December 3, 2001

AND JUSTICE FOR ALL
Examining Wartime Tribunals and Their Congruence with the American Justice System

Grades:  6-8,9-12

Subjects:  Civics, Current Events, Social Studies

Related New York Times Article
"Tribunal Comparison Taints Courts-Martial, Military Lawyers Say, By WILLIAM GLABERSON", December 3, 2001

Overview of Lesson Plan:: In this lesson, students compare three justice systems currently in place in the United States: the civilian criminal justice system, the military criminal justice system (courts-martial) and the secret wartime tribunals that President Bush has proposed by executive order. Students ultimately come to a conclusion about the legitimacy of the wartime tribunals in the American justice system.

SUGGESTED TIME ALLOWANCE:
1 hour

OBJECTIVES:
In this lesson, students will:

  1. Reflect upon what they understand about the United States criminal justice system.
  2. Explore the debate about whether the military tribunals ordered by President Bush bear resemblance to the courts-martial of the United States military by reading and discussing "Tribunal Comparison Taints Courts-Martial, Military Lawyers Say."
  3. Discuss the rights of citizens and non-citizens in the United States.
  4. Research the civilian criminal justice system, the military criminal justice system (Uniform Code of Military Justice) and the military tribunals proposed by President Bush; compare and chart their research
  5. Determine whether or not the military tribunals are congruent with the American system of justice.

RESOURCES / MATERIALS:

ACTIVITIES / PROCEDURES:
NOTE TO TEACHER: Prior to teaching this lesson, it will be important for students to understand both the courts-martial system and President Bush's Exective Order of November 13, 2001. (See the Background section of this lesson.)

  1. WARM-UP/DO-NOW: In their journals, students respond to the following questions, written on the board prior to class: "What are some of the basic principles of the American criminal justice system? What are the basic elements of the legal process for people accused of a crime? Is the process fair? Do you think that all Americans are treated equally under the criminal justice system? Why or why not?" After a few minutes, encourage students to share their answers.
  2. As a class, read and discuss " Tribunal Comparison Taints Courts-Martial, Military Lawyers Say," focusing on the following questions:
    1. Why are military lawyers angered with regards to President Bush's Executive Order?
    2. Who fed the public perception that the military tribunals authorized by President Bush are merely wartime versions of American courts-martial?
    3. How has the confusion over the courts-martial and military tribunals "unfairly denigrated military justice"?
    4. How do many commentators, politicians and civil libertarians characterize the President's military tribunals?
    5. What is one example given in the article of the similarities between standard military courts and civilian courts?
    6. What protections were missing from the "sketchy outline" of the tribunals proposed in the presidential order?
    7. Will hearsay be admissible evidence in the military tribunal?
    8. What does "probative value" mean?
    9. How might a "reasonable person" be defined?
    10. How has Alberto R. Gonzalez, the White House counsel, characterized the military tribunals?
    11. Why might the administration be fostering the confusion between military tribunals and a regular military court?
    12. What are some of the statements that both sides have been making that "may not be accurate"?
    13. When are courts-martial closed to the public?
    14. Under what circumstances did the United States last use military commissions? What were the results?
    15. Why are critics concerned about the military tribunals raising suspicions around the world?
    16. According to Edward F. Sherman, a former Army lawyer and former dean of Tulane Law School, "there would be questions around the world about whether these kinds of trials comport with the basic due process we expect in out legal system." What basic due process do Americans expect in their legal system?
  3. Explain to students that President Bush's executive order applies only to non-citizens of the United States. In a short, guided discussion lasting no longer than ten minutes, discuss with students whether non-citizens in the United States are entitled to the same protection under the laws as citizens. Create two columns on the classroom board, one labeled "Yes, Same Protections" and the other labeled "No, Not Same Protections." Note individual opinions about the issue in the appropriate columns.
  4. Divide students into six groups (or three groups, if your class is small) for focused research on the process and procedures of the three types of trials mentioned in the article: civilian criminal trials, military criminal trials (courts-martial) as outlined in the Uniform Military Justice Code, and the military tribunals authorized by President Bush's Executive Order on November 13, 2001. Assign two groups to each of the types of trials. Using all available classroom resources, students research the answers to the following questions (written on the board for easier student access):
    • What are the rights of the accused?
    • Who hears his or her case?
    • Who represents the accused?
    • Who comprises the jury?
    • Who decides upon the sentence?
    • Upon what grounds may death or life imprisonment be imposed?
    • What are the steps for appeal?
    After fifteen to twenty minutes, have the two groups focusing on the same type of trial meet and compare answers, clarifying any questions that remain.
    Next, group students into groups of three, each group including one member from each of the three larger groups. Give each of these smaller groups a piece of poster board and instruct them to create a chart that compares and contrasts the three systems based on their research. Discuss student findings in a future class.
  5. WRAP UP/HOMEWORK: Each student responds to the following question in their journals: "Are the military tribunals of President Bush's November 13, 2001 Executive Order congruent with the American system of justice? Use what you know about these tribunals, civilian criminal trials and the courts-martial system to support your answer." Students might debate their views in a future class.

DISCUSSION QUESTIONS:

EVALUATION / ASSESSMENT:
Students will be evaluated based on thoughtfully written journal entries, participation in class discussion and group research, and well-presented comparison/contrast posters.

VOCABULARY:
perception, tribunal, court-martial, longstanding, tainted, foolproof, kangaroo court, adequate, fundamental, sketchy, zealous, allay, proceedings, preliminary, saboteurs, omission, comport

EXTENSION ACTIVITIES:

  1. Research the case of Lori Berenson in Peru. What was the reaction of many United States citizens to her incarceration? Prepare a short documentary script to educate your classmates about the case.
  2. Imagine that you are a living in a nation that is in the United States-led alliance against terrorism. How do you think you might feel about the military tribunals? Write a letter to the editor of one your national or local papers stating your opinions. To understand possible foreign perspectives, research international opinion by reading English language editions of foreign papers (suggested sites include http://www.newsdirectory.com and http://www.ecola.com).
  3. What is extradition? What is due process? Make a glossary of pertinent legal terms for classmates to use when reading articles about national and international law and justice. Wherever possible, illustrate your definition with a short case study.
  4. Visit a court that is in session. Write a journal of your feelings about the proceedings. Were they fair? Was the outcome of your visit what you expected? Speculate upon how the case may have differed if the public were not allowed to be present. What if there were no jury?

INTERDISCIPLINARY CONNECTIONS:
Economics - One of the defenses of the military tribunals is the foreshortened time period for justice to be served. How long does a typical federal criminal trial take? How much does it cost to feed, medicate, shelter and clothe federal prisoners while they await their trials? How expensive is it to keep them in jail while awaiting sentencing and appeal? Graph the costs of a federal trial, using the trial of a convicted terrorist as an example from which to generalize. Speculate on the savings involved in using military tribunals.

Global Studies - Compare and contrast the systems of civilian and/or military criminal justice in three nations: a democracy, a dictatorship and a theocracy.

Language Arts - Read a piece of literature about the American civilian or military criminal justice system, such as "Inherit the Wind" by Jerome Lawrence and Robert E. Lee or "To Kill a Mockingbird by Harper Lee. How does the portrayal of the justice system compare to what you read or hear in the news today? Create a newscast or write a newspaper article about the trials in the book.

Technology - Imagine you are President Bush's cyber-spokesperson. Design a Web site that can be easily updated to include clarification about the issues related to the military tribunals. Alternatively, design a Web site that does not support the military tribunals.

Copyright 2001
The New York Times Company

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