OBJECTIVES:
Students will be able to
Identify laws that have developed in response to social conditions
Determine the assumptions underlying particular events
Use the problem solving method to plan alternatives forms of punishment
Write an original future scenario.
PROCEDURE
By now you would have discussed the cases of Furman and McClesky in relation to the Eighth and Fourteenth Amendments. You have had the students complete research of some of the suggested ideas, now you want to help them analyze what they have learned.
Begin by reading the unit’s CONCLUSION and recapping some of the information that has been covered, up to this point. Have each student complete the BACKGROUND READING (see 3-1) and discuss how they feel about the new laws that are being developedmost of which are directed at their age groups.
Students are now ready to complete the cross impact matrix. (see 3-2) Explain that the matrix is a forecasting technique for analyzing how events impact upon each other. Use activity (3-1) for information to complete the matrix.
Divide students into groups of four or five and tell them that they are going to serve as lawmakers, for this activity. Tell them that once their group has worked through the problem solving approach to finding alternative forms of punishment to the death penalty, they each will be asked to create their own future scenario based on the information given for the scenario (3-3) and the alternative solutions from the previous activity. (Note: The problem solving process is easily located in various resources, as is scenario writing. I recommend
Teaching About-the future
(see unit Bibliography).
SCENARIO BACKGROUND READING 3-1
Much of the social, political, economic and religious values of a society are reflected in its legal system. As a society changes, so do the methods by which its people are governed. As population increases and equal opportunity decreases, so does the rate of crime increase, as all citizens compete for the limited goods and services that are available to a nation. The increase in crime rates is problematic to all of society. In an attempt to remove many of its criminal elements from society, the country is seeking more effective forms of punishment.
Some of the changes being sought target juvenile offenders, (ages fourteen and fifteen) who commit violent crimes to be punished as adults. Others involve reinstatement of the death penalty, in a number of states or revisions to already existing laws against capital crimes. Still other efforts are underway to require longer prison stays for repeat and violent offenders.
Most recently, we have seen the approval for the hiring of more police officers to patrol the streets, community policing, a bill up for passage to grant authority for police to conduct warrantless searches (clear violation of Fourth Amendment) and the institution of curfews for teenagers, in some of the country’s larger cities.
It will take some time before we are able to measure the effects of these changes. However, history tells us that tougher laws, even the threat of the death sentence have not effectively deterred crime.
SCENARIO INFORMATION 3-3
This is Anytown, USA1999. Present-day America finds itself faced with an unprecedented wave of crime. The immediate task for you, the newly formed group of lawmakers is to look for ways to help prevent crime and to seek alternative forms of punishment, now that the death penalty has been abolished.
Your aim is to effectively rehabilitate those who are imprisoned and try to create an environment that will help deter those who seem to be at risk for potential criminal behavior. Your ideal society is one that works toward racial balance, economic freedom for the people, as well as for the government, and an educational system that produces critical and creative thinkers who are also humanitarians. Above all, education must be accessible to all. Remember that the rules of equality in the law is an underlying principle.
CROSS IMPACT MATRIX 3-2(figure available in print form)
(figure available in print form)