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Published by the Kansas Bar Foundation Editor: Gayle B. Larkin, Attorney at Law, Lawrence Coordinators: Ron Keefover, Kansas Supreme Court and Jan Kuckelman, Kansas Bar Foundation | |
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February 2001 | |
Greetings from the Kansas Supreme Court and the Kansas Bar Association. This month we are focusing the newsletter on Juvenile Justice. If there are any law-related topics that you would like to see included in a future edition of Law Wise, please feel free to contact Gayle B. Larkin, Editor.
- Calendar of Events
- The Nuts and Bolts of Juvenile Justice
- Kansas Schools to Participate in Mock Trial Competition
- Rights and Responsibilities Booklets Now Available in Spanish
- Foundation Funds Mini-Grants for Conflict Resolution Programs in Schools
- ABA Images of Freedom Competition Accepting Entries
- Law Matters
- Resources at the Law-Related Education Inventory
- LESSON PLAN #1: Evaluating Crimes
- LESSON PLAN #2: Your Own Classroom Court
- LESSON PLAN #3: Justice
- Terrific Technology for Teachers
- Court of Appeals Welcomes You
2001 February 6-7 . . . . Court of Appeals in Session
Calendar of Events

February 15 . . . . Images of Freedom Photography Contest Entries Due
March 5-8 . . . . Supreme Court in Session
March 13-14 . . . . Court of Appeals in Session
April 10-11 . . . . Court of Appeals in Session
April 16-19 . . . . Supreme Court in Session
May 1 . . . . Law Day
May 10-13 . . . . National Mock Trial Championship
May 15-16 . . . . Court of Appeals in Session
May 29-June 1 . . . . Supreme Court in Session
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The Nuts and Bolts of Juvenile Justice CONTACT WITH LAW ENFORCEMENT OFFICER: After the juvenile has contact with a law enforcement officer, the juvenile can be released to a parent or taken to juvenile intake. If the juvenile is taken to juvenile intake the juvenile can be released to a parent or may be detained at a detention center. RELEASED TO PARENT: If the juvenile is released to a parent, the juvenile will have to follow "conditions of release." Conditions of release are rules that the juvenile is required to follow to be allowed to remain at home. DETENTION: If a juvenile is detained, a detention hearing will be held before a judge within 48 hours. At that time, the juvenile may be continued in detention or released to a parent on conditions of release. PREFILE DIVERSION PROGRAM: The Prefile Diversion Program is designed for first-time offenders. To participate, the juvenile must first complete an application form. The application is reviewed by a Prefile Diversion Program case manager who makes a recommendation to the county or district attorney’s office. The county or district attorney decides whether a juvenile will be accepted into the program. Whether a juvenile is accepted into the program typically turns on the juvenile’s willingness to participate in the program, the severity of the offense, and the prior record of the juvenile. If the juvenile is admitted into the program, the juvenile and his or her parent(s) will sign the Prefile Diversion Agreement. The terms and conditions of the Prefile Diversion Agreement may include writing a letter of apology, participating in the Victim-Offender Reconciliation Program, paying restitution, completing community service work hours, and attending counseling. If the juvenile successfully completes the terms and conditions of the Prefile Diversion program, he or she will never have to go to court, charges will never be filed, court costs and other fees will not be assessed, and the juvenile will not have a "record" as a juvenile offender. If the juvenile is not accepted into the program, the juvenile’s case will proceed to juvenile court. VICTIM-OFFENDER RECONCILIATION PROGRAM: The Victim-Offender Reconciliation Program (VORP) of Douglas County is an alternative to the criminal justice process that may be used as a component of the Prefile Diversion Program, a component of the Diversion Program offered and monitored by the county or district attorney’s office, or instead of the diversion programs. VORP invites offenders to take responsibility for their actions and to "make things right" by reconciling differences and restoring relations with victims. If a juvenile case is referred to VORP, the matter is assigned to community volunteers who are trained and certified mediators. The volunteers contact the victim and the offender, inviting them to participate in the program. Initially, the volunteers will meet separately with each party. If both parties agree, the volunteers plan and facilitate a meeting where the facts of the case are discussed, alternative options are negotiated and an agreement is signed. The program coordinator sends a copy of the agreement and a final report to court officials. FORMAL CHARGES: If the juvenile is not eligible for the Prefile Diversion Program, or failed to successfully complete the program, and the evidence is sufficient, the county or district attorney will file formal charges against the juvenile. The juvenile and his or her parent(s) will be summoned to appear in court for the first appearance. FIRST APPEARANCE: At the first appearance, the juvenile appears in court with his or her parent(s). At that time, the judge informs the juvenile and his or her parents of the nature of the charge(s), an attorney is appointed or retained, and a "trial setting, plea, or diversion hearing" is scheduled. TRIAL SETTING, PLEA, OR DIVERSION HEARING: At this hearing, the juvenile enters a plea. If the plea is not guilty, the matter is scheduled for a trial or "formal hearing." If the plea is nolo contendere or guilty, a pre-sentence investigation is ordered. A juvenile may make application for participation in the Diversion Program through the county or district attorney’s office after formal charges have been instituted. The Diversion Program is similar to the Prefile Diversion Program detailed above, however, the Diversion Program is monitored by the county or district attorney’s office. If the juvenile successfully completes the terms and conditions of the Diversion Agreement, the case is dismissed, and the juvenile is not adjudged guilty of the offense. FORMAL HEARING: A formal hearing is just like a trial: witnesses are called to testify, evidence is introduced, and a verdict is reached. In juvenile offender cases, the judge decides whether the county or district attorney has presented proof beyond a reasonable doubt that the juvenile committed the offense(s). If the juvenile is found guilty, a pre-sentence investigation is ordered. If the juvenile offender is found not guilty, the matter is dismissed. PRE-SENTENCE INVESTIGATION: The court services office (probation office) investigates the juvenile and makes a recommendation to the court regarding the sentencing of the juvenile. Some of the items investigated include: victim’s position, juvenile’s prior record, juvenile’s social history, and restitution. SENTENCING: At the sentencing, the juvenile has the opportunity to address the court regarding the offense and the sentence. Additionally, the juvenile’s attorney will make a statement in behalf of the juvenile. Also, the county or district attorney will make a statement regarding the impact of the offense on the victim and the community. Finally, the victim is also allowed to address the court regarding the offense and sentence. At the sentencing, the court may place the juvenile on probation, order the juvenile to participate in the community corrections program (intensive supervision probation), or remove the juvenile from his or her parent’s custody and order the juvenile into the custody of the Juvenile Justice Authority. The Juvenile Justice Authority may place the juvenile in a group home, in a detention facility, or in a youth correctional facility. JURISDICTION: The court has jurisdiction of a juvenile until the juvenile reaches the age of 23. Information for this article was provided by the Honorable Peggy C. Kittel, Judge Pro Tem for Douglas County, Kansas; Shelly J. Diehl and Bethany C. Daniels, Assistant District Attorneys for Douglas County, Kansas. Truancy: What can happen? Information for this article was provided by the Honorable Peggy C. Kittel, Judge Pro Tem for Douglas County, Kansas. Facts and Stats: In 1999, law enforcement agencies across the country made an estimated 2.5 million arrests of persons under the age of 18. (Source: http://ojjdp.ncjrs.org/) Juveniles were involved in 16% of all Violent Crime Index arrests and 32% of all Property Crime Index arrests in 1999. (Source: http://ojjdp.ncjrs.org/) |
Kansas Schools to Participate in Mock Trial Competition
Blue Valley High School
Blue Valley North High School
Blue Valley Northwest High School
Bonner Springs High School
Girard High School
Goodland High School
Hesston High School
Lawrence High School
Marysville High School
Olathe South High School
Oxford Middle School
St. Thomas Aquinas High School
Salina High School
Shawnee Mission East High School
Shawnee Mission North High School
Shawnee Mission Northwest High School
Shawnee Mission South High School
Shawnee Mission West High School
Several of the participating teams are new to mock trial competition this year. The Kansas Bar Association welcomes these new teams and wishes good luck to all of the participants!
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Rights and Responsibilities Booklets Now Available in Spanish The Kansas Bar Association has collaborated with the Kansas Advisory Committee on Hispanic Affairs to translate the On Your Own and For the Record rights and responsibilities booklets into Spanish. The Spanish versions of the booklets are now available for distribution. The On Your Own booklet targets high school students and explains legal issues that young people should be aware of as they prepare to leave school and enter the work force. Topics covered in the booklet include voting, renting and leasing, using credit wisely, consumer problems, and domestic relations. Over 16,000 booklets are distributed annually to educators and community contacts who agree to discuss the content directly with students. For the Record is similar to On Your Own but is directed at middle school students. Funding for the booklets is provided by a Kansas Bar Foundation IOLTA grant to the Kansas Bar Association. If you would like to receive copies of the booklets, contact the Kansas Bar Association at (785) 234-5696. | |
Foundation Funds Mini-Grants for Conflict Resolution Programs in Schools
The Kansas Bar Association recently awarded mini-grants to several Kansas schools for the implementation of conflict resolution programs. The grants were awarded to schools to implement peer mediation and youth court programs that reduce in-school conflicts between students by using students to mediate disputes or hear minor violations in youth court settings and decide on appropriate disciplines. Funding for the grants was made possible by a Kansas Bar Foundation IOLTA grant. Recipients of the mini-grants were Council Grove Middle School, Topeka Public Schools, Central Elementary School in Olathe, and Gardner-Edgerton High School.
ABA Images of Freedom Competition Accepting Entries
As part of the national Law Day program, the ABA has a photo competition for young people ages 12-18. Entitled "Images of Freedom," it enables young people to receive recognition for capturing striking visual images of our heritage of liberty under law. This is a great opportunity for Law Day planners to involve schools and kids in Law Day! Entries are being accepted now through February 15. To find out all about the competition, just access http://www.abanet.org/publiced/imagescontest/home.html
The ABA has a free newsletter that contains information on law related education. Law Matters, which reports on developments, ideas, programs, and resources in the field of public education about the law, is published three times each year (winter, summer, fall). For information on ordering, contact the ABA at (312) 988-5735 or abapubed@abanet.org.
1. Criminal Law Part I and II. This videocassette series, designed for high school students, details substantive and procedural criminal law. Library number 348.04/C887cpI and 348.04/C887cpII.
2. Doin’ Time. Juvenile delinquency is discussed in this film. Also, see what juvenile hall is actually like. This film was made for high school students. Library number 345.052/D684.
3. Plea Bargaining: A Game of Criminal Justice. This game is a simulation of the process of nonadjudicative convictions. Its purpose is to aid the non-lawyer in understanding how the criminal justice system works. This game is for high school students. Library number 345.072/K155p.
4. Burglary: A Mock Trial. Students will play the roles of accused, judge, court officials, etc., and act out a trial based on vandalism, break-ins, and a burglary at a local school. Designed for middle school and high school students. Library number 364.15/R117b.
5. Delinquency: A Mock Trial. This hypothetical criminal case of contributing to the delinquency of a minor is appropriate for high school students. Library number 364.36/R117d.
6. Juvenile Delinquency--Crime and Justice. This book contains eight units for social studies curriculum on minorities, poverty and welfare, crime and justice, youth culture, juvenile delinquency, law and the consumer, problems of cities, and alcohol and other drugs. It was written with high school students in mind. Library number 345.08/J988j.
Terrific Technology for Teachers
National Teen Courts of America:
http://www.angelfire.com/biz/nationalteencourts/
National Youth Court Center:
http://www.youthcourt.net/statelist.htm
Knox County, Illinois Teen Court:
http://library.thinkquest.org/2640/htmldocs/introduction/intro.html
Lesson Plan #1:
Evaluating Crimes
Grade Level: 9th - 12th
Overview: This activity is a good introduction on a unit of Criminal Law. Students will learn that a crime is something one does or fails to do in violation of a law; or it can also be behavior for which government sets a penalty. Decisions as to what constitutes a crime are made by legislatures. They try to protect the protect the public based on what most people believe is right and necessary for the orderly conduct of our society.
Purpose: The purpose of this activity is to make students aware there is no concrete consensus as to what is a crime, the seriousness of crimes, or variances of actions that change "noncriminal" behavior into "criminal" behavior.
Objectives: The students will be able to identify certain "criminal" behavior, identify certain "noncriminal" behavior, analyze actions as to degree of criminal behavior, and evaluate and rank certain actions as to "criminal"- "noncriminal" behavior.
Activities: After a short introduction that includes a broad definition of "crime," distribute handout sheet. Have students individually decide if the actions should be treated as a crime and give reasons why. Have student rank the offenses from most serious as number 1 to least serious as number 15. Divide class into 4-5 groups and repeat above-described activities as a group. Have a spokesperson from each group give rankings and reasons why. Record group rankings on the chalkboard. Have class as a whole vote on the rankings of the offenses.
Materials: Copy the following handout for each student:
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This lesson was created by Frances Troyer Glenn of Riverside High School, Boardman, Oregon.
Lesson Plan #2:
Your Own Classroom Court
Description: This activity is meant for teachers who would like to allow their students to have a more active role in setting classroom rules, in decision-making, and as a means of settling differences.
Grade Level: 9th - 12th
Goal: To allow students the opportunity to further their knowledge of the law and its legal proceedings. To experience "trial by a jury of your peers" in simple matters. To give each student a job in the courtroom and to vary these positions throughout the year.
Objectives: Student will be able to explain and identify the names of jobs available in a typical courtroom.
Procedure: In order for the classroom court to work, you, the teacher must keep in mind that you are the one who is responsible for the class. You must clearly decide how much weight you want the court to have. One way to help you decide is to talk to one of your fellow teachers or your principal. As a class, decide on appropriate sentences for guilty verdicts. Again, you must be the voice of reason. After you have agreed upon the sentences, post them in the classroom so that everyone can refer to them. Next you will need to define the offices of the court and the length of office. Some possibilities for jobs are: Judges, jury, bailiff, court reporter, defense attorney, prosecuting attorney, and substitutes. It is necessary to have substitutes to take the place of an officer who might be absent on court day. It might be a very good idea to present your courtroom to the parents in a letter or at open house. Ask for their input, maybe some of them could be good resource people. Try to present this as close to the beginning of a court session as possible. Keep your administration informed as to what you are doing. After you feel comfortable with the model ask them to sit in on a case. Hold nominations for positions. Decide on an appropriate number of names for each position. Draw up a very simple ballot and have a secret ballot. This might be a way a parent could help out in the classroom or you may wish to count them yourself. Stress that just because you weren’t picked this time you will have other chances throughout the year. Have a very simple "swearing-in" ceremony for all court officials. Set a particular day for holding court. Perhaps you might like it every Wednesday afternoon or every Friday morning. But do set a specific time as the students will begin to prepare their cases and need to know when to be ready with their information. You will probably like to go through a few mock trials first to give the class a taste of what is to come. After each court case evaluate students’ performance. The first couple of times you may wish to do this with the whole class as your listeners. If you are really energetic, you can give written feedback to each of the officers, after each case. Be sure that the court sentences agreed upon by the class are followed. Set a time limit when the sentences must be served. Your court report will have to document everything. This will be the main source of information regarding each case. The court records must remain in school. You may wish to lock them up so they are kept in a safe place. That way if someone is absent, you will still have the information necessary to proceed.
Tying it All Together: Ask the students how they feel the court is going. Try to do this at least once a month. Don’t be afraid to admit something isn’t working. The students may have some very creative ways to improve the proceedings. What do you as the teacher perceive to be the greatest component of the court? What is the greatest weakness? How will you work on maintaining the good while also working on trying to correct the weaknesses? Did you accomplish your goals? Was the experience fun? What would you change in the future? What might be some of your recommendations to others setting up their classroom courthouse?
This lesson plan was written by Rita Irene Esparza of St. Joseph, Sacramento, California.
Lesson Plan #3:
Justice
Grade Level: 7th - 12th
Overview: This lesson will allow students to experience brainstorming and open-ended questioning strategies and research to develop a better understanding of the justice system.
Purpose: To provide an opportunity for students to discuss both strengths and weaknesses of the court system in providing equal justice for all and to identify factors that cause these weaknesses and recommend solutions.
Objectives: As a result of this activity the students will investigate the criminal justice system, analyze the 7 Articles to the Constitution, and develop problem-solving and critical-thinking skills.
Resources/Materials Needed: Attitudinal Survey (at the end of the lesson plan), picture of the Supreme Court Building emphasizing motto "EQUAL JUSTICE FOR ALL," picture of symbol of justice (blindfolded woman holding balance scale), United States Constitution, Kansas Constitution, guest speakers (attorney, judge), and library.
Activities and Procedures: Students take attitudinal survey. Have the students write their opinions of what the motto, "Equal Justice for All" means. Show picture of symbol of justice. Ask: What is the meaning of the symbol? Why is the woman blindfolded? What does the scale stand for? Constitution Search: Point out "establish justice" as purpose outlined in preamble. Have students search the Constitution to find ways this purpose is carried out. (Use only the 7 Articles to the Constitution.) Invite a local trial court judge to discuss the organization of the court system. Invite an attorney to visit. Raise questions about appeal, time involved in litigation, and fairness of the system.
Tying It All Together: Students complete attitudinal survey and discuss. After the visit from a local trial court judge have students construct a diagram of the applicable federal and state courts for their jurisdiction. Debrief: Does the flow chart indicate an effort to provide "equal justice?" Ask for suggestions to improve the system. Encourage all students to share the results of this activity with their parents or guardians. Use this activity to introduce the first unit or lesson.
Attitudinal Survey
Instructions: For each of the following statements, have each student indicate whether they strongly agree, agree, are undecided, disagree, or strongly disagree with the statement.
1. In a court of law, the defendant is always treated justly.
2. Trial by jury should be abolished.
3. A person is always considered innocent until proven guilty.
4. The more money you have, the more likely you are to be proven innocent.
5. Everyone should be required to serve on a jury at least once in his life.
6. Courts are too lenient with criminals.
7. People who have low IQ’s should not be allowed to serve on juries
8. In the United States, every defendant who requests a jury trial is actually tried by his peers.
9. All judges should be elected by the people they serve.
10. People who do not agree with the outcome of their trial should only be allowed to appeal their case one time.
11. The news media should be allowed to cover all trials without restriction because the Constitution guarantees the right of freedom of the press.
12. Courts usually see that justice is served.
13. People charged with serious crimes should not be allowed out on bail.
14. Most trials should take place without a judge since his role is only to umpire the proceedings.
15. The judicial system in the United States is probably the best system which has ever been developed.
This lesson plan was created by Melanie McCool of Cushing High School, Cushing, Oklahoma.
Court of Appeals Welcomes You
The Kansas Court of Appeals, a ten-member, intermediate appellate court sits in three-judge panels throughout the state. Every month, hearings are conducted at four or five locations throughout the state. The Court of Appeals regularly sits in Wichita, Topeka, and Kansas City. Additionally, the court also sits at other locations throughout the state. The court is pleased to have students attend the hearings. In February, the court of Appeals will be in session on February 6 and 7, 2001, in Topeka, Lawrence (University of Kansas, School of Law), Wichita, and Saline. Then, on March 13 and 14, 2001, the court will be hearing oral arguments in Topeka and Wichita. During the remainder of the school year, the Court of Appeals will be in session on the following dates: April 10 and 11, 2001, and May 15 and 16, 2001.
The Kansas Supreme Court is the highest court in the state, and includes seven members. Students also are welcome at oral arguments before the Supreme Court. The high court holds its hearings only in Topeka. During this school year, the Supreme Court will be hearing oral arguments during the weeks beginning March 5, 2001, April 16, 2000, and May 29, 2001.
If you have any questions concerning the Kansas appellate courts, or if you would like to bring your class to either the Kansas Supreme Court or the Kansas Court of Appeals, please contact Ron Keefover, Education and Information Officer of the Office of Judicial Administration, 301 West 10th Avenue, Topeka, Kansas 66612-1507, (785) 296-4872. You can also contact Mr. Keefover via e-mail at keefover@kscourts.org.
Law Wise is published by the Kansas Bar Foundation during the school year. Published free, on request, for teachers or anyone interested in law-related education, it is edited by Gayle B. Larkin, Lawrence, (785) 865-3970. For further information about any projects or articles, contact Ron Keefover, Education and Information Officer of the Office of Judicial Administration, Topeka, (785) 296-4872, or Jan Kuckelman, Public Services Director of the Kansas Bar Association, Topeka (785) 234-5696. Law Wise is printed at the Kansas Bar Foundation, 1200 Southwest Harrison, P.O. Box 1037, Topeka, Kansas 66601-1037.