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Topic: Judicial protection of individual rights 

Civics

 Standard 18.  Understands the role and importance of law in the American constitutional system and issues regarding the judicial protection of individual rights
  Level III (Grade 6-8)
   Benchmark 6.Understands the basic concept of due process of law (i.e., government must use fair procedures to gather information and make decisions in order to protect the rights of individuals and the interests of society)
    Knowledge/skill statements
     1.Understands that under due process of law the government must use fair procedures to gather information in order to protect the rights of individuals and the interests of society
     2.Understands that under due process of law the government must use fair procedures to make decisions in order to protect the rights of individuals and the interests of society
   Benchmark 7.Understands the importance to individuals and to society of major due process protections such as habeas corpus, presumption of innocence, fair notice, impartial tribunal, speedy and public trials, right to counsel, trial by jury, right against self incrimination, protection against double jeopardy, right of appeal
    Knowledge/skill statements
     1.Understands the importance to individuals and society of major due process protections such as habeas corpus
     2.Understands the importance to individuals and society of major due process protections such as presumption of innocence
     3.Understands the importance to individuals and society of major due process protections such as fair notice
     4.Understands the importance to individuals and society of major due process protections such as impartial tribunal
     5.Understands the importance to individuals and society of major due process protections such as speedy and public trial
     6.Understands the importance to individuals and society of major due process protections such as trial by jury
     7.Understands the importance to individuals and society of major due process protections such as right against self incrimination
     8.Understands the importance to individuals and society of major due process protections such as protection against double jeopardy
     9.Understands the importance to individuals and society of major due process protections such as right of appeal
   Benchmark 8.Understands why due process rights in administrative and legislative procedures are essential for the protection of individual rights and the maintenance of limited government (e.g., the right to adequate notice of a hearing that may affect one’s interests, the right to counsel in legislative hearings)
    Knowledge/skill statements
     1.Understands why due process rights in administrative procedures are essential for the protection of individual rights
     2.Understands why due process rights in legislative procedures are essential for the protection of individual rights
     3.Understands why due process rights in administrative procedures are essential for the maintenance of limited government
     4.Understands why due process rights in legislative procedures are essential for the maintenance of limited government
     5.Knows that the right to adequate notice of a hearing that may affect one’s interests is an example of due process rights in administrative procedures
     6.Knows that the right to counsel in legislative hearings is an example of due process rights in legislative procedures
   Benchmark 9.Understands the advantages and disadvantages of the adversary system and the advantages and disadvantages of alternative means of conflict management (e.g., negotiation, mediation, arbitration, and litigation)
    Knowledge/skill statements
     1.Understands the advantages of the adversary system
     2.Understands the disadvantages of the adversary system
     3.Understands the advantages of alternative means of conflict management
     4.Understands the disadvantages of alternative means of conflict management
     5.Knows that negotiation is an alternative means of conflict management
     6.Knows that mediation is an alternative means of conflict management
     7.Knows that arbitration is an alternative means of conflict management
     8.Knows that litigation is an example of the adversary system
   Benchmark 10.Knows the basic principles of the juvenile system and the major differences between the due process rights of juveniles and adults
    Knowledge/skill statements
     1.Knows the basic principles of the juvenile system
     2.Knows the major differences between the due process rights of juveniles and adults
   Benchmark 11.Understands current issues regarding judicial protection of the rights of individuals
    Knowledge/skill statements
     1.Knows that people may disagree about how the judiciary protects individual’s rights
  Level IV (Grade 9-12)
   Benchmark 7.Understands the importance of an independent judiciary in a constitutional democracy
    Knowledge/skill statements
     1.Knows what the independent judiciary is
   Benchmark 8.Knows historical and contemporary instances in which judicial protections have not been extended to all persons and instances in which judicial protections have been extended to those deprived of them in the past
    Knowledge/skill statements
     1.Knows historical instances in which judicial protections have not been extended to all persons
     2.Knows contemporary instances in which judicial protections have not been extended to all persons
     3.Knows historical instances in which judicial protections have been extended to those deprived of them in the past
     4.Knows contemporary instances in which judicial protections have been extended to those deprived of them in the past
   Benchmark 9.Understands why due process rights in administrative and legislative procedures are essential for protecting individual rights and maintaining limited government
    Knowledge/skill statements
     1.Understands why due process rights in administrative procedures are essential for the maintenance of limited government
     2.Understands why due process rights in administrative procedures are essential for the protection of individual rights
     3.Understands why due process rights in legislative procedures are essential for the maintenance of limited government
     4.Understands why due process rights in legislative procedures are essential for the protection of individual rights
   Benchmark 10.Knows how state and federal courts’ power of judicial review reflects the American idea of constitutional government (i.e., limited government) and understands the merits of arguments for and against judicial review
    Knowledge/skill statements
     1.Knows how state court’s power of judicial review reflects the American idea of constitutional government
     2.Knows how federal court’s power of judicial review reflects the American idea of constitutional government
     3.Understands the merits of arguments for judicial review
     4.Understands the merits of arguments against judicial review