Justice for all? Teaching and Learning about Righting Wrongs Seán Arthurs National Council of Social Studies November 22, 2014

See/Think/Wonder When you SEE this picture, what do you see or notice? What do you think is going on? Take a guess! What are you wondering about? What is one question you have?

Eric, Christine and Michael Morton in 1986

Detectives On August 13, 1986, the Sheriff’s department gets a call in the middle of the afternoon. “My neighbor Christine Morton is dead in her bedroom!!”

Who are the suspects?

YOU are the investigating detectives Should you arrest Michael Morton? OR

On your evidence log, for EACH piece of evidence: 1. Describe the evidence 2. Decide whether the evidence points to Michael, someone else, or is irrelevant 3. Briefly explain why you feel that way

Headline Draft! You are the editor of the local newspaper. You just got the scoop about whether the police decided to arrest Michael Morton or not. Write a one sentence headline for tomorrow’s newspaper

But what if…

Footprints

Van

Credit Card

Monster

Now... based on what the jury heard, what do you think they decided?

Michael Morton Served 8, 995 days (24 years)

WHY did this happen?

Prosecutorial misconduct : when law enforcement officials or prosecutors mishandle, withhold or ignore evidence, improperly influence or pressure witnesses, or otherwise mislead the court, the jury, and the defense lawyer.

What harms can come from Prosecutorial Misconduct? 1.Innocen1, 2. people get locked up The public loses trust in the justice system (police/courts) The real killer remains free and police stop looking for him/her

Debra Baker On January 13, 1988, Debra Baker, a brunette woman who looked a lot like Christine Morton, was found bludgeoned to death in her bed in her Texas home, 17 months after Christine’s murder. For 23 years, no one knew who had committed this crime.

March 2013: Guilty!

What can be done to prevent this from happening again?

Action Civics What could your students do to ensure this doesn’t happen again?

Update Ken Anderson, the Prosecutor in the Morton case, a judge in Texas, was removed from the bench, lost license, and served jail time. Michael Morton helped enact a bill that extended the statute of limitations for a prosecutor accused of wrongdoing Michael Morton Act: entire file must be turned over to defense

8,000 cases 316 exonerated

Innocence Project Curriculum

Lesson Plans Ricky's StoryRicky's Story and Ricky's Story complete, includes:Ricky's Story complete Selecting a Client Ricky's Documents Contacting Ricky Lives TakenLives Taken, includes: Eyewitness Misidentification Prosecutorial Misconduct False Confessions Snitch Testimony Ineffective Assistance of Counsel Bad Science Plea Bargains Life on the InsideLife on the Inside, includes: Building a Prison The Innocent Prisoner's Dilemma Life on the Other SideLife on the Other Side, includes: Ban the Box Exoneree Compensation Transitioning to Life After Prison

Lesson Plans Ricky's StoryRicky's Story and Ricky's Story complete, includes:Ricky's Story complete Selecting a Client Ricky's Documents Contacting Ricky Lives TakenLives Taken, includes: Eyewitness Misidentification Prosecutorial Misconduct False Confessions Snitch Testimony Ineffective Assistance of Counsel Bad Science Plea Bargains Life on the InsideLife on the Inside, includes: Building a Prison The Innocent Prisoner's Dilemma Life on the Other SideLife on the Other Side, includes: Ban the Box Exoneree Compensation Transitioning to Life After Prison

Teaching Objectives?

Teaching Objectives Civic Knowledge? Civic Skills? Civic Dispositions?

Teaching Objectives Civic Knowledge? – Legal process – Criminal justice system – Issue of wrongful convictions – Innocence Project Civic Skills? – Evaluating Evidence – Drawing conclusions – Multiple perspective taking – Collaboration – Using evidence to support an argument Civic Dispositions? – Belief in our system’s ability to self-correct – Inspiration to Act – The power of one man to change the system – Accountability

Thinking Routines: 1. See-Think-Wonder a. conditional language (I think instead of I know) -Langer’s dog chew experiment b. towards investigation rather than stockpiling facts 2. ZOOMING 3. Headlines a. what does a headline do? Capture main idea quickly. Grabs attention b. How would headline change?