Berghuis v Thomkins: Is This the Will of the People? (Criminal’s Rights)

This Berghuis v Thomkins: Is This the Will of the People? (Criminal’s Rights) lesson plan also includes:

"You have the right to remain silent. . ." But should a suspect exercise that right? Should laws establish and defend the rights of an individual or reflect the will of "the people?" After reading and annotating a series of primary source documents related to court cases that have altered a suspect's Miranda rights to silence and counsel, class members tackle the question of whether these policies are "the best policy for our nation." The readings will challenge even the best readers, but the exercise addresses an important question and would make for great debate in US history and government classes.

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CCSS: Adaptable
Pros

  • Thought-provoking primary source documents
  • Carefully scaffolded Structured Academic Controversy activity

 

Cons

  • The challenging reading level of the documents may intimidate some class members

 

Common Core