendmentI

“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise

thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to

assemble, and to petition the Government for a redress of grievances.”

AmendmentII

“A well regulated Militia, being necessary to the security of a free State, the right of the people to keep

and bear Arms, shall not be infringed.”

AmendmentIII

“No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in

time of war, but in a manner to be prescribed by law.”

AmendmentIV

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable

searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause,

supported by Oath or affirmation, and particularly describing the place to be searched, and the persons

or things to be seized.”

AmendmentV

“No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment

or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when

in actual service in time of War or public danger; nor shall any person be subject for the same offence

to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness

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against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private

property be taken for public use, without just compensation.”

AmendmentVI

“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.”

AmendmentVII

“In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by

jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the

United States, than according to the rules of the common law.”

AmendmentVIII

“Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments

inflicted.”

AmendmentIX

“The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage

others retained by the people.”

AmendmentX

“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States,

are reserved to the States respectively, or to the people.”

Source: The National Archives, The Charter of Freedom: The Bill of Rights.

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Handout5:Unit6Overview

How can innovative approaches to problem-solving help us improve the U.S. criminal justice

system and better address 21st century issues?

In the first five units of the Foundations in Criminal Justice course, you learned about the

components and processes of the criminal justice system—how and why criminal laws are

created; how the legal system responds to, prevents, and investigates crime; the purpose and

steps of criminal trials; the components of the correctional system; and the functions of the

juvenile justice system. You also critically examined issues and problems in the criminal justice

system that touch on matters of power, equity, and fairness. In this final unit, you will build

on the knowledge and skills you have gained throughout this course, and identify one current

problem of interest to investigate further. You will conduct independent research, develop an

innovative action plan, get input from community stakeholders, and present at or submit your

action plan to a youth summit—a forum for young people to organize, network, and share

concerns, ideas, and solutions.

Your work in this unit will be based on the following framing questions:

• Who is responsible for assessing and responding to issues or problems in the criminal

justice system?

• How can a focus on social justice influence strategies for improving the criminal

justice system?

• What skills help youth and professionals develop innovative solutions to address

problems in the criminal justice system?

Understandings• Policymakers, practitioners, advocacy groups, and individuals all have a role in developing and

enacting reforms that make the criminal justice system more effective and just.

• A focus on social justice can influence the design of policies and programs by addressing both

causes and consequences of problems in the criminal justice system.

• Youth and professionals can develop innovative solutions to criminal justice problems

by conducting thorough research, listening to community members, and designing and

implementing action plans that can ultimately affect the system.

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Unit6ProjectAfter reflecting on the successful and failed policies and programs you have explored in this course, you

will identify one problem to investigate further. You will conduct research either individually or with

a small team. Working as a thought leader, problem-solver, and innovator, you will develop an action

plan for addressing the problem and improving the U.S. criminal justice system. You and your class will

determine whether to conduct a local youth summit; submit your action plans to an existing online, state,

national, or international youth summit; or do both. You will aim to reach a varied audience of youth,

policymakers, professionals, and others who can effect change.

InThisUnitYouWill...Understandproblemsinthecriminaljusticesystem.Explore successful and failed laws, policies, and

programs. Reflect on problems in the criminal justice system based on previous units.

Gainadeeperunderstandingaboutonecriminaljusticeproblembyengaginginindependentresearch.

Identify and conduct research on a problem in the criminal justice system, applying a range of research

skills and tools. Use research findings to guide your creation of an action plan that will address the

problem.

Understandhowinnovativesolutionsaredesignedtoaddressproblems.Learn how some organizations

are striving to develop innovations within the criminal justice system. Use this information to inform your

action plan.

Recognizetheroleofyouthsummitsinpromotingchange.Explore how youth summits around the

world play a role in promoting and enacting change to achieve greater justice and equity.

CareerPortfolioYou will create or complete the following items to keep in your Career Portfolio:

• Research Analysis and Synthesis

• Action Plan

VocabularyUsedinThisUnitInnovation: A new idea, method, process, custom, or device.

Summit: A conference or meeting of high-level leaders, usually called to shape a program of action.

Synthesize: To combine different ideas or elements into one unified idea or element.

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Unit6JournalAssignments

Respond to the journal questions as assigned.

Journal1Describe a situation in life where you considered lessons learned from a challenging experience in order

to problem-solve a solution. What was that experience like?

Journal2How do you think that the research skills you learned and applied in this unit will help you succeed in

college and in your career?

Journal3Given the role you played as a problem-solver, thought leader, and innovator in this unit, what advice

would you give to other youth who are considering working in the legal and criminal justice systems?

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Handout6:SampleProblemTree

Problemstatement:The prevalence of obesity in the United States continues to increase.

Questions to consider when writing a problem statement:

1. What is the nature of the problem?

2. When and/or where does the problem occur?

3. What is the extent of the problem?

Obesityin the UnitedStates

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sedentary lifesty

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Handout7:Unit6ProjectDescription

Does understanding the law give people the power to change it? How does knowledge translate into

action? How do we learn from successes and failures? How can we create and implement innovative

solutions to problems in the criminal justice system?

After reflecting on the successful and failed policies and programs you have explored in this course, you

will identify one problem to investigate further. You will conduct research either individually or with

a small team. Working as a thought leader, problem-solver, and innovator, you will develop an action

plan for addressing the problem and improving the U.S. criminal justice system. You and your class will

determine whether to conduct a local youth summit; submit your action plans to an existing online, state,

national, or international youth summit; or do both. You will aim to reach a varied audience of youth,

policymakers, professionals, and others who can effect change.

Step1:Exploreproblemsinthecriminaljusticesystem.Examine problems in the various components of the criminal justice system by reviewing documents, images,

data, and quotations from previous units. Consider what’s working well in the criminal justice system.

Step2:Identifyandresearchoneproblem.Choose one problem in the criminal justice system that you would like to investigate further and address.

Create a problem tree by identifying the causes and effects of your chosen problem. Research laws,

policies, programs, court cases, and data, and develop and implement a survey in your community.

Step3:Developanactionplantoaddresstheproblem.Analyze and synthesize your research and use your findings to develop an action plan to address your

chosen problem. Learn about different types of innovative solutions.

Step4:Getinvolvedinayouthsummit.You, your classmates, and your teacher will determine whether you will conduct a local youth summit or

submit an application to a state, national, or international youth summit—or do both. If you decide to

conduct a local youth summit, you will develop a presentation to share your action plan.

Step5:Reflectonyourwork.Reflect on your work in this unit by responding to the following questions:

• In what ways did this unit advance your understanding of the criminal justice system?

• Did your initial thoughts about the problem you identified change as you conducted research? If

so, how?

• What was your experience like when developing and/or sharing your action plan? For example,

were you empowered or challenged?

• What did you learn from hearing about your classmates’ action plans? What one thing will you

take away from that process?

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Handout8:Unit6AssessmentChecklist

Use this checklist to note the criteria on which you will be assessed during the unit. Refer to Part C:

Hypothesis and Part D: Bureau of Justice Assistance Recommendations to help you plan and assess your

project. Make sure that you include all the requirements. Your teacher will use this checklist to help

evaluate your work.

RequirementsPercentageofTotalGrade Comments

B.Journals %

Responses answer all components of the question

asked. %

Responses are complete, with no missing entries. %

Responses illustrate concepts and ideas addressed

in class or in readings. %

Total %

A.ClassDiscussions

andParticipation%

Student demonstrates a willingness to share his

or her own thinking with others. %

Student listens to and considers the ideas of

others. %

Student’s attendance, completion of assignments,

and engagement with class activities demonstrate

a commitment to achieving class goals.%

Total %

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C.ProblemTree %

Problem tree is complete. %

Problem tree illustrates a range of possible causes

and effects of the problem. %

Total %


D.AnalysisandSynthesisofResearchFindings %

Illustrates how laws, policies, programs, and/or

court cases influence or affect the problem. %

Describes how research data illustrate or shed

light on the problem. %

Includes results of surveys. %

Makes connections between the three main areas

of research: (1) laws, policies, programs, and

court cases, (2) data, and (3) community voices. %

Total %

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E.ActionPlan %

Action plan includes the following:

• A description of the problem, proposed

solution, and type of innovation %

• A description of the role of community

involvement %

• A description of the role of criminal justice

professionals %

• An argument for why the innovative solution

will improve the criminal justice system %

• An explanation of how the innovation might

affect convicted offenders, communities, and

professionals%

Total %


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Handout9:TeamworkGuidelines

1. Teammembersunderstandwhytheyareworkingtogetherandwhattheyneedfromoneanothertobesuccessful.

2. Teammembersmeetregularlytoworktogether.

3. Teammembersunderstandtheirresponsibilitiesinaccomplishingtheirgoal.

4. Teammembersareawareofusingspecificstrategiesforsuccessfullyworkingingroups.

5. Teammemberstaketimetoreflectonhowwelltheyarefunctioningasateam.

Source: An Overview of Cooperative Learning, Roger T. Johnson and David W. Johnson, 2001.

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Handout10:EyeontheLaw

The law is all around you. You can see it in the news,

on the street, at the store, in school. Anywhere you

look, you can find examples of the United States legal

system at work. Throughout this course, you will be

asked to keep your eyes open and look for snapshots

of law in everyday life.

Some examples might include:

• A news story about crime in your

neighborhood

• A new handicap-accessible ramp being

installed at a local store

• A dispute between neighbors in which

the police are called

• A traffic ticket issued to a friend or relative

• An important case before the U.S.

Supreme Court

• A protest in your neighborhood about

a local or national issue

The more you look, the more you will see. You will

start to notice the law in places you may never have

expected it!

Be on the lookout for instances of the media covering

an issue related to the law. Describe how the issue,

problem, or case was portrayed by the media.

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Handout11:GuidelinesforDevelopingSurveys

Surveys are often used when conducting research. They are a good tool for information-gathering; the

perceptions and opinions of a sample of people are a good indication of what the larger population is

thinking and feeling about a given topic. Before developing a survey, there are two basic questions to

consider:

• Whataretheobjectivesofyoursurvey? For example, is the purpose of your survey to

understand what the public knows about the research topic or to understand what their

experiences have been related to the topic?

• Whattypeofinformationdoyouwanttocollect? For example, you might want to include

demographic data, such as what year your respondents were born or their ethnic background;

you might ask for their descriptions of experiences they’ve had; or you might use a rating scale to

assess their perceptions of how the topic is presented in the media.

TipsforEffectiveSurveyQuestions

An important goal when developing a survey is to construct clear, unbiased, and direct questions.

Be brief. Ask questions that are succinct and easy to understand, and avoid jargon. Do not use

abbreviations.

Beobjective. Avoid leading or biased questions. Avoid loaded questions or assumptions.

Bespecific. Ask precise questions that are not too general.

Befocused. Make sure that every question you ask is relevant to the goal of the research.

Avoiddouble-barreling. Make sure that your question does not include two questions embedded in one.

For example:

• Do you agree that crime has decreased in the past five years, and what do you think has

contributed to that change?

Instead, ask:

• In your opinion, has crime decreased or increased in the past five years?

• What factors do you think contribute to changes in crime rates?

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TypesofQuestions

• Open-endedquestions are those that allow respondents to answer in their own words and seek

to determine what is on the person’s mind. For example:

What do think should be the goal of punishment in the criminal justice system?

Note that analyzing this type of question requires more time.

• Closed-endedquestions are those with pre-designed answers, usually with a small set of

potential choices, or simply Yes or No. For example:

1. Do you believe that the death penalty should be abolished in the United States?

Yes / No

2. How many times a week do you watch crime-related television shows?

___ Once ___ Twice ___ More than three times

• Rankedquestions involve choices listed according to level of specification. They can be used

when you need respondents to indicate what items are most important or least important to

them. For example:

Rehabilitation of criminals is more important than punishment.

___ Strongly agree ___ Agree ___ Neutral ___ Disagree ___ Strongly disagree

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Handout12:Foundations in Criminal Justice:Laws,Policies,andCourtCases

As you conduct research on the problem you identified, you will need to explore legal content related to

your problem. The table lists some of the laws, policies, and court cases you learned about in this course.

You will need to identify what is relevant to your chosen problem and research other possible legal

content. You will also need to identify and research programs that relate to your problem.

Unit1:ThereOughttoBeaLaw!DefiningCrimeandJustice

• Virginia Racial Integrity Act of 1924

• Volstead Act (1919)

• Senate Bill 1070 (Arizona statute, 2010)

• California Penal Code § 646.9 —Stalking

• California Penal Code § 653(m)—Harassment

• California Penal Code § 422 —Crime Threats

• Chicago v. Morales (U.S. Supreme Court,

1999)

• Gang Congregation Ordinance (Chicago

ordinance, 1992)

• United States v. Stevens (U.S. Supreme

Court, 2010)

Unit2:ResponsestoCrime

• Comprehensive Drug Abuse Prevention and

Control Act (U.S. federal law, 1970)

• Racketeer-Influenced and Corrupt

Organization Act (U.S. federal law, 1970)

• Anti-Drug Abuse Act (U.S. federal law, 1988)

• Drug Anti-Proliferation Act (U.S. federal law,

2003)

• Federal Combat Methamphetamine

Epidemic Act (U.S. federal law, 2005)

• Canons of Police Ethics, Article 10 (1957),

International Association of Chiefs of Police

• Ethics Toolkit, International Association of

Chiefs of Police and the U.S. Department

of Justice Office of Community-Oriented

Policing Services

• Fair Sentencing Act of 2010 (U.S. federal

law)

• Miranda v. Arizona (U.S. Supreme Court,

1966)

• Illinois v. Perkins (U.S. Supreme Court, 1990)

• Berghuis v. Thompkins (U.S. Supreme Court,

2010)

• Battle and Pujara v. City of New York (U.S.

District Court, settled in 2011)

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Unit3:PresumedInnocent:JuryTrialsandthePursuitofJustice

• Amendments: Fourth, Fifth, Sixth, Eighth,

and Fourteenth

• California Penal Code § 211—Robbery

• California Penal Code § 212—Fear During

Robbery

• 18 U.S. Code § 1348—Securities and

Commodities Fraud

• 18 U.S. Code § 1341—Frauds and Swindles

• Gideon v. Wainwright (U.S. Supreme Court,

1963)

• People v. James Ochoa (California, 2005)

• State v. Henderson (New Jersey, 2011)

• Padilla v. Kentucky (U.S. Supreme Court,

2010)

Unit4:YouthJustice:ExploringtheJuvenileJusticeSystem

• Standard Juvenile Court Act (1925)

• Juvenile Justice and Delinquency Prevention

Act (U.S. federal law,1974)

• Assembly Bill 129 (California, 2005)

• Guidelines for the Prevention of Juvenile

Delinquency (United Nations General

Assembly, 1990)

• Kent v. United States (U.S. Supreme Court,

1966)

• In re Gault (U.S. Supreme Court, 1967)

• In re Winship (U.S. Supreme Court, 1970)

• McKeiver v. Pennsylvania (U.S. Supreme

Court, 1971)

• Thompson v. Oklahoma (U.S. Supreme

Court, 1988)

• Stanford v. Kentucky (U.S. Supreme Court,

1989)

• Roper v. Simmons (U.S. Supreme Court,

2005)

• Graham v. Florida (U.S. Supreme Court,

2009)

Unit5:PunishmentandRehabilitationintheCriminalJusticeSystem

• Convention on the Rights of the Child

(United Nations General Assembly, 1989)

• Anti-Drug Abuse Act (U.S. federal law, 1986)

• Fair Sentencing Act (U.S. federal law, 2010)

• Standard Minimum Rules for the Treatment

of Prisoners (United Nations Economic and

Social Council, 1977)

• Voting Rights Act of 1965

• Ex-Offender Improvements in Transition Act

(H.R. 3053, 2009)

• Riker v. Gibbons (U.S. District Court District

of Nevada, 2008)

• Article 53: Inmate/Parolee Appeals 54100.4

(California Department of Corrections and

Rehabilitation Department Operations

Manual)

• Sentencing Reform Act (Comprehensive

Crime Control Act, 1984)

• Ewing v. California (U.S. Supreme Court,

2003)

• Lockyer v. Andrade (U.S. Supreme Court,

2003)

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Han

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13:

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____

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Handout14:ResearchAnalysisandSynthesis

A.ResearchAnalysis

Refer to the problem you identified and the problem tree you created, and reflect on the causes and

consequences you defined.

• Review the information and resources you gathered, the completed surveys you collected, and

the notes you took during the research process.

• Select the most relevant pieces or sources of information (at least 3 items per each research area).

Analyze your research findings by responding to the following questions:

1. Howhavelawsorpolicies,programs,andcourtcasesinformedoraffectedtheproblemyou

identified? Create a table like the one here to organize your thoughts.

2. Howisthedatayougatheredrelevanttoyourproblem? Create a table like the one here to organize

your thoughts.

3. Whatknowledgeorperspectivesdomembersofyourcommunitybringtoyourunderstandingof

theproblem? Create a table like the one here to organize your thoughts.

Exampleoflaw,

program,orcourtcase

Diditcontributeto

causesoftheproblem?

Explain.

Isitaneffector

consequenceofthe

problem?Explain.

OtherComments

Exampleofdataor

researchstudy

Howdoesthedata

explainorillustratethe

problem?

Doesthedata

illustratetheeffectsor

consequences?How?

OtherComments

Nameand/orposition

ofsurveyrespondent

Howdothey

understandordescribe

theproblem?

Howdotheyseethe

problemaffectingtheir

community?Explain.

OtherComments

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PartB:GuidelinesforSynthesis

Synthesis commonly refers to engaging with information and combining and inferring relationships

and connections between sources. You synthesize information on a daily basis. When you talk to friends

about a movie you saw and discuss how it compares to another movie, and if it fits into a particularly

genre (type of movie), you are synthesizing information.

Synthesizing your research findings will help you make connections and identify trends, patterns, or

contradictions. Why is this important? Your research findings should illustrate evidence of the criminal

justice problem you identified and provide multiple perspectives on its causes and consequences. Your

research analysis and synthesis will give you a deeper understanding of your problem and help to inform

the action plan you propose to address the problem.

Review your research findings, all the relevant resources you gathered, and your results to Part A.

Make connections among the sources by comparing and contrasting the information. Use the following

guidelines to develop at least 3 summary statements.

Demonstrate how two or more sources agree with one another.

Examples:

• Many of the sources concur that the problem is valid and is caused by . . .

• Author 1, like Author 2, argues that the effects of the problem are . . .

• The interviewees’ responses and the court cases illustrate the unintended consequences of . . .

Demonstrate how two or more sources build on the idea of another.

Examples:

• While the law was created to prevent crime, data shows that the enforcement of the law has

caused harm to individuals and the community by . . .

• The court cases illustrate how ordinary people can challenge or address the problem, and many

interviewees feel empowered to make changes . . .

• Not only do many interviewees agree that the problem needs to be addressed, several suggest

that it is more prevalent in disadvantaged communities because . . .

Demonstrate how two or more sources contradict each other.

Examples:

• While the program attempts to address the problem, research indicates that it has had negative

effects on juveniles . . .

• While news media portrays the problem in a certain way, the majority of interviewees expressed

a different perception . . .

• While data shows that the problem has worsened in the past few decades, laws and policies have

not changed . . .

Respondtothefollowingquestion:How does your research analysis and synthesis affect your point of view about the problem?

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Han

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1 2 3 4

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Handout16:SocialJusticeandCriminalJustice

Howissocial justicedefined?

The existence of the following conditions within any socially contructed system—full and equal

participation of all groups, equity for all groups, and safety and security for all groups.

—Matthew Robinson, Assessing Criminal Justice Practice Using Social Justice Theory,

March 20, 2010, Springer Science+Business Media, LLC

. . . work that we do in the interest of securing human rights, an equitable distribution of resources, a

healthy planet, democracy, and a space for the human spirit to thrive . . ..

—Innosanto Nagara, co-founder of DesignAction Collective,

Defining “social justice”—What is social justice?, Reach and Teach

. . . concerned with equal justice, not just in the courts, but in all aspects of society. This concept demands

that people have equal rights and opportunities; everyone, from the poorest person on the margins of

society to the wealthiest deserves an even playing field.

—WiseGeek.com

Howiscriminaljusticeconsistentwithsocialjustice?

Law LawEnforcement Courts Corrections

Bill of rights

Due process

Equal protection

Citizen protection

Consider social solutions

instead of

criminalizing

behavior

Code of conduct

Ethical guidelines

Community policing in

crime prevention

Peace preserver

Restorative justice

Low incarceration rates

Due process

Adversarial system

Fair sentencing

guidelines

Landmark court cases

and decisions against

unjust laws

Inmate classification

Education programs

for inmates

Limited solitary

confinement

Health and social

program for the

incarcerated

Support for re-entry

into society

Howiscriminaljusticenotconsistentwithsocialjustice?

Here are some examples:

• Biased laws

• Over-criminalization

• Racial profiling

• Unequal access to defense

• Unequal application of punishment

Source: Professor Matthew Robinson, Professor, Government and Justice Studies, Appalachian State University. Assessing Criminal Justice Practice Using Social Justice Theory. (2010)

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Handout17:DevelopingInnovativeSolutionstoProblemsintheCriminalJusticeSystem

Part1:Innovation

As you design an action plan or an innovative solution to address your chosen criminal justice problem,

use this handout as a guideline.

Remember:Everyone has the capacity to be innovative and to come up with creative and new ways to

address a problem.

Whatdoesitmeantodevelopaninnovation?Innovationisnotalwaysanewproduct,service,orprocess.An innovative idea may be to eliminate or

change a law, or it might be a new way of thinking about an issue.

Innovationisnotjustaboutcomingupwithideas. It’s also about their application, figuring out how to

integrate new ideas into other systems and processes.

Innovationisaprocess. It involves people, resources, and systems, and it is something that can be

implemented, managed, and encouraged. It should also involve multiple perspectives and stakeholders.

Innovationsarenotautomaticallygood. Some innovations have resulted in negative effects. Be sure to

consider possible unintended outcomes.

Whatarethetypesofinnovation?There are different types of innovations, and each may require different kinds of support, or they

may need to be implemented by a number of professionals at various levels of the system. Types of

innovations (Windrum, 2008) include the following:

• Services innovation—a new or improved service

• Service delivery innovation—a new or different way of providing a service

• Administrative or organizational innovation—a new or improved process (such as changing the

intake procedures in the juvenile justice system)

• Conceptual innovation—a new way of looking at problems, challenging current assumptions, or

both

• Policy innovation—a change to law or policy

• Systemic innovation—a new or improved way for parts of the public sector to operate and

interact with stakeholders

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Whataresomepossiblebroaderoutcomesofinnovativereformsincriminaljustice?Outcomes might include policy changes, changes in people’s beliefs and expectations, setting a global

trend, fiscal responsibility, changes in attitudes and ethics of criminal justice professionals nationwide,

and providing effective models for other sectors of the legal and criminal justice system.

—Adapted from the Australian Government, Department of Industry and Innovation

Part2:RequirementsfortheInnovativeActionPlan

SectionA:Developaninnovativeactionplanthatincludesthefollowingcomponents:

• A description of the problem

• Evidence about the problem based on your research

• Your proposed strategy to address the problem

• The goals or aim of your action plan

• What type of innovation it is

• How you will involve or engage the community

• The role to be played by criminal justice professionals who can contribute to the innovation

SectionB:Respondtothefollowingquestions:

• Why do you think your innovation will improve the criminal justice system?

• How will your innovative action plan affect the following?

Communities

Convicted offenders

Public safety

Criminal justice professionals

FirstSteps

What might be a first step toward implementing your plan? Can it be something as simple as writing a

tweet or a blog? Sending a letter to the local, state, or national government? Uploading your proposed

action plan on a social networking Web site? Creating a petition on an online advocacy platform? It’s up

to you!

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Handout18:GivingandReceivingFeedback

HowdoIgiveeffectivefeedback?1. I begin by determining what kind of feedback the recipient would find most helpful. I then focus my

comments on those areas.

2. I acknowledge what the recipient has done successfully before making suggestions.

For example, “I notice that you considered what teenagers will think of the new menu. Maybe you

should also take into account what other kinds of customers will think.”

3. I give feedback that is specific and descriptive without being judgmental.

For example, “I think you are considering most of the relevant facts, except for how many people live

in each location.”

4. I make detailed and positive suggestions for improvement.

For example, “You cover a lot of important information in this presentation—and I wonder if your

listeners will be able to take it all in. You might consider an interactive activity, such as a debate or a

role play, about halfway through, which gives your listeners a chance to use a different part of their

brains.”

5. I stress that my feedback is based on my own perceptions by using such phrases as, “I think . . . ,” “In

my opinion . . . ,” and “I notice . . .”

6. I do not argue with the recipient or attempt to guess what the recipient is thinking.

HowdoIreceivethemosthelpfulfeedback?1. I often ask for feedback on my work.

2. I specify the areas in which I would like feedback.

3. I listen carefully to people’s comments. If I am uncertain what a person means, I ask for clarification.

4. I take notes in order to reflect on the feedback later.

5. I show respect by listening carefully and thanking people for their feedback.

6. I accept all feedback offered gracefully, without defending or explaining myself.

7. I evaluate the feedback I receive by considering the level of knowledge of the person giving the

feedback.

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Handout19:YouthSummitsAroundtheWorld

A number of youth summits take place in the United States and around the world. Some even occur

strictly online. You can take part in an already existing youth summit by completing an application and

submitting your action plan to the organizers. Some youth summits request that you create a short video

about your topic. You, your teacher, and your class will decide if you will participate in a state, national,

or international youth summit. Here are some organizations that host or sponsor youth summits. Your

teacher may also tell you about some other options.

AmericanBarAssociationNationalYouthSummit

This interdisciplinary Web-based program encourages youth to learn about and critically evaluate a

timely, law-related topic. Past topics have included environmental law, immigration, capital punishment,

youth Internet access, and the First and Second Amendments.

JaneGoodallGlobalYouthSummit

The mission of the Jane Goodall Global Youth Summit is to create a cadre of engaged, active youth

leaders dedicated to making positive changes happen in their communities and in the world.

ConstitutionalRightsFoundationYouthSummit

This Summit provides an opportunity for students to explore and discuss public policy issues as

participants in our democratic society.

UnitedNationsGlobalDebates

At this summit, young people exchange ideas with other youth from around the world, learn how they

can make a difference on global issues, and activate their peers and communities to take action.

GlobalChangemakersYouthSummit

The mission of this program is to empower youth to catalyze positive social change. It has expanded since

its inception and is now built on three pillars: Learning, Doing, and Advocacy. Youth summits are held in

various locations around the world.

CommunityMattersYouthSummit

Based in California, this organization helps schools and districts conduct youth summits focused on

youth empowerment. Summit activities include identifying problems and formulating strategies around

violence prevention.

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Handout20:TipsforMultimediaPresentations

Once you know your audience and your content, you need to consider the format of your presentation

and how you will deliver it. For your multimedia presentation to be effective, you need to combine visual

media—such as a slide show, an online presentation, a video, or a poster—with succinct text or talking

points. You’ll then build on your talking points during your oral presentation.

Here are some additional tips:

1. Knowyouraudience. Having a sense of the backgrounds and the diversity of your audience will help

you determine how much detail you need to present and how specific you need to be. Do not expect

everyone in your audience to be an expert on your topic, but don’t patronize them, either. Consider

how you want them to think and feel and what you want them to learn and do by the end of your

presentation.

2. Keepthecontentofyourvisualpresentationsimple. The text and images should be a visual support

for your talk; they should help to convey the essence, rather than the details, of what you’re saying.

Use bullet points instead of paragraphs, and avoid long sentences. Choose your words judiciously,

and highlight your key points. Clearly label your graphs, charts, or tables, and edit or proofread all of

your text.

3. Keepthedesignofyourvisualpresentationsimple. Choose a design that is appropriate for your

audience. Use a consistent font, and make it large enough to be legible once projected. Do not

create a background that is so busy or colorful it will distract the audience. Keep the color scheme

consistent and visually appealing.

4. Bewareoftoomuchanimationoroveruseofvisuals. Use animations, photos, and other images

carefully and thoughtfully, as they can be distracting and easy to overuse. Use animation to convey

information or an experience, rather than to make the presentation splashy. You can also animate

bullets or text to control information flow or convey meaning.

Note: Be sure that your visuals appear as you want them to and that your animation runs

properly on the computer you’ll be using.

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Handout21:EffectiveOralPresentations

The following techniques can help you successfully prepare an oral presentation and deliver it to an

audience.

1. Practice and time your presentation. The more you practice, the more focused you’ll be, and less

likely to go off on tangents.

2. Know what you are talking about. If you don’t know what you are saying, the fanciest presentations

won’t save you. Know your content thoroughly.

3. Care about what you are saying, and reveal your passion and enthusiasm. Nothing will bore your

audience more than a presenter who doesn’t care if the audience is listening.

4. Speak clearly and audibly. Make sure that everyone in your audience can hear and understand you.

5. Avoid reading from your presentation, and make eye contact with your audience.

6. Watch your time. Make sure that your presentation fills the amount of time you have available.

7. Make your point and be concise. Use talking points to sum up what you want your audience to take

away from your presentation.

8. Respect yourself. Show pride in your appearance, your understanding of the topic, and your ability to

make an impact on the people to whom you are speaking. What you say matters.

9. Respect your audience. Address them as individuals who can also make a difference.

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Handout22:End-of-CourseReflections

As you examine the contents of your Career Portfolio, consider how your work illustrates the knowledge

and skills you gained and applied throughout the course. Make sure to review the following items:

journal entries, unit projects, reflections, and career-related documents.

PartA

Identify and write reflectively about the following:

• One piece of work that you believe had a significant influence or impact on your thinking about

or perceptions of the criminal justice system

• One piece of work that gave you a sense of empowerment to play a role in the legal and criminal

justice systems, as a youth now and as a professional later in life

PartB

You learned and applied a number of skills in this course within the following categories:

• Critical thinking

• Problem solving

• Reading

• Writing

• Research

• Speaking and presenting

• Teamwork

Review the skills self-assessments you completed at the beginning of the course and consider your

personal growth as a student. In what ways do you feel more confident about the skills you developed?

How will these skills prepare you for further academic and career-related goals?

1

STUDENT RESEARCH TOOLKIT



StudentResearchToolkitThe research process requires that you gather or retrieve information from various sources, such as

books, news publications, legal journals, and Web sites. As you identify relevant resources for your topic,

you need to analyze and interpret them. You will find it useful to keep a collection of research tools and

strategies that will help you conduct research on any subject. This Toolkit includes just a few research

tools. You are encouraged to add other materials you find useful to your Toolkit.

• EvaluatingtheCredibilityofWebSites

• AnalyzingQuantitativeandQualitativeData

• EvaluatingPrimaryandSecondaryNewsSources

• AnalyzingLegalResources

2




EvaluatingtheCredibilityofWebSites

When you are doing Internet research, you can find an almost overwhelming amount of information! To

help sort through it all, you’ll have to ask yourself, “Is this information likely to be reliable? Can I trust

this source?” A good starting point is to figure out who posted the information and why.

AUTHOR: Remember that there are no rules about who can create or post content on the Internet. Your

first job is to figure out who wrote the information you have found and to decide if that person or

institution is reliable.

Who created this Web site? What kind of Web site is this? Can you tell from the URL if it is a

government agency, university, organization, or business site, or a personal one?

Who is the author of the piece of information I am considering? Is the author’s name provided?

If not, is the information written by a staff person or representative of the government agency,

university, organization, or business running the site?

Is this person an expert? If a particular author is listed, what is that person’s job title? Can you

find a link to biographical information that might tell you about the person’s education or

experience? If the information is written by an unnamed staff person, is the government agency,

university, organization, or business the person represents credible?

PURPOSE:Think of all the reasons that people put content on the Internet: to share information, to

entertain, to persuade, to voice an opinion, or to get you to buy something. Figuring out the purpose of

a Web site can help you decide if you should trust the source.

What is the purpose of this Web site? Is there an “About” or “About Us” section that explains

the purpose of the organization, business, or agency? If you cannot find this section, can you tell

the purpose of the site from its content? What point of view does it represent?

Who is the intended audience? Is this Web site designed to inform the public? Other people who

share the same viewpoint? Experts in the field?

Are there any reasons the author might be biased? Do you see any evidence of potential bias?

Is the information fact or opinion? Is the style or tone overly emotional? Does the author make

claims that seem unrealistic? Does the Web site include primary or secondary sources?* Does the

author clearly document the sources that he or she has used with footnotes, a bibliography, or a

list of references?

When was the article written? Is the information recent? Is it outdated?

BEWARE: Sites that have nodate, noauthorlisted, nocontactinformation, or misspellings are often not

reliable sources of information. Use your judgment. If a Web site does not look credible, it probably isn’t!

* Primary sources: Original artifacts from the past, such as letters, diaries, newspapers, magazines, photographs, films, music, and paintings

Secondary sources: Descriptions of historical times, places, or events written at a later point in time

Tertiary sources: Books, articles, or Web sites that are produced using secondary sources; these sources often summarize information for easier reading and offer simple or general information rather than in-depth information

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AnalyzingQualitativeandQuantitativeData

Use the questions below to examine graphs, tables, or other types of quantitative data. Examine the

information on each graph with a critical eye by questioning its purpose, intent, design or structure,

source, and display of content. For each graph you examine, try to find other data or research studies

that offer supporting or contradictory information.

1. How is the graph structured or organized? What information do you find on the x-axis? On the

y-axis? What scale or measurement does the graph use?

2. What specific information does the graph provide?

3. What conclusions might you draw from the graph? What specific evidence leads you to draw

these conclusions?

4. What is the source of the graph? Is the source credible? Why do you think so? Who do you think

is the intended audience for the graph?

5. What other information might be helpful to know before you draw any conclusions?

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EvaluatingPrimaryandSecondaryNewsSources

These questions can help you decide how credible (believable) your research source is. Consider

these questions as you examine primary and secondary sources, such as news articles, journal articles,

multimedia resources, or textbooks.

At first glance . . .

• What is the date and title of the resource?

• Is this resource a primary or secondary source?

• Where does this resource come from? Who published it?

Look more carefully . . .

• Who is the author of this resource?

• Why is the author writing this piece? What is this author’s point of view?

• Is the information presented fact, opinion, or propaganda? Is it biased or objective? Think about

the opposing viewpoint.

Consider what you found and what you need . . .

• How credible is this resource? Why do you think so?

• What kinds of information can you learn from this resource?

• What questions does this resource raise in your mind?

• What additional information do you need? Does the resource include references that you can use

to obtain additional resources on the topic?

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AnalyzingLegalResources

Use this handout as a guide for analyzing legal documents. First, decide which kind of document you

have, and choose the corresponding set of analysis questions below. Then read and analyze your assigned

document.

AnalyzingLaws,Policies,andOtherLegalorConstitutionalDocuments

1. When was this legislation or amendment created? Why do you think it was created at that time?

2. Who do you think was responsible for putting the law or amendment in place?

3. Can you think of anyone who might have disagreed with this law or amendment? Why?

4. What effect do you think this legislation would have on ordinary people or society? Why?

AnalyzingCaseBriefsandOtherCourtCaseDocuments

1. Who was involved in this case?

2. What issues were decided in the court case? What was the disposition?

3. Why do you think this case is important in U.S. history? Does this case represent a landmark case?

If so, why?

4. What effect do you think this decision might have on ordinary people? On society? On the legal

system? Why?