DOCUMENT RESUME ED 470 346 SO 034 290 Osborn, Elizabeth AUTHOR Ira C. Ritter and The Kroger Co., v. Jerry and Ruth Stanton. TITLE "Trial by Jury." Lesson Plans for Secondary Teachers on the Constitutional Protections of Trial by Jury. Courts in the Classroom: Curriculum Concepts and Other Information on Indiana's Courts for the K-12 Educator. Indiana State Supreme Court, Indianapolis. INSTITUTION 2001-00-00 PUB DATE NOTE 77p. AVAILABLE FROM Indiana Supreme Court, 313 Indiana State House, Indianapolis, IN 46204. Tel: 317-232-2540; Web site: http://www.IN.gov/judiciary/education/ Classroom Guides Teacher (052) PUB TYPE EDRS Price MF01/PC04 Plus Postage. EDRS PRICE Civil Law; Constitutional Law; *Court Litigation; *Juries; DESCRIPTORS *Law Related Education; Secondary Education; *Social Studies; State Standards; Student Educational Objectives Case Law; Indiana; United States Constitution IDENTIFIERS ABSTRACT In the case of Ritter v. Stanton, the attorneys for Ira Ritter and Kroger alleged that the amount of damages awarded by the jury were excessive and asked the Indiana Supreme Court to review the matter. This set of three lesson plans for secondary educators uses the Ritter v. Stanton case to examine the concept of, the U.S. constitutional right to trial by jury. "Can I Have a Jury Trial?" (2) Lessons are entitled: "What Does a Jury Do (1) "Oral Arguments On-Line." Each lesson presents background Anyway?"; and (3) information; states learning objectives; provides learning activities; suggests materials for further study; and addresses related Indiana Social Studies Standards. The set also contains a related glossary; a case summary; the Appellant's Petition to Transfer; the Appellee's Brief in Opposition to Petition to Transfer; the Appellant's Reply to Appellee Brief Opposing Transfer; and the Order Denying Transfer. (BT) Reproductions supplied by EDRS are the best that can be made from the on inal document. COURTS In the ,naf'CAkrini"- 0' 0 P?....Q I Curriculum Concepts and Other Information on Indiana's Courts for the II-12Educator Ira C. Ritter and The Kroger Co., v. Jerry and Ruth Stanton. "Trial by Jury" Lesson plans for secondary teachers on the constitutional protections of trial by jury 2001 By Elizabeth Osborn Assistant to the Chief Justice Indiana Supreme Court 313 Indiana State House Indianapolis, IN 46204 317.232.2540 (telephone) www.IN.gov/judiciarvieducation/ U.S. DEPARTMENT OF EDUCATION Office of Educational Research and Improvement EDUCATIONAL RESOURCES INFORMATION PERMISSION TO REPRODUCE AND CENTER (ERIC) DISSEMINATE THIS MATERIAL HAS 1:11 This document has been reproduced as BEEN GRANTED BY received from the person or organization originating it. Minor changes have been made to 0 improve reproduction quality. Points of view or opinions stated in this TO THE EDUCATIONAL RESOURCES document do not necessarily represent INFORMATION CENTER (ERIC) ISLE official OERI position or policy. 1 I T COPY AVAi 1 COURTS Q.J lit the (Colijic.c.))Ltrfj 0 t Curriculum Concepts and Other information on Indiana's Courts for the K-121 enter Ira C. Ritter and The Kroger Co., v. Jerry and Ruth Stanton. Table of Contents Can I have a Jury Trial? Lesson Plan 1: What does a Jury do anyway? Lesson Plan 2: Oral Arguments on-Line Lesson Plan 3: Glossary Case Summary Appellant's Petition to Transfer Appellee's Brief in Opposition to Petition to Transfer Appellant's Reply to Appellee Brief Oposing Transfer Order Denying Transfer 3 COURTS rs'A \J 0' lo the Curriculum Concepts and Other Information on Indiana's Courts for the K-lkiducator. www.IN.qovnudiciary/education/ Ira C. Ritter and The Kroger Co., v. Jerry and Ruth Stanton Lesson 1: Can I have a jury trial? A lesson plan for secondary teachers on the constitutional protections of trial by jury* *The staff of the judicial branch chose this case as a useful tool to teach an interesting aspect of the law. Its selection has no bearing on how the case will ultimately be decided. Since the members of the court did not participate in the preparation of the lesson plan, the issues raised in it will not necessarily be addressed in the oral argument. Background: This lesson is based on the case of Ritter v. Stanton, but it can also be used as a stand-alone lesson on the constitutional right to trial by jury. The case summary, the briefs of the appellants (Ritter and Kroger Co.) and the appellees (Jerry and Ruth Stanton), and the one-hour webcast of the November 14, 2001 oral argument before the Indiana Supreme Court for Ritter v. Stanton are all available on- line at http://www.in.gov/judiciary/education/cotm.html A separate lesson, giving an overview of the structure of Indiana's court system, is also available to provide students with general information about how Indiana courts works from the Courts in the Classroom homepage at http://www.in.gov/judiciary/education/. A glossary of legal terms used in this and other Courts in the Classroom lesson plans is attached and is available on-line as well at http://www.in/gov/judiciary/education/glossary.html Learning Objectives: At the end of this lesson students should be able to: 1. Understand the legal phrase "trial by jury" and how it differs from a bench trial; 2. Discuss the protections offered by the U.S. Constitution and the Indiana Constitution regarding the right to trial by jury and how those rights are similar or different; 3. Use classroom, library and/or internet resources to research press coverage of jury trials; and 4. Compare the constitutional protection of individual liberties, specifically trial by jury, found in the U.S. and Indiana Constitutions with similar provisions in documents from nations around the world. This lesson plan was written by Elizabeth R. Osborn, Special Assistant to the Chief Justice for Court History and Public Education. If you have any questions about this lesson, or ORAL ARGUMENTS ONLINE, feel free to contact her at (317) 233-8682 or [email protected]. 4 Learning Activities Conduct a brainstorming session with students about the concept of trial by jury. Ask them, 1. for example, what they think it means. Ask them to think about what courts would be like without juries. Ask if any students' parents have served on a jury. Despite the impression we receive from television, very few legal issues are resolved by juries, 2. jury trial and a or even go to trial at all. Ask students to research the differences between a bench trial. A legal dictionary like the one at www.Findlaw.com might be a good place to start. You might also talk about how many legal situations are resolved before they ever get to the courtroom. Plea-bargaining is one example of non-trial remedies that you might discuss. Indiana's legal system recognizes many kinds of "alternative dispute resolution" methods including arbitration, mediation, mini-trials and private judges. 3. The guarantee of trial by jury is considered by many Americans to be one of their most fundamental rights. Ask students to examine the U.S. Constitution [http://lcweb2.1oc.goviconst/const.html] for any mention of the right to a jury trial; you might direct them to focus on Article III and the Bill of Rights [ http: / /lcweb2.loc.gov /const/bor.html]. Ask another group of students to similarly examine the Indiana Constitution [http://www.in.gov/legislative/ic/code/const.html] for information on the right to jury trials (encourage them to closely examine Article I). Ask the students to think about why additional protections concerning trials were added to the Constitution in the Bill or Rights. Ask them to compare the protections offered in the U.S. and Indiana Constitutions. Are they identical? Pay particular attention to the discussion of civil trials. In Indiana, the legal remedy in a civil case does not always result in a jury trial. 4. Using local newspapers, news magazines such as Newsweek, Time, or U.S. News & World Report, or the Internet ask students to read media coverage of jury trials. What kind of cases information seem more likely to result in jury trials based on their research? What kind of does the press tend to emphasize? How much coverage is given to the jury selection process? Choosing a high profile case such as the O.J. Simpson or Timothy McVeigh trials might make this easier. For Further Study: Invite a local judge, prosecutor or attorney to visit your classroom; the Indiana StateBar 1. Association (www.inbar.org) and local bar associations http://www.inbar.org/content/localbar/ localbar.asp] are great resources for locating attorneys who are interested in working with schools. Consider taking your students to visit the local courthouse to tour a courtroom; you might even have the opportunity to sit in on part of a trial. 2. To give your students a better appreciation of the U.S. legal system, ask them to compare our legal system with that of a foreign country (using constitutions or other national documents available on the Internet [http://www.findlaw.com/12international/] or in local libraries). Related Indiana Social Studies Standards U.S. Government.1.13: Examine fundamental documents in the American political tradition..., the United States Constitution,...the Indiana Constitutions of 1816 and 1851 to identify key ideas regarding the nature of limited government and the protection of individual rights. This lesson plan was written by Elizabeth R. Osbom, Special Assistant to the Chief Justice for Court History and Public Education. If you have any questions about this lesson, or ORAL ARGUMENTS ONLINE, feel free to contact her at (317) 233-8682 or eosbornQcourts.state.in.us. 5 U.S. Government.3.15: Compare core documents associated with the protection of individual rights, including the Northwest Ordinance, the Bill of Rights, the Fourteenth Amendment to the United States Constitution, and Article I of the Indiana Constitution. U.S. Government.3.7: Distinguish among the enumerated, implied, and denied powers in the United States Constitution and the Indiana Constitution. U.S. Government.4.11: Use a variety of information sources, including electronic media, to gather information about the impact of American ides about democracy and individual rights in other areas of the world. This lesson plan was written by Elizabeth R. Osborn, Special Assistant to the Chief Justice for Court History and Public Education. If 233-8682 or you have any questions about this lesson, or ORAL ARGUMENTS ONLINE, feel free to contact her at (317) cosbornQcourts.state.in.us. 6 COURTS '0 0 tp.)COririd Intim Curriculum Concepts and Other Information on Indiana's Courts for the K-1tEducator www.IN.qovijudiciaryieducation/ Ira C. Ritter and The Kroger Co. v. Jerry and Ruth Stanton Lesson 2: What does a jury do anyway? A lesson plan for secondary teachers on the constitutional protections of trial by jury* *The staff of the judicial branch chose this case as a useful tool to teach an interesting aspect of the law. Its selection has no bearing on how the case will ultimately be decided. Since the members of the Court did not participate in the preparation of the lesson plan, the issues raised in it will not necessarily be addressed in the oral argument. Background: This lesson is based on the case of Ritter v. Stanton, but it can also be used as a stand-alone lesson on the constitutional right to trial by jury. The case summary, the briefs of the appellants (Ritter and Kroger Co.) and the appellees (Jerry and Ruth Stanton), and the one-hour webcast of the November 2001 oral argument before the Indiana Supreme Court are available on-line at 14, http://www.in.gov/judiciary/education/cotm.html. A separate lesson, giving an overview of the structure of Indiana's court system, is available on the Courts in the Classroom homepage at http://www.in.gov/judiciary/education/. A glossary of legal terms used in this and other Courts in the Classroom lesson plans is attached and is available on-line as well at http://www.in/gov/judiciary/education/glossary.html Learning Objectives: At the end of this lesson students should be able to understand: 5. How juries are chosen; 6. The responsibilities, and duties given to juries; and 7. The differing role of the jury in civil (such as Ritter v. Stanton) and criminal cases. Learning Activities: We take for granted the right to trial by a jury of our peers, but this is not, and never has been, 1. colonists believed the right to a a universal right. Ask students to think about why American jury trial was worth fighting (and dying) to protect. The Framers of the Constitution and the Bill of Rights were similarly concerned with protecting what they perceived as a fundamental right. Many organizations have webpages that provide historical information about juries. The Arizona Supreme Court's The American Jury System [http://www.supreme.state.az.us/ This lesson plan was written by Elizabeth R. Osborn, Special Assistant to the Chief Justice for Court History and Public Education. If you have any questions about this lesson, or ORAL ARGUMENTS ONLINE, feel free to contact her at (317) 233-8682 or [email protected]. 7 jury/american.htm] and the Alabama State Bar [http://www.alabar.org/ClientDoc/rights.pdf both have short histories of the jury in the United States. The British Broadcasting Company's (BBC's) website also offers some English history [http: / /www.bbc.co.uk/ history/state/monarchs_leaders/henryillaw03.shtml]on this topic. The Constitutional Rights Foundation [http://www.crfc.org/americanjury/origins.html] offers extensive on-line material covering a variety of jury related subjects. 2. Conduct a brainstorming session with your students. Ask them to think about ways to select people for jury duty. While a "jury of peers" does not mean an exact mirror of the defendant's age, race, gender, education, occupation, etc., it does mean a group of people drawn from all segments of the community. How can this be accomplished? What groups might be under- or over-represented? The Indiana Supreme Court has produced a set of standardized rules to help counties with the jury selection process. These Indiana Jury Rules will go into effect on January 1, 2003 and can be found at http://www.in.gov/judiciary/research/amend02/jury.pdf. 3. Potential jurors are summoned to the courthouse by mail (sample summons is attached and can also be found at [http://www.in.gov/judiciary/education/lessons/2001/nov/summons.pdf]); once there they may be asked to fill out a questionnaire before the actual selection process begins (sample questionnaire is attached and can be found at [http://www.in.gov/judiciary/ education/lessons/2001/nov/questionnaire.pdf]). Jurors may serve on either a grand jury (6 citizens who decide whether or not the state should file charges against someone based on the evidence presented) or a petit jury (a group of 6 citizens in a civil case and either 6 or 12 in a criminal case). Using the information students have gathered from the Indiana Jury Rules (attached and at http://www.in.gov/judiciary/research/amend02/jury.pdf), especially Rules 16- 18, have them role-play the jury selection process (called "voir dire") for either the Ritter v. Stanton case or some other case they have heard about in the news. Assign students to act as lawyers for each side, a judge, and a court reporter in addition to the jury pool members. 4. Ritter v. Stanton is a civil case (information on the difference between a civil and criminal case is attached). As the students learned in Activity 3, there are several significant differences in how jurors are selected in civil and criminal cases. The job of the jury also differs in civil and criminal trials. It is the responsibility of the judge, in both types of cases, to make sure that proper procedures are followed to ensure a fair trial. In criminal matters the prosecution must prove "beyond a reasonable doubt" that the defendant committed the crime in question. In civil matters the burden of proof is slightly different. Generally speaking, the jury must determine whether the preponderance of evidence shows what the plaintiff alleges. After opening arguments, presentation of evidence and/or witnesses, closing arguments, and instructions by the judge, the matter is turned over to the jury for deliberation. Again the differences in civil and criminal cases are important. In civil cases the judge tells the jury the appropriate law and the jury determines the facts. In criminal cases, the Indiana Constitution gives juries considerable authority to determine the law as well as the facts (review Article 1 Section 19 at http://www.in.gov/legislative/ic/code/const/artl.html). Once the jury reaches a verdict, it has completed the bulk of its work. In civil trials the jury may determine the damages to be awardedmost often a dollar amount. In criminal cases the sentencing is This lesson plan was written by Elizabeth R. Osborn, Special Assistant to the Chief Justice for Court History and Public Education. If you have any questions about this lesson, or ORAL ARGUMENTS ONLINE, feel free to contact her at (317) 233-8682 or eosbornRcourts.state.in.us. 8 carried out by the judge. As appropriate, however, the jury may be asked to make a recommendation concerning a sentence of death. Ask students to think about the different burdens of proof for civil and criminal trials. Which is a higher standard? Why do you think the writers of the Indiana Constitution gave criminal juries the leeway to determine the law as well as the fact? Do you think this is a good idea? Why or why not? In a criminal trial the jury verdict must be unanimous; in a civil trial, the parties may agree to a majority verdict. Do you think requiring unanimity is a good idea? Why or why not? For Further Study: Have students compare available information on jury selection in Indiana with that of other 1. states. Many jurisdictions have information about their process up on the Internet. These sites In Indiana, Marion can be located using a simple web search with terms like "jury duty." County has its own website for prospective jurors: Interested teachers can contact the http://www.indygov.org/courts/jurypool/index.htm. Marion County Jury Pool Supervisor by calling (317) 327-5888 for information about special class visits and programs surrounding jury duty. In the case of Ritter v. Stanton the attorneys for Ira Ritter and Kroger allege that the amount of 2. damages awarded by the jury were excessive and ask the court to review this matter. Ask your students to read the briefs submitted by each side. Why do the Ritter/Kroger attorneys feel the award is excessive? The Dollar Inn, Inc. v. Slone [http://www.state.in.us/judiciary/opinions/ archive/060902.wig.html] and Sears Roebuck & Co. v. Manuilov [http://www.state.in.us/ judiciary/opinions/archive/01230101.bed.html] cases are cited by both sets of attorneys on this topic. Ask students to read these opinions (they are both available on-line) and to discuss the discretion given to a jury in awarding damages. of 3. Compare the authority the Indiana Constitution gives juries in criminal matters with that other states. Do many other states allow juries to determine the law as well as the facts? Does the U.S. Constitution allow this in federal courts? 4. The Indiana State Bar Association [ttp://www.inbar.org/content/pdgbrochure2001.pdf] produces a Juror's Handbook. Information about this publication can be found at their website (317) 266-2588. or by calling (317) 639-5465 or Toll Free (800) 266-2581; Fax Related Indiana Social Studies Standards U.S. History 1.1: Explain major ideas about government and key rights, rooted in the colonial and founding periods, which are embedded in key documents. U.S. Government.1.9: Explain how the rule of law, embodied in a constitution, limits government to protect the rights of individuals. This lesson plan was written by Elizabeth R. Osborn, Special Assistant to the Chief Justice for Court History and Public Education. If feel free to contact her at (317) 233-8682 or you have any questions about this lesson, or ORAL ARGUMENTS ONLINE, eosborn(courts.state. in.us. 9 U.S. Government.2.6: Define and provide examples of fundamental principles and values of American political and civic life, including liberty, the common good, justice, equality, tolerance, law and order, rights of individuals.... U.S. Government.5.7: Describe the ways that individuals can serve their communities and participate responsibly in civil society and the political process at local, state, and national levels of government. This lesson plan was written by Elizabeth R. Osborn, Special Assistant to the Chief Justice for Court History and Public Education. If 233-8682 or you have any questions about this lesson, or ORAL ARGUMENTS ONLINE, feel free to contact her at (317) cosborncourts.state.in.us. 10