Essential QuestionsHow can the law impact our lives today?How do court decisions impact our lives today?What are the constitutional principles behind the Justice System?What can you do to make changes within the Justice System? Law & OrderWarm-upLets say you are accused of plagiarizing a paper. The punishment for this is a zero on the paper and a suspension. Does the student have any due process rights before they are suspended? Explain.
DiscussionCan their parent come talk to the school?Can a student be suspended without being notified of what they have done? Why not?Can the student request a hearing?Is there some sort of appeal option? Governments (including schools) take actions that deprive people of life, liberty, and property.Some form of due process is required by the Constitution.
Due Process for ChildrenJuvenile Court: Starts in 1903, rehabilitate, put on parole, not regular court, no appealsIn re Gault (Gault v. US) - 1967Do children have due process rights? What due process rights do students have?Notice of chargesLawyerConfront witnessesWhat due process rights do students have in schools?We must consider: The seriousness of disciplinary action on student The risk of making an error The cost to the school in terms of time and effort
Can a student appeal to the board of education?For getting a detention for play-fighting during class.
Being accused of stealing $3,000 in school property.
For having their cell phone taken (given back later) for being out in the middle of class.Due Process for Students at SchoolRead and answer the questions in the different casesDue Process at school: Goss v Lopez (1975)
Nixon extends Vietnam war into Cambodia
Kent State Shootings (1970)
Rights of students that are subject to suspension (established by the precedent Goss v. Lopez): RIGHTS:Oral or written notice of the chargesAn explanation of the evidenceAn opportunity for students to present their side of the story
The court did not give students a right to a lawyer, right to call or cross-examine witnesses, or a right to a hearing before an impartial person.ReflectionSchools are run by humans and humans make mistakes. Are the procedural due process rights provided by Goss v. Lopez sufficient to safeguard student rights? Are more rights needed? Do students have too many rights under Goss?
Explain in a few paragraphs. HW: Study for your multiple choice/short answer/thematic essay test!Review all handouts from past two weeks.Know Goss v. Lopez, Miranda, Escobedo, Gault, Gideon cases.Know 5th, 6th, and 14th amendments.Know the due process procedures for those accused of crimes.Know all vocab. (for example, habeas corpus)14