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Lesson Plan
Should the Use of Secret Evidence be Permitted?
Purpose
The purpose of this lesson plan is to allow students to debate the issue of whether the use of secret evidence should be permitted in due process of law.
Grade
9-12
Objectives
Students should be able to:
1. Understand the constitutional principles of fairness and due
process - including the opportunity to know evidence against
oneself, the opportunity to confront an accuser, the right to counsel,
the right to a fair hearing before a neutral adjudicator, the right
to speak in one's own defense and the right to an appeal
2. Understand the repercussions of allowing secret evidence to be
used in courtroom proceedings
Activities
1. Teacher will give a lecture on due process principles based on
Case of the Month background materials
2. Students will clip articles from newspapers and magazines dealing
with lawsuits and bring them into class. Class will analyze the different
charges filed against the defendants from the newspaper and magazine
clippings and discuss why it is important that they understand the
charges filed against them.
3. Students will write an essay imagining what would happen if they
were accused of a crime (this could even include the violation of
a school rule, such as cheating on a test or stealing from another
student's locker) and did not know what charges had been filed against
them. How would they defend themselves?
4. Class will divide into groups and hold a mock trial. One student
will be the defendant, who is accused of stealing chalk from the classroom.
One student will be the judge, three students will be attorneys for
the defendant, and three students will be prosecutors representing
the government. The rest of the class will be the jury. The prosecutors
will have secret evidence about the defendant that they will want
to show the judge but not reveal to the defendant, and defense attorneys
will argue that in order for proper due process the prosecutors will
have to release that evidence. The jury will decide after a debate
whether or not the secret evidence should be revealed or remain secret
- and whether it is proper to jail or convict the defendant
on the basis of secret evidence.
