Criminal Justice

Through this three-part lesson, students will learn that criminal justice is not solely about imprisonment. Working in groups, students will activate prior knowledge to form definitions for categories of justice, examine corrective justice to identify the goals and types of punishment, and learn about restorative justice and problem-solving courts.

Corresponding Student Center Pages

Your Day in Court – The Punishment Phase

Suggested Time Needed

2 – 3 class periods

• Materials
• Objectives & Standards
• Procedure

• Student Handouts

  • A – Concepts of Justice
  • B – Focus on Criminal Justice (double-sided)
  • C – “Problem-Solving Court Fact Sheet” (double-sided) – one copy per pair of students
  • D – “Drug Court Fact Sheet” (double-sided) – one copy per pair of students

• After completing this activity, students will:

  • Be able to form their own definitions of the categories of justice.
  • Evaluate the goals of punishment for criminals.
  • Compare and contrast common criminal punishments.
  • Gain a deeper understanding of the application and benefits of restorative justice in the court system.

   

  Guiding Questions

  • What is justice?
  • What are some different types of justice?
  • What are the types of punishments for those found guilty of a crime?
  • What is/are the ultimate goal(s) of punishment?
  • Who benefits from restorative justice?
  • What is a problem-solving court?

   

  Missouri Grade Level and Course Level Expectations

  6-8

  • 6-8.AH.1.CC.E – Analyze the causes and consequences of a specific problem, as well as the challenges and opportunities faced by those trying to solve the problem.
  • 6-8.WH.1.CC.E – Analyze the causes and consequences of a specific problem, as well as the challenges and opportunities faced by those trying to solve the problem.
  • 6-8.AH.3.GS.F – Describe the origins and purposes of the Bill of Rights and evaluate the enduring significance of these concepts to the preservation of individual rights and liberties.

  9-12

  • 9-12.AH.1.CC.E – Analyze the causes and consequences of a specific problem, as well as the challenges and opportunities faced by those trying to solve the problem.
  • 9-12.AH.1.GS.B – Predict the consequences which can occur when individuals fail to carry out their personal responsibilities.
  • 9-12.AH.1.GS.C – Predict the consequences which can occur when institutions fail to meet the needs of individuals and groups.

   

  • 9-12.WH.1.CC.E – Analyze the causes and consequences of a specific problem, as well as the challenges and opportunities faced by those trying to solve the problem.
  • 9-12.WH.1.GS.B – Predict the consequences which can occur when individuals fail to carry out their personal responsibilities
  • 9-12.WH.1.GS.C – Predict the consequences which can occur when institutions fail to meet the needs of individuals and groups.

   

  • 9-12.GV.1.CC.E – Analyze the causes and consequences of a specific problem, as well as the challenges and opportunities faced by those trying to solve the problem.
  • 9-12.GV.1.GS.A – Analyze laws, policies, and processes to determine how governmental systems affect individuals and groups in society.
  • 9-12.GV.1.GS.B – Distinguish the powers and responsibilities of citizens and institutions to address and solve problems.
  • 9-12.GV.3.GS.E – Explain how the Bill of Rights and subsequent amendments limit the power of government, protect individual liberty, and provide for equality under the law.
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  • Part 1 - Concepts of Justice

    Ask students to think about the use of the word “justice,” and if they can list any examples of when the word is used (i.e., in the Pledge of Allegiance).

    Introduce several quotations about justice. Below are examples, though you may be familiar with others as well.

    • • Quote 1: It is in justice that the ordering of society is centered. Aristotle.
      • Quote 2: The administration of justice is the firmest pillar of government. George Washington.
      • Quote 3: In matters of truth and justice, there is no difference between large and small problems, for issues concerning the treatment of people are all the same. Albert Einstein.
      • Quote 4: Injustice anywhere is a threat to justice everywhere.   Martin Luther King, Jr.

    Allow students to look up the definition of justice, or post the dictionary definition:

    Justice.  Noun.

    1) Fairness, 2) Moral rightness, 3) A scheme or system of law in which every person receives his/her/its due from the system, including both rights and punishments.

    Distribute A – “Concepts of Justice” and ask students to summarize the meaning of the word Justice in the top box.

    Direct their attention to the left-hand column, to the words Distribute, Procedure, and Correct. Ask them to write what they think each word means in the appropriate box.

    Then allow students to look up the definitions of the three words, or post the dictionary definitions for their use. Tell them to correct and/or complete their summaries in each box.

    Distribute: Verb. To give shares of something, to deal out.

    Procedure: Noun. An established or official way of doing something.

    Correct: Adjective. Free from error.  Verb.  To put right or fix an error.

    Explain that now they are to combine these to determine the meaning of 3 traditionally accepted types of justice and write their thoughts in the boxes on the right-hand side. Allow time for them to write something in all 3 boxes.

    Distributive Justice: Benefits and burdens in society are distributed fairly and shared equally. Everyone gets their fair share.

    Procedural Justice: The process for solving disputes and making decisions is fair for everyone. Everyone gets treated fairly and equally by the system.

    Corrective Justice: If one person commits an injustice, another person (or society) therefore suffers an injustice. Corrective justice involves making this situation equal again by somehow righting the wrong.

    Conclusion, part 1: Summarize and check for understanding. Explain that the next activity will take a closer look at Corrective Justice, with a focus on the criminal justice system.

  • Part 2 - Corrective Justice

    Review the concept of Corrective Justice, which is concerned with righting wrongs.

    Lead students in a discussion covering the following points:

    • Someone commits a crime – what needs to happen to correct that wrong?
    • Is justice served by simply administering punishment? Does punishment alone make the situation equal again, or right the wrong?  Ask students to begin considering their own opinions.
    • After the accused person has received due process, a fair trial, and other constitutional rights, and is determined to be guilty of the crime, legal action follows.
    • This legal action has 4 main purposes:

    Retribution – What do you think this means? – Administer punishment and revenge.

    Incapacitation – What do you think this means?(Protect the community by making it impossible for the offender to continue committing the crime)

    Deterrence – What do you think this means? (Deter or discourage the offender from committing the crime again AND deter or discourage others from attempting similar crimes)

    Rehabilitation – What do you think this means? (Helping the offender to change their attitudes and behaviors so they will no longer commit the crime, but rather will contribute as a positive member of society)

    • Think about The Bill of Rights – The 8^th Amendment says that any action taken must not be cruel or unusual.
    • Think about the national budget. Any action taken should be a wise use of taxpayer dollars.
    • Return to the fact that we’re talking about justice and its meaning and application. Any action taken should be just and fair.

    Distribute B – “Focus on Criminal Justice” and explain that it lists some of the most common forms of legal action resulting from crimes. Point out that the purposes and other considerations you discussed are listed at the bottom.

    Divide the class into 10 groups and assign each group one topic. They are to meet with their group, discuss the topic, answer the questions on the reverse side of the worksheet, and prepare to report back to the class.  Allow groups to work for 15 minutes.

    At the end of 15 minutes, instruct students to return to the front of their worksheet. One at a time, call on groups to report on their topic.  The rest of the class should write down the main points in the chart.

    When this is complete, instruct students to go back through and identify which are purely punishment, and which go beyond punishment to focus on the needs of the victims, offenders, and the community.

    Conclusion, part 2: Summarize and end with these thought questions: What might be the consequences or results of a system that only administers punishment when trying to attain justice?  What are some unintended consequences of punishment?  Is true justice attained by punishing only? 

  • Part 3 - Restorative Justice

    Begin by posing the thought questions from the previous activity. What might be the consequences or results of a system that only administers punishment when trying to attain justice?  What are some unintended consequences of punishment?  Is true justice attained by punishing only? Example answers:

    • over-crowded or full prisons
    • high recidivism rate (recidivism = habitual relapse into crime)
    • families are left behind to fend for themselves
    • one-sided system that does nothing for the human beings involved

    Review the idea from the previous activity that our criminal justice system includes other types of legal action in response to crime, in addition to punishment.

    Introduce the term Restorative Justice. Restoration literally means putting things back as they were.  In application, Restorative Justice focuses on the needs of victims, offenders, and the community.

    Ask students to write down a few ideas about the following problem. Allow 5 minutes.

    • Consider this – If you were to offer advice to President of the United States for a plan to have the country crime-free by the year 2050, what would it include?
    • Now remember that the country does not have unlimited funds, so putting every offender in prison for life is not a viable option. You are going to need a method that stops people from committing crimes.
    • Why do people commit crimes? Why do they commit crimes again after being released from prison?

    Ask for responses and discuss the various suggestions and ideas for pros and cons.

    Explain that law enforcement and the court system at both the federal and state levels have introduced valuable partnerships, generally called Problem-Solving Courts. These “courts” are intense programs designed to either offer an alternative to imprisonment or assist with successful re-entry following release from prison.

    Each problem-solving court usually deals with only one kind of offense or offender. Among the most common is some type of Drug Court.  Drug Courts vary from court to court, but all assist offenders to break their substance addiction, in hopes of preventing them from re-offending.

    Each student will work with a partner to complete the following activity. Once they have selected their partner, give one student C – “Problem Solving Court Fact Sheet.”  Give the other student D – “Drug Court Fact Sheet.”

    They are to read their fact sheet individually and prepare a list of (at least 3) main points to use to explain it to their partner. Allow 10 minutes for students to read and prepare a list of main points.

    Allow 5 minutes for the first student of each pair to explain problem solving courts to their partner. The partner should ask at least one question.

    Allow 5 minutes for the second student of each pair to explain drug courts to their partner. The partner should ask at least one question.

    Conclusion, part 3: Use volunteers to summarize and check for understanding.

     

    OPTIONAL EXTENSIONS:

    Instruct students to explore the section about punishment on the Judicial Learning Center’s website at https://judiciallearningcenter.org/your-day-in-court/ and follow the links to learn more about the United States Sentencing Guidelines.

    Learn more about Drug Courts at http://www.nadcp.org/learn/all-rise. Watch videos and public service announcements.

    Research another type of problem-solving court aside from drug court. Examples include DWI court, youth court, mental health court, veteran court, gang court, family court, fathering court, community court, etc.

    Propose a problem-solving court for your school. What types of offenses would it target?  Would it emphasize prevention, alternative to other punishments, or working with offenders after they’ve already been punished?  Write out a plan to propose to the school, with your expected results.

    Instruct students to learn more about U.S. Probation Officers and their role in the administration of justice. Start at the Judicial Learning Center’s webpage on The Players in the Courtroom: https://judiciallearningcenter.org/the-players-in-the-courtroom/ and follow the link found under “U.S. Pretrial Services and Probation.”

     

    Review the Guiding Questions

    • What is justice?
    • What are some different types of justice?
    • What are the types of punishments for those found guilty of a crime?
    • What is/are the ultimate goal(s) of punishment?
    • How is restorative justice different from the other types?
    • Who benefits from restorative justice?
    • What is a problem-solving court?