Statements, expressions of opinion or comments appearing herein are those of the editors or contributors, and not necessarily those of the Association or Committee.

The Illinois State Bar Association will conduct its annual High School Mock Trial Championship on Friday and Saturday, March 4 and 5, 2005 at the University of Illinois at Springfield.

The mock trial registration packets, with the mock trial problem for 2005, will be mailed to all schools indicating interest. All mock trial materials will also be posted on the ISBA's LRE Webpage, http://www.isba.org/Sections/lawrelateded.html Anticipated date for mailing and posting is November 22, 2005.

Teams are invited to participate in this educational challenge! The Illinois State Bar Association's annual High School Mock Trial Invitational began in 1982 and since that time has provided an opportunity for students to learn what is it like to prepare and present a legal case before the Illinois Courts.

Students who have participated in the mock trial program in the past say that they have benefited by learning how to work as a team, by developing oral presentation skills, the value of setting a goals and planning, learning how to think on your feet, and to face challenging obstacles with enthusiasm and confidence. Mock trials can be a distinctive way to learn about the legal process used to remedy disputes in Illinois.

The majority of the educational component of the mock trial experience is in the hands of the teachers, lawyers and judges who assist in preparing the teams for the mock trial experience. The mock trial presentations in Springfield are one component of this activity and are a means to "showcase" team achievement. The goals of the program are to provide an opportunity for students to learn, and to meet with others to show what has been learned.

Participants must conform to specific rules of practice and procedure that govern the Illinois State Bar Association High School Mock Trial Invitational. All teams must officially register using the ISBA Registration Packet (sent to those who indicate interest), pay a $75 non-refundable registration fee, and pay their own expenses for travel, housing and meals. Space is limited. Registrations will be limited to the first 60 teams that register. Schools may have as many teams as they like, but may only officially register one team in the ISBA program. Rules of the program mandate that any participant who officially registers must first participate in a regional or practice trial against an opposing team. These rules, and others, are more fully explained in the materials you will receive if you indicate interest in this program. Mock trial rules, teacher rubric form, a mock trial pretest, teacher training manual, and facts from previous years are all available at the ISBA LRE Website, http://www.isba.org/Sections/lawrelateded.html

The Illinois State Bar Association's Standing Committee on Law-Related Education for the Public administers this activity and each year produces the materials that will be used during the trials. Cases are based on hypothetical fact situations, or may be based on historical events.

_____________________________________________________

For additional information, without obligation to participate, please complete and return the form below to Donna Schechter:

Teacher Name __________________________________________________

School __________________________________________________________

Street Address __________________________________________________

City ____________________________________________________________

State _____________________________ Zip Code _______________

E-mail address __________________________________________________

There is always considerable interest in information on ways to address school violence. More often than not, communities are asking police forces to assume greater responsibility for helping school officials ensure student safety. As more police officers are placed in schools, police officials must address many questions on how best to enhance safety. New from the U.S. Department of Justice, is a publication titled, "Bullying in Schools." Published for use by police officers and agencies asked to work in the school setting to reduce school violence, this publication includes definitions, ways to address bullying, and suggestions for additional reading. For copies of this publication, visit www.cops.usdoj.gov/mime/open.pdf?Item=272. For additional information, call 800.421.6770.

If you know someone who is in need of a tutor, direct them for the Supplemental Education Services Quality (SESQ) Center and www.tutorsforkids.org. This is an online resource network of free tutoring services. Under the No Child Left Behind Act of 2001, supplemental educational services must be offered to low income students attending Title I schools that have been designated as needing improvement for two years or longer. This Website offers an overview of the Act's supplemental educational services provisions; links to online resources and a state-by-state list of supplemental educational service providers. If you need additional information, call 1.866.544.8686. If you want to skip this link, you can go directly to the Illinois information by visiting http://www.isbe.state.il.us/nclb/htmls/sesp.htm.

By Heather K. Brickman, Partner, and Stephanie E. Jones and Sara E. Groom, Associates. From the Law Firm of Hodges, Loizzi, Eisenhammer, Rodick and Kohn; Arlington Heights, IL

The word "terrorism" became commonplace in our headlines, at the watercooler, and at the dinner table on September 11, 2001. However, the concept of "terrorism" is not new to the school community. School boards, administrators, teachers and attorneys have been faced with differing degrees of terrorism for many years. We've faced Jonesboro- and Columbine-like shootings across the country as well as other student-on-student attacks. In fact, for years before school violence became a subject of public discourse, schools endured attacks on teachers by students and parents, and witnessed parents attacking each other at athletic events.

Now, in the post September 11th era, we face broader threats of terrorism. In the past, school crisis plans commonly addressed how to evacuate in case of a gas leak or a fire. Today, our schools must be prepared to address biological, chemical and radiological attacks. Our administrators must be prepared for car bombings, suicide attacks, and armed intruders.1 As school attorneys, we must be prepared to answer difficult questions regarding school district responsibilities and liabilities before, during and after a terrorist attack. We must be prepared to support our clients in order to ensure that they are prepared to act when any crisis occurs. This article explores the legal requirements and necessities of safety planning as well as the indirect legal implications.

Many school districts are required by either federal or state law to create safety plans/crisis management plans. The federal Safe and Drug Free Schools and Communities Act requires districts which receive funding under the Act to give assurances to the state that they have adopted crisis management plans. [CIT2 E]. Funding tends to be scarce for this endeavor at the state and federal level. States may or may not provide funding and many districts have exhausted their federal funding. However, the lack of funding does not negate the necessity of preparing for a crisis situation.

Schools prepare for crisises, including terrorist attacks, by creating School Emergency Planning Guides, School Safety Plans or Crisis Management Plans. No matter what the school may name its plan, it must create, implement, update and practice these safety measures to enable the school community in times of crisis to be able to act in a calm and organized manner rather than react chaotically or sporadically. Many schools have developed emergency plans for weather, bomb threats, intruders and school discipline incidents. However after September 11th, schools now are faced with new threats, including biological, chemical, and radiological attacks, explosions, suicide bombings and other related terrorist activities.

In May 2003, the U.S. Department of Education released the model document, Practical Information on Crisis Planning: A Guide for Schools and Communities.3 This guide was designed to help school administrators create and implement individualized school safety plans/crisis management plans. The Department of Education encourages districts to develop separate plans for each school building in their district. In doing so, the Department strongly suggests that each school district address safety planning in the following four phases: (I) Prevention/ Mitigation; (II) Preparedness; (III) Response; and (IV) Recovery.

During phase I, schools should conduct safety assessments of each school building. Such assessments should include a survey of school grounds and lighting to identify hazards to the school community, a review of past safety audits or plans, coordination of crisis plans with local businesses, emergency personnel and parents, a review of policies for all potential school visitors (including deliveries), and a review of traffic patterns to and from the school to ensure routes are secure and are able to be closed if needed. Some state boards of education have created safety assessment audit documents to guide school districts in conducting safety self-assessments.4

Next, in phase II, school administrators should secure site plans for each building and have them readily accessible for first responders. Site plans should include both floor plans of a building and elevations. Windows should be marked on the floor plan and on the elevations to correspond with each other. Every access to the building, including windows, doors, and ventilation shaft openings, should be clearly marked to allow first responders and swat teams access to intruders or trapped victims in the building as quickly as possible. All power and communication access points should be marked as well, including control panels, shut off valves and building access points for electric, water, gas, telephone and cable lines. The site plans should be developed in conjunction with local police, fire and emergency personnel to ensure all pertinent information is included. Final copies of the site plans should be maintained in the main office of every district building, in the homes of key administrators and in the local police and fire department offices. All staff should receive annual in-service training in the contents of the plan.

A chain of command must be developed. To avoid confusion in the event the top building administrator is unavailable or incapacitated, a second and third in command for each school building must be appointed in advance. Information regarding who is in charge must be disseminated to all staff before a crisis. Additionally, before a crisis, parent and media liaisons must be appointed. All staff must know who is allowed to speak with parents or the media, and they must understand that no one other than those appointed should make statements.

Schools must conduct drills to practice responding to different crisis situations. Codes may be developed to communicate via intercom with staff during a crisis. Alternate communication plans must be implemented to ensure effective communication if traditional forms of communication are destroyed. Administrators must ensure that safety equipment is regularly inspected. Finally, information regarding safety, evacuation and secondary contact information must be furnished to emergency personnel, community leaders and parents/guardians.

Once school administrators have completed phases I and II, they need to develop a response plan. Phase III should include developing a command center for responding to emergencies, drafting the plan with specific directions and checklists and disseminating the plan to appropriate people in the community. The chain of command in each school must know where the safety plan is located and how it is organized.

School administrators must develop multiple evacuations/evacuation routes and secure meeting places for every type of crisis. Many schools contact local churches, libraries, grocery stores, community centers or other facilities that may be able to accommodate a large number of students. Schools must not assume they have permission to evacuate to a certain facility, or that the chosen facility has sufficient occupancy, unless some sort of agreement is reached ahead of time, even if it is informal. A location for media, parents and administrators to gather must be identified. All evacuation and meeting locations should be in reasonable proximity to the respective school buildings, but at a safe distance from gunshots or chemical fumes emanating from the buildings. Finally, the plan must provide that no one is permitted on the scene of a crisis until law enforcement certifies that the scene is safe to the public. Once evacuated, students must not be allowed back on school grounds. The press must be kept off the premises at their designated location, and parents must be directed to the designated places to meet their children.

Schools should be prepared to contact parents and the public to disseminate information regarding a crisis. A safety plan must contain directions for connecting parents with their children once the threat or crisis is under control. Not only must the plan address how a school will inform parents of a crisis and where to find their children, but it must address how the school intends to verify that the person claiming to be a student's parent has the legal right to pick that child up from an evacuation point.

Finally, once a plan is developed and functional, school administrators need to prepare for the aftermath of an emergency. During recovery, school administrators should have a plan to return to the business of teaching and learning as soon as possible. School counselors, with the help of administrators, need to identify and approve teams of credentialed mental health workers to provide services to faculty and students.5 This may include contacting the local department of mental health or social services to have social workers and psychologists standing by in the event of a crisis. Advance agreements with local mental health agencies or private entities are advisable.

Another obstacle facing school officials is the legal implications districts must consider when developing crisis management plans, especially when creating anti-terrorism and other violence prevention policies. Districts must be mindful of current federal and state laws which may affect the legality of these documents. For example, in the areas of student discipline and the release of student records, districts must abide by their state statutes and federal legislation, such as the Gun Free Schools Act, Individuals with Disabilities Education Act, U.S.A. P.A.T.R.I.O.T Act and Family Educational Rights and Privacy Act. Districts also should be concerned with avoiding constitutional violations when dealing with general policies and procedures, student searches, privacy and discrimination and student discipline.

The federal Family Educational Rights and Privacy Act ("FERPA") prohibits the disclosure of student records. However, the Act allows non-consensual disclosure of educational records or personally identifiable, non-directory information from educational records to appropriate parties when it is necessary to protect the health or safety of the students or other individuals.6 The U.S. Department of Education has consistently limited this exception to specific situations of imminent danger or when there is an immediate need for information from a student's records in order to avert serious threats to the safety or health of the school community.7 Non-consensual disclosure of smallpox, anthrax or other terrorism-related attacks would be examples in which the safety and health exemption of FERPA would apply.8 However, under the safety and health exception, all disclosures must be narrowly tailored to the emergency and only disclosed to appropriate parties who can directly assist, such as law enforcement officials, public health officials and trained medical personnel.9 School administrators must remember that if they disclose such information, they must abide by FERPA's record-keeping requirements.10 Additionally, pursuant to FERPA, state and local officials may make non-consensual disclosures concerning the juvenile justice system and such system's ability to effectively serve, prior to adjudication, the student whose records are released.11 In order to do this, school administrators must secure, in writing, from the officials and/or authorities to whom such information is disclosed that it will not disclose such information to any other party except as provided under state law without the prior written consent of the parent.12 Many states have such reciprocal statutes that would allow disclosure of such information under FERPA. [ADD: also FERPA juvenile authorities disclosure exception—many states have reciprocal reporting laws authorizing such release].

Moreover, it is important to note that FERPA does not apply to situations where school personnel, based on their own observation, disclose to federal, state or local law enforcement a student's suspicious activity or behavior.13 For example, a teacher may be faced with a situation in which a student verbally threatens to perform a school shooting or bombing or simply starts acting with unusual aggression. The teacher's reports to federal, state or local law enforcement units are not subject to FERPA.

Additionally, in reviewing school safety or anti-terrorism policies, or in advising regarding the treatment of a student who may have made threats or acted suspiciously, attorneys must be mindful of a student's constitutional due process rights. All policies must be non-discriminatory as related to race, color, national origin and other protected classifications under federal and state statutes. School districts must be attentive to student groups within their schools who may be at risk for retaliatory actions by other students. For example, many schools were sensitive to reactionary behavior by students toward the Muslim and Arab student poplulations after recent national terrorist events.

Additionally, schools must work with their discipline policies to prevent student attacks. Using their discipline policies, schools can identify those students who are most likely to exhibit aggressive behavior or to attack other students. However, as with other policies, schools must not administer their discipline policies in an arbitrary or discriminatory manner.

Student search procedures and policies also must be constitutional. Although courts have held that school districts possess broad discretion to search students or their belongings, searches must not be arbitrary and are subject to federal and state laws. Administrators and school attorneys must be mindful of constitutional issues, but must balance these legal parameters with the public policy dictates of student safety.

Many states legislatures have begun addressing legal issues surrounding safety planning and terrorism as well. For example, Illinois recently passed legislation amending its Freedom of Information Act to exempt from mandatory disclosure any construction-related technical documents, vulnerability assessements, security measures, and response policies or plans from disclosure to the extent disclosure would compromise security or the effectiveness of safety measures.14 Other Illinois legislation exempts from open meeting requirements public body discussions regarding security procedures and the use of personnel and equipment to respond to an actual, a threatened, or a reasonably potential danger to the safety of employees, students, staff or public property.15 School boards should familiarize themselves with the applicable records and meetings exemptions applicable to safety and security matters in their states, and ensure their board policies are updated to comport with current law.

Finally, school administrations need to recognize that the failure to prepare for or respond appropriately to a terrorist attack or other emergency situation may result in lawsuits against the district similar to the lawsuits brought against Columbine school officials. While schools and school administrators generally benefit from local governmental immunities, and will not be subject to civil liability in various circumstances unless their actions were wanton or willful, defending these lawsuits will be costly for the school district.

To be conservative, school attorneys should always encourage their school administrators to consult with them when they create, develop or implement new policies to minimize unnecessary liability to their district.

As mentioned above, planning and the legalities are not the only obstacles school administrators face when preparing for crisis prevention and response. In today's economy, many school officials are faced with developing and implementing plans with little or no funding. However, the federal government does have some funding options available. On March 7, 2003, U.S. Secretary of Education Rod Paige announced that $30 million would be available in Fiscal Year 2003 to help schools improve and strengthen school safety plans/crisis management plans. Paige also announced that an additional $30 million was included in the proposed Fiscal Year 2004 budget.16 On September 30, 2003, 138 Emergency Response and Crisis Management Discretionary Grants were awarded to schools nationwide. These grants ranged from $50,000 to $500,000.

Many resources are available for crisis planning in addition to the resources provided by the Department of Education. On October 7, 2003, the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives, in conjunction with the U.S. Department of Education, released an interactive CD-ROM to local educational agencies and public school systems containing a new program to help school administrators and state and local public safety officials better prepare for bomb threats against the nation's schools.17 They also created an interactive Web site to explain and help local officials implement the program.18 The American Red Cross created a Homeland Security Advisor System detailing the actions they recommend for school to take during the five different Homeland Security risk levels of attack.19

Additionally, many state agencies have worked with state boards of education or other educators to develop similar models or school safety workshops. For example, in Illinois, the Illinois Emergency Management Agency and the Illinois State Board of Education developed the School Emergency Planning Guide, which was released in 1999.20 This model document includes sample plans for natural and technological disasters as well as civil disturbances (including bomb threats, demonstrations and riots and Terrorism). Additionally, during this school year, the Illinois State Board of Education is sponsoring various safe school workshops statewide, which include topics such as The Impact of Terrorism and War on School Security and Crisis Preparedness Planning, School Safety and the Law, Updating Your School's Emergency Plan, Keeping Schools Safe in a Day of Homeland Security and Crisis Planning Revisited in an Era of Terrorism.21 For more information in your state, contact your state's Board of Education or Emergency Planning/Management Agency.22

There are many obstacles school administrators face when creating, updating and implementing school emergency preparedness/school safety plans/crisis management plans. However, it is important that such planning continues to evolve. School administrators, together with the help of federal and state agencies, district staff, parents' support and the community and parent involvement can work toward making their schools as safe as possible, so if a crisis does occur, they will be prepared to act rather than react.

_______________

Copyright 2003 National School Boards Association (NSBA) Council of School Attorneys (COSA). Reprinted with permission from Inquiry and Analysis.

1. <www.ptb.state.il.us/>; U.S. Department of Education, Emergency Planning for America's Schools (March 2003).

2. 20 U.S.C. 7114

3. <www.ed.gov/emergencyplan>.

4.<http://www.isbe.state.il.us/ safeschools/PDF/SafeSchool.PDF>; Illinois State Board of Education, Safe at Schools: A Resource Manual for Self-Assessment, Planning and Training to Improve School Safety (, February 1999).

5. U.S. Department of Education, Emergency Planning for America's Schools, (March 2003); <www.ed.gov/emergency

plan>.

6. Rooker, LeRoy, S., Recent Amendments to Family Educational Rights and Privacy Act Relating to Anti-Terrorism Activities, United States Department of Education April 12, 2002, p. 3 (April 12, 2002); 34 C.F.R. 99.36 (a) and (c).

7. Recent Amendments to Family Educational Rights and Privacy Act Relating to Anti-Terrorism Activities at 3.

8. Id.

9. Id. at 4.; 20 U.S.C. 1232g; 324 C.F.R. 99.36 (a).

10. Recent Amendments to Family Educational Rights and Privacy Act Relating to Anti-Terrorism Activities. at 4; 34 C.F.R. 99.32

11. 20 U.S.C. 1232g (b)(1)(E)(i)-(ii)

12. Id.

13. Recent Amendments to Family Educational Rights and Privacy Act Relating to Ant-Terrorism Activities at 4.

14. 5 ILCS 140/7 (ll) (As enacted by P.A. 93-422)

15. 5 ILCS 120/2(c)(8)

16. U.S. Department of Education, Paige, Ridge Unveil New Web Resources to Help Schools Plan for Emergencies (, March 7, 2003); <www.ed.gov/programs/ dvpemergencyresponse/awards.html>.

17. <http://www.atf.gov/press/ fy04press/100703bombthreatcd.htm>.

18. <www.threatplan.org>.

19. <http://www.redcross.org/static/file_ cont1412_lang0_631.pdf>.

20. <www.state. il.us/iema/Prep/ schlplgd.htm>.

21. <www.isbe.net>.

22. The following is a list of state model or operational district safety/crisis management plan that school administrators can review in implementing, revising or updating their own safety planscrisis management plans: (1) U.S Department of Education (www.ed.gov/admins/lead/

safety/ emergencyplan/ index. html); (2) Michigan Association of School Boards (www.masb. org); (3) North Carolina's Critical Incident Response Kit Project (4) (www.ncdjjdp.org/cpsv/cirk/cirk.htm); (4) Arizona Department of Education (http:// www.ade.az.gov/health-safety/health/ schoolsafety/plansresources.asp); (5) Virginia Department of Education (http://www.pen.k12.va.us/VDOE/ Instruction/model.html); (6) Fairfax County Public Schools (www.fcps.edu/DOC/

support); and (7) Montgomery County Public Schools (www.mcps.k12.md.us/ info/emergency/).

CRADLE Lesson Plan No. 41561A

ABSTRACT - This lesson is to focus on the important balance between law enforcement's need to use technological advances to protect society and citizens' needs to have their constitutional rights protected. The lesson is in three segments. The following activities are designed to help students become aware of the basic liberties guaranteed by the Bill of Rights, explore present law related technology, and to help students understand how law enforcement agencies must comply with these rights when using advanced forensic methods and other technology to perform present and future law enforcement responsibilities.

AUDIENCE - Middle School Students

TOTAL TIME REQUIRED - Four 50-minute class periods

TOPIC I - The Bill of Rights

TIME REQUIRED - Two 50-minute class periods

OBJECTIVE - As a result of this lesson students will be able to:

Demonstrate an understanding of the first ten amendments of the United States Constitution.

MATERIALS

1. Flip Chart

2. A copy of the Bill of Rights

3. Appendix One: Student Handout #1 Background Information

4. Writing Paper

5. Materials to make a scrapbook

PROCEDURE - Pre-write the unit lesson title and the definition for the word technology on flip chart paper. Read them out to students. Tear off sheet and post. Referring to the posted unit lesson title sheet, ask students what their learning expectations are from the total four-day lesson.

List student expectations on a second sheet of flip chart paper. Confirm the expectations that will be covered based on the goals/objectives of the lesson. Tear off expectations sheet and post. Solicit from students the names of several federal, state, and local law enforcement jobs or agencies. List on flip chart.

Tear off and post.

Distribute Student Handout #1 Background Information to each student. Call on selected students to read the handout aloud as the other students road silently.

Distribute a copy of the Bill of Rights to each student. Divide students into ten groups. Each group will designate a recorder and a reporter. Present an amendment from the Bill of Rights to

each group. Each group will be responsible for neatly copying the amendment on a sheet of paper, discussing and writing the meaning of the amendment, and preparing a brief statement about the necessity of the amendment. Each group will present its finished product to the class after approximately 10-15 minutes. Move quietly from group to group as students are interacting.

EVALUATION - Asking for student expectations get the students involved immediately. The method is a helpful lead-in to focusing on the goals and objectives of the lesson.

Listening to students while moving from group to group during student interaction time will enable the teacher to determine if students are on task. Try not to interrupt students unless the

students ask for assistance.

CLOSURE - Why was the Bill of Rights added to the U.S. Constitution?

Approximately how old is the U.S. Constitution?

What comes with new and advanced technology?

TIPS FOR THE TEACHER - It would be helpful to have a chart size copy of the U.S. Constitution and the Bill of Rights as visual aids while providing background information on the Constitution and Bill of Rights.

Save all forms of student written responses and visual aids. Post or creatively display individual or group work. By the end of the fourth day, the classroom should boldly reflect the law enforcement and technology related focus.

Designate or solicit three to four students to creatively design and make a Bill of Rights Scrapbook utilizing the group papers previously prepared by students.

TOPIC II - THE USE OF SCIENCE IN LAW ENFORCEMENT

TIME REQUIRED - One 50-minute class period.

OBJECTIVE - As a result of this lesson, students will:

Understand the role of forensic science in law enforcement.

List different examples of evidence that can be tested scientifically to help law enforcement officers solve crimes.

MATERIALS

1. Flip Chart

2. Appendix Two: Student Handout #2 A it to a Crime Lab

3. Writing Paper

PROCEDURE - Review main ideas from Topic I regarding Law Enforcement and the Bill of Rights.

Focus on the new lesson by asking students to provide at least three examples of them that are often sited as evidence at a crime scene. Ask for examples of the kind of information that

could be abstained from the evidence. List student responses on the chart paper and post.

Inform students that the examples they provided are used in a field known as "forensic science."

Poll the class to learn if any students have visited a crime lab.

If so, allow the students to share what they saw or learned with the class.

Give Student Handout #2 to students.

Students will read the handout and answer related questions.

EVALUATION - Check for accuracy of student response to oral and written questions.

CLOSURE - Have students close by discussing written answers to questions from Handout #2.

TIPS FOR THE TEACHER - Arrange for a class of students to make a future visit to the crime lab of the local police department. Be prepared for some parts of the lab to be off limits for touring due to the often delicate nature of the evidence being processed. Arrangements should be made for one of the specialists in the off limit area to meet with students in another designated area in order to answer questions.

Based on the findings of a visit to a crime lab or a call to a crime lab, have students research one of the scientific techniques used to examine criminal evidence and report their findings. If the school has a computer lab, the teacher or the students may be able to make arrangements for students to type their research papers on the computers.

If time allows, present each student with a copy of an interesting news article that describes a crime and that provides information about evidence that led to the arrest and/or conviction of a suspect. Have students summarize the article and list the incriminating evidence on a sheet of paper.

Glue the summaries and articles to colorful construction paper and display.

TOPIC III - LAW ENFORCEMENT IN THE TWENTY-FIRST CENTURY

TIME REQUIRED - One 50-minute period.

OBJECTIVE - As a result of this lesson students will be able to:

Explain the important balance between law enforcement's need to utilize new technological advances effectively to protect society and citizens' needs to have their constitutional rights

protected.

MATERIALS

1. Flip Chart

2. Appendix Three: Student Handout #3 Reinforcement Sheet

3. Appendix Four: Teacher Assessment Sheet

4. A copy of the Bill of Rights

5. Writing paper

PROCEDURE - Review forensic methods used by law enforcement to solve crimes. Have students brainstorm about technological advances that they feel could become a reality in the 21st century. List student responses on the flip chart.

Students will express their views about how law enforcement would be affected by these changes. (More training and equipment needed; must enforce laws that come with new technology). Review Amendments Four and Five of the U.S. Constitution with students.

Distribute Appendix Three: Student Handout #3 Reinforcement Sheet. Divide the class into six groups. Designate the groups as group 1, group 2, and so on to correspond with the six questions

on Student Handout # 3. Allow time for the students to answer all the questions on their sheets. The designated groups will report out on only their agreed upon answer from their assigned group question. Other students may voice their agreement or disagreement.

EVALUATION - Listen to student oral and written responses to determine if they are making the connection that maintaining the balance between effective law enforcement in the wake of advancing technology and honoring individual rights is and continues to be a challenge.

CLOSURE - Share the suggested teacher reply answers on Appendix Four: Assessment Sheet with the students.

Whatever the technological advances may be, what must law enforcement officers and agencies do? (Follow legal guidelines).

TIPS FROM THE TEACHER - Allow students, who wish to do so, to illustrate the six futuristic situations described in Student Handout #3.

Ask students to watch a television show or a video on law enforcement of the future. Write down the futuristic laws the officer(s) must enforce. Describe the kind of equipment used and explain whether or not the way the equipment was used violated the U.S. Constitution.

* * * * *

Distributed by the Center for Research and Development in Law-Related Education, Wake Forest University School of Law, 2714 Henning DR, Winston-Salem NC 27106; 1-800-437-1054.

Did you ever wonder how those who were not born in this country become United States Citizens?

You may apply for naturalization if:

1. You have been a lawful permanent resident for five years.
2. You have been a lawful permanent resident for three years, have been married to a US citizen for those three years, and continue to be married to that U.S. citizen.;
3. You are a lawful permanent resident child of United States citizen parents: or
4. You have qualifying military service.

Children under 18 may automatically become citizens when their parents naturalize. You may inquire at your local Immigration and Naturalization Service Center for further information.

The Immigration and Naturalization Service gives a test in three basic parts. The first part is an oral questionnaire regarding the history of our country. The examiner has two pages of questions (about 100 questions) from which five to seven questions may be chosen at random by the examiner. Examples of these questions might be:

How many branches are there in our Government?

Who is the President now?

Who is the Vice-President now?

Who was the first United States President?

How many Justices in the Supreme Court?

How many Senators are there in Congress?

Can the Constitution be changed?

What colors are on the U.S. Flag?

How many terms of office may a President serve?

Who becomes President if the current president should die?

What is the Bill of Rights?

On what date do we celebrate our Nation's Birthday?

Who is Chief Justice of the U.S. Supreme Court?

What is the capital of your state?

Who is the current governor of your state?

How many states are there in the United States?

Who was President during the Civil War?

Which president is called the "father of our country?"

Which president freed the slaves?

Where is the White House located?

What are the two major political parties in the United States today?

Parts two and three of the citizenship test are about literacy. The petitioner is asked to read a simple English sentence from the book, and then write a simple English sentence dictated to them by the examiner.

What other questions would you ask if you were giving a citizenship test?

Should the test be harder now that we are at war and there are terrorist threats against this country?

Should people living in this country who are not citizens have the same Constitutional protections that citizens have?

Do you think it is important that people trying to become United States Citizens:

Speak and understand the English language?

Promise to obey our laws and swear an oath of allegiance?

Have no criminal convictions against them?

Be of good moral character?

Are religious or believe in God?

Know how to drive a car?

Have a job skill or profession?

Have a good credit rating or certain level of income?

Be on "probation" for a number of years before having full citizenship rights?

Pass a drug test?

Pass a medical physical and be free from disease?

Should only come from countries that are U.S. allies?

The Geneva Convention has been a topic of conversation lately. What is it? What protections does it provide? Is Iraq in compliance? Is the U.S. in compliance? All are good questions for in class discussions. For a full text of the Geneva Convention, visit Yale Law School's Avalon Project at

http://www.yale.edu/lawweb/avalon/lawofwar/geneva03.htm

As a starting point for discussions, ARTICLE 13 of the United States Convention discusses the treatment of prisoners of war. Was it right for the U.S. media to film Iraqi soldiers surrendering with their arms in the air? Was it right for U.S. soldiers to photograph Iraqi prisoners being subjected to humiliation during interrogations? Should Iraqi television have filmed U.S. soldiers they had captured?

Article 13 states: "Prisoners of war must at all times be humanely treated. Any unlawful act or omission by the Detaining Power causing death or seriously endangering the health of a prisoner of war in its custody is prohibited, and will be regarded as a serious breach of the present Convention. In particular, no prisoner of war may be subjected to physical mutilation or to medical or scientific experiments of any kind that are not justified by the medical, dental or hospital treatment of the prisoner concerned and carried out in his interest. Likewise, prisoners of war must at all times be protected, particularly against acts of violence or intimidation and against insults and public curiosity. Measures of reprisal against prisoners of war are prohibited."

An activity for high school students.

Have students in the class select one of the landmark cases listed below and ask students to read the decision issued by the court. These can be found via the Internet.

After students have read the decision, ask that they synopsize the court's decision in a brief paragraph, stating the basic area of law, the question presented, the conclusion reached, any noting any dissenting or concurring opinions the court included in the decision, and specifically address the social impact the case had at the time it was issued.

1803 Marbury v. Madison - the power of the courts, 5 U.S. 137
Synopsis:

Question Presented:

Conclusion:

Social Impact:

1819 McCulloch v. Maryland- "the letter and the spirit", 17 U.S. 316
Synopsis:

Question Presented:

Conclusion:

Social Impact:

1824 Gibbons v. Ogden - regulation of interstate commerce, 22 U.S. 1

Synopsis:

Question Presented:

Conclusion:

Social Impact:

1857 Dred Scott v. Sanford- a defeat for anti-slavery forces, 60 U.S. 393
Synopsis:

Question Presented:

Conclusion:

Social Impact:

1896 Plessy v. Ferguson- paved the way for Jim Crow laws, 163 US 537
Synopsis:

Question Presented:

Conclusion:

Social Impact:

1932 Powell v. Alabama - right to counsel, 287 U.S. 45

Synopsis:

Question Presented:

Conclusion:

Social Impact:

1943 West Virginia Board of Education v. Barnette - 1st Amendment religious expression, 319 U.S. 624

Synopsis:

Question Presented:

Conclusion:

Social Impact:

1954 Brown v. Board of Education of Topeka- separate is unequal, 347 U.S. 483
Synopsis:

Question Presented:

Conclusion:

Social Impact:

1961 Mapp v. Ohio - unreasonable search & seizure, 367 U.S. 642

Synopsis:

Question Presented:

Conclusion:

Social Impact:

1962 Engle v. Vitale - Separation of Powers, 370 U.S. 421

Synopsis:

Question Presented:

Conclusion:

Social Impact:

1963 Gideon v. Wainwright - right to counsel, 372 U.S. 335

Synopsis:

Question Presented:

Conclusion:

Social Impact:

1965 Griswold v. State Of Connecticut - right to privacy

381 U.S. 479, 85 S.Ct. 1678, 14 L.Ed.2d 510

Synopsis:

Question Presented:

Conclusion:

Social Impact:

1966 Miranda v. Arizona - right to remain silent, 384 U.S. 436

Synopsis:

Question Presented:

Conclusion:

Social Impact:

1967 Terry v. Ohio - probable cause, 392 U.S. 1

Synopsis:

Question Presented:

Conclusion:

Social Impact:

1969 Tinker v. Des Moines School District - First Amendment free speech, 393 U.S. 503

Synopsis:

Question Presented:

Conclusion:

Social Impact:

1970 Waller v. Florida - double jeopardy, 397 U.S. 387

Synopsis:

Question Presented:

Conclusion:

Social Impact:

1971 Tate v. Short - Equal Protection, 410 U.S. 395

Synopsis:

Question Presented:

Conclusion:

Social Impact:

1973 Roe v. Wade- legalized abortion, 410 U.S. 113

Synopsis:

Question Presented:

Conclusion:

Social Impact:

1974 United States v. Nixon - executive privilege, 418 U.S. 683

Synopsis:

Question Presented:

Conclusion:

Social Impact:

1975 Taylor v. Louisiana - impartial jury, 419 U.S. 522

Synopsis:

Question Presented:

Conclusion:

Social Impact:

1978 Regents of CA v. Bakke - university admissions/affirmative action, 438 U.S. 265

Synopsis:

Question Presented:

Conclusion:

Social Impact:

1985 New Jersey v. T.L.O. - drug searches in schools, 469 U.S. 325

Synopsis:

Question Presented:

Conclusion:

Social Impact:

1987 Hazelwood v. Kuhlmeier - free speech, 484 U.S. 260

Synopsis:

Question Presented:

Conclusion:

Social Impact:

1989 Texas v. Johnson - free speech, 491 U.S. 397

Synopsis:

Question Presented:

Conclusion:

Social Impact:

1989 Webster v. Reproductive Health Services - abortion rights, 492 U.S. 490

Synopsis:

Question Presented:

Conclusion:

Social Impact:

1992 Planned Parenthood of Southeastern Pennsylvania v. Casey, abortion rights, 505 U.S. 833

Synopsis:

Question Presented:

Conclusion:

Social Impact:

1998 Clinton v. New York - separation of powers, 524 U.S. 417

Synopsis:

Question Presented:

Conclusion:

Social Impact:

1998 Farragher v. City of Boca Raton - sexual harassment

Synopsis:

Question Presented:

Conclusion:

Social Impact:

1998 Burlington Industries v. Ellerth - sexual harassment, 524 U.S. 742

Synopsis:

Question Presented:

Conclusion:

Social Impact:

For additional ideas on how to teach about landmark cases, see

http://www.landmarkcases.org/

ACCIDENTS CAN RAISE YOUR INSURANCE PREMIUMS - Accident-prone drivers are subject to having their insurance premium raised even though they may not have been ticketed for a driving mistake. Illinois insurance companies can legally consider a driver's accident record in determining the rate classification. The accidents to be considered in raising a driver's insurance premium should in some way be assessed to the insured. Accidents may be charged against a driver's record even though no tickets were issued against the driver. If you feel your insurance company has put you in an improper rate classification, you may request the State Department of Insurance to review your insurance record.

CONSUMER PROTECTION STARTS AT HOME - Shopping for merchandise in the comfort of your own home may be convenient, but door-to-door sales can also have drawbacks. If you make such a purchase then find you are paying too much for the convenience, or are otherwise dissatisfied, there is a solution. The law says that if the seller of a product costing $25 or more initially solicited you at your home, you may cancel the sale within three business days following the date of the sale. To cancel, you must inform the seller in writing and you must return the goods that were delivered in their original condition. The company is then required to refund any money you paid for the goods, including a down payment, and cancel the agreement.

DRUG PUSHING TO MINORS CAN LEAD TO DOUBLE PENALTIES - Illinois drug laws are structured to provide a harsher penalty for those who sell drugs than for those who merely posses them. The law also provides a greater penalty for those who "push" drugs to persons who are minors. For instance, any person who is 18 years old and delivers marijuana to a person less than 18 years of age who is at least three years his junior may be sentenced to a term of up to twice the maximum penalty otherwise provided for the delivery of marijuana. The law is intended to discourage pushers from providing drugs to minors.

TESTING DRIVERS FOR ALCOHOL - Because driving carries an enormous responsibility, anyone who is licensed to drive a motor vehicle has already given implied consent to submit to a chemical test. This means that if you are arrested for driving under the influence, you must submit to a chemical test to determine the amount of drug or alcohol content in your blood. Refusal to take such a test can result in suspension of your driver's license for six months or one year, depending upon the circumstance. Anyone found to have a point 08 percent concentration of alcohol in his or her blood or breath is determined to be under the influence and therefore incapable of driving. No one can afford to drive while drinking.

ATTORNEY FEES - According to the Illinois Supreme Court's Rules of Professional Conduct, an attorney's fees must be reasonable. The reasonableness of fees is based on many factors including the experience, reputation and ability of the attorney performing the services, the time and labor required, the difficulty or complexity of the questions involved and the skill necessary to perform the services properly, among others. Charges for legal work may vary in different parts of the state; for instance, an attorney in a large metropolitan area may charge more than an attorney in a smaller rural community might. If you need the services of an attorney, be sure to ask questions regarding the fees and expenses involved in your case.

DEFAULTING ON CAR PAYMENTS CAN LEAD TO REPOSSESSION - Law controls procedures for auto repossession by a bank or other lending institution. In the majority of cases the law allows a bank to take your car, sell it, and if they don't get enough to cover the indebtedness, require you to pay the balance. The procedures are different, however, if you have paid 60% or more of the total amount owed. In this case, you may surrender the car to the bank and the bank has two choices: keep the car and release you from further financial obligation, or return the car to you and take legal action to recover the balance of what you owe on the car.

PROTECTING SENIOR CITIZENS - In Illinois, there are special provisions under the law to protect senior citizens, or those 60 years of age or older, from abuse and neglect. The Elder Abuse and Neglect Act defines abuse as any means causing any physical, mental or sexual injury to an eligible adult, including exploitation of such adult's financial resources. Neglect is another person's failure to provide to the elder person "the necessities of life including, but not limited to, food, clothing, shelter or medical care." Because efforts to combat elder abuse are being coordinated by a number of offices and agencies, if you are aware of a senior citizen who may be experiencing abuse or neglect, you may contact the Office of the Attorney General, the State Police, local law enforcement, or the Illinois Department of Aging.

A POLICE OFFICER MUST HAVE GROUNDS FOR AN ARREST - Before a police officer can arrest someone, the officer needs to have reasonable grounds to believe a crime has been committed. He or she must also believe that the person to be arrested was the one who committed the crime. A police officer may not arrest someone merely on suspicion, and stopping a person in itself is not an arrest. But if the officer believes he has reasonable grounds and makes a stop, he must identify himself as a police officer. He may also make an arrest after obtaining an arrest warrant signed by a judge. A search for weapons may be made if the officer reasonable suspects that the person he has stopped or someone else is in danger of attack.

424 South Second Street, Springfield, Illinois 62701

217/525-1760 Toll Free 800/252-8908

Jay D Reece, Chair Mary L Milano, Vice-Chair

Zeophus J Williams, Secretary Lynda S Marquardt, Ex-Officio

Hon Harris H Agnew David L Anders

Kimberly J Anderson Rex L Brown

Thomas J Carlisle Kelli M Childress

Hon John P Coady Sheila Fahey-Wallenius

Camela A Gardner Carl W Gilmore

Heather A Jackson John F Kauffman

Frank J Kopecky Ann M Pictor

Steven B Skelton Kelli M Smith

Melinda J. Bentley, ISBA Staff Liaison

Donna Schechter, ISBA Staff Liaison & Mock Trial Coordinator, dschecht@isba.org