OBJECTIVES
Students will be able to:

• write a one-page response articulating their understanding of responsibility;
• examine primary sources related to the exercise of civic responsibility in jury trials;
• refine their definition of what it means to be “responsible”;
• apply their understanding of responsibility to a hypothetical jury selection case; and
• reevaluate how to apply an understanding of responsibility in their own lives by deciding whether or not to participate in jury duty.

PROCEDURE
Warm-Up/Background/Homework [10 minutes]
Merriam-Webster’s Collegiate Dictionary defines “responsibility” as the quality or state of being responsible, which in turn means any of the following:

                          1.          “liable to be called on to answer”

                          2.          “liable to be called to account as the primary cause, motive, or agent”

                          3.          “able to answer for one's conduct and obligations”

                          4.          “able to choose for oneself between right and wrong”

Ask students to write a one-page response where they attempt to define responsibility in their own words.

OR

2. Brainstorm [15-20 minutes]

A.     Have students share their definitions or read their responses. Begin to list key words and phrases that help define responsibility on the blackboard or overhead.

B.     Explore the kinds of responsibilities with which the students may be familiar.

Sample questions:

1. What do you think it means when we say someone is "responsible"?
2. What do you think we mean when we say someone is a responsible person?
3. What kinds of responsibilities do you have to yourself, your family, your school, your community
4. What kinds of things do you have a responsibility to refrain from doing? Why? (e.g. lying, stealing, cheating, skipping)
5. Are there times where you choose not to be "responsible"? Why? Who benefits? Who is hurt?
6. When are you called on to be proactive ("stick your neck out") in order to act responsibly? (e.g. reporting cheating, admitting fault, reporting a drug dealer)
7. What responsibilities do students have to other students? (e.g. not talking during a test, voting in school elections)
8. Are we responsible for aiding others in times of need? (e.g. when a student is upset in the hallway, when someone drops a book, or when you see someone getting picked on)
9. Is acting responsibly the same as having a duty? Explain.
10. What kinds of things do you believe you are "duty bound" to do here at school?
11. What kinds of responsibilities do you have at home?
12. If you have responsibilities at home, who benefits from the fulfillment of those responsibilities?
13. Do you see a difference in the kinds of responsibilities you have? (e.g. do you do some because they are “right” and others because you are “supposed to”?)
14. What is the difference between volunteering (or another example students may have mentioned) and attending school every day (or another example students may have mentioned)?
15. What is the difference between a moral responsibility and a legal one? A legal responsibility and a civic one?
16. Do moral and legal responsibilities ever overlap? Can you give an example?
17. What are some things your parents or guardians have as a legal or moral responsibility?
18. What are some things your parents or guardians do as “responsible citizens”? (e.g. voting, volunteerism) Are those legal, moral, or civic responsibilities?
19. Can you think of ways you are asked to contribute to society? Do you have any "civic responsibilities" now?
20. What kinds of responsibilities do you expect to have in your community?
2. Connect to Primary Documents [15 - 20 minutes]

 .       Review with students the historical underpinnings of the right to a jury in American society. Be sure to emphasize the balancing function of the jury within the judiciary - how it ensures that no one class gets power over the proceedings, and how it protects individuals from tyranny.

1. Divide students into groups and assign them one of the passages to read. Have them discuss the meaning of responsibility as it is used in the passage. As a basis for discussion, have each group share their passage and report their conclusions about responsibility.
2. Begin a class-wide discussion by reading or referring to the passages or have students first read silently. [Handout with excerpts and questions]

                                                                  a.          Magna Carta, 1215
[29] No Freeman shall be taken, or imprisoned, or be disseised of his Freehold, or Liberties, or free Customs, or be outlawed, or exiled, or any otherwise destroyed; nor will we pass upon him, nor condemn him, but by lawful Judgment of his Peers, or by the Law of the Land. We will sell to no man, we will not deny or defer to any man either Justice or Right.

2. The U.S. Constitution, Art. III, sec. 2
   "The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed."
3. The Bill of Rights - Fifth Amendment
   "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury…nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."
4. The Bill of Rights - Sixth Amendment
   "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law…”
5. The Bill of Rights - Seventh Amendment
   "In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved…”

   IV.          Jury Selection Exercise [30 minutes]

 .       Share with students any additional information you may need to on the process of jury selection or voir dire. (For additional background information on the voir dire process, see resources below.)

A.     Tell the students they will be witness to the impaneling of a jury and will play parts of potential jurors in the process.

1. Have students work in pairs or individually.
2. Distribute the jury pool profiles.
3. Read the summary of the case before the court. Instruct the students that they will not be playing the role of attorney for the defense or the prosecution, but rather looking at the jury pool objectively, more from the perspective of the judge.
4. Ask students to think about what kinds of information, insight, bias, or other positive qualities in particular their character might bring to the trial. You may want to have students write a paragraph about whether or not they think this person would be a good candidate for the jury.
5. Bring the “court” to order and “interview” the jury pool by having selected students share their profiles. You may want to have them act out the part. Question each student on the positive qualities that the person might bring to the trial. You may personalize this exercise further by asking them to argue why they should or should not be selected.

Teacher's Note: Go through “jury selection” three to five times, according to the following directions. After each round, discuss with the class what effect, if any, they think the change in the jury will have on the outcome of the case. Be sure to re-establish the jury pool following each round before going through the “selection” process again.

                                                                  a.          Round One – Any juror who does not have a connection to the defendant must be eliminated. People who live in the area and are familiar with the situation are the only people allowed to serve on the jury, as was the case with the earliest common law juries.

2. Round Two – Jurors are only eliminated for special cause. Call on students whose characters are directly connected with either the defendant or the victim. After the students have argued for their inclusion, tell them that they have been eliminated, struck by the lawyers for their connection to the case (striking for cause).
3. Round Three – Modern American jury selection, where jurors can be eliminated for cause and for no stated reason. Call on students whose characters are potentially biased. After the students have argued for their inclusion, tell them that they have been eliminated, struck by the lawyers on peremptory challenges (striking for no stated reason).
4. Round Four – Modern American jury duty apathy: Give the jurors a few minutes to come up with a good reason why they should not be included in the jury pool, if they have not done so already. These reasons should not be based on bias as much as inconvenience, other commitments, and so forth. Call on students whose characters may have the best reasons for being excused. If you are convinced by their reasons, allow them to be excused.
5. Round Five – No jury. The fate of the defendant will be left in the hands of one judge.

     V.          Wrap-Up [10 - 15 minutes]

 .       General Discussion. Ask the students which system they think produces the most just outcome.

                                              1.          How important is the jury in deciding the fate of the defendant?

                                              2.          How great of a difference can changing the jury composition make?

                                              3.          What happens when people choose not to participate?

                                              4.          What happens when the decision is left to the judge?

                                              5.          What responsibilities do people have when it comes to serving on a jury?

A.     You may want to revisit the characteristics of responsibility on the board. Evaluate and revise as necessary. The object is not to agree, necessarily on a definition, but to explore the concept and come to a greater understanding of what it means to be “responsible.”