LESSON TITLE: Gideon v. Wainwright
GRADE LEVEL: 11th Grade / SUBJECT AREA: US Government
TIME ALLOCATION: 1 Period (40 Minutes)
OBJECTIVES
When provided with direct instruction and discussion, students will gain an understanding of how just one average citizen can change the constitution and discuss how defense counsel came to be appointed to all criminal defendants during an in class activity in forty minutes or less.
STANDARDS
Academic Content Standard: Government
Benchmark: A, B
A. Evaluate, take and defend positions about issues concerning the alignment of the characteristics of American democracy with realities in the United States today.
B. Explain how the U.S. Constitution has evolved including its philosophical foundations, amendments and court interpretations.
Indicators: Role of Government (1, 3, 5) and Rules and Laws (9)
1. Analyze the actions of the U.S. government and evaluate the extent to which those actions reflect characteristics of American democracy and help to serve the public good.
3. Describe the changing relationships among the branches of the national government, and evaluate applications of the principles of separation of powers and checks and balances for serving the public good and protecting individual rights.
5. Explain the major responsibilities of the federal government for domestic and foreign policy including powers of each branch of the government.
9. Explain how interpretations of the basic principles found in the U.S. Constitution have changed over time.
PROCEDURE AND ACTIVITIES
1.  Gideon v. Wainwright homework review
·  After welcoming the students to class, the teacher should instruct the students to take out their homework about Gideon V. Wainwright, due process, and judicial review from the night before.
·  This will get the class thinking about the Gideon v. Wainwright court case and the movie that they will be watching in class.
2.  Key Constitutional Concepts: Gideon v. Wainwright video
·  After going over the homework, the students will be watching a short video about the Gideon v. Wainwright Supreme Court case.
·  During the film, the teacher will be pausing the video at critical points and having the students pair up in groups to discuss the following:
Do you think Clarence Gideon was guilty based on the evidence
presented at his first trial and his past history?
Based on his past history, why might Gideon not receive a fair
trial?
What does it mean to be presumed innocent until proven guilty?
Do you think the evidence is strong enough to convict Gideon?
Why or why not?
What is circumstantial evidence?
·  After the point in the video where Gideon declares that he has the right to counsel, the teacher should have the students read the language of the sixth amendment and answer the following question:
Was Gideon right in his assertion that the court must provide a lawyer for him? Why or why not?
·  After the students have decided whether or not Gideon was right in his assertion that the court must provide a lawyer for him, the teacher and the students should continue watching.
·  As a class, the teacher should discuss the students the following questions:
What was an attorney able to do for Gideon in the second trial that he was not able to do for himself in the first?
If you are charged with a crime, why is it important to have a lawyer?
What did Supreme Court Justice Hugo Black think about Gideon’s appeal?
How was the Fourteenth Amendment applied in this case?
·  If there is time, the teacher should ask the students if they know how do those detained by the police or arrested for a crime know about their right to an attorney and what happens if the police do not inform the person of their rights? / TIME ALLOCATIONS
1.  10 minutes
2.  30 minutes
EVALUATION AND ASSESSMENTS
Pretest, Traditional: Gideon v. Wainwright homework
Formative, Authentic: Gideon v. Wainwright discussion
Anecdotal, Authentic: Participation