Understanding Terrorism Cases
For use in a courtroom. Can be adapted for use in a classroom.
Overview
The purpose of this program is to help high school teachers prepare students to be knowledgeable consumers of media reports on how terrorism cases are handled in U.S. courts. The program sets the stage for understanding the role of the federal court system in balancing liberties and safety. This teachers institute can be translated easily into the courtroom and the classroom for student participants. For the purposes of offering a working format for a teachers institute, the participants are referred to here as teachers.
The session starts with the basics of the writ of habeas corpus because it is an issue found in many wartime cases, including modern-day terrorism-related cases. The debate provides an opportunity for students to get experience with balancing liberties and safety.
As a result of this program, teachers will be able to:
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- • Explain habeas corpus and other issues of balancing liberties and safety as they arise in the courts and are reported on by the media.
The program calls for the participation of:
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- • One host judge
- • Minimum of six lawyers (to assist and second chair members of the two debating teams)
- • Six teachers (at a teachers institute) or young people at a courthouse or classroom program), who agree in advance to study the materials (three teachers serve on each of the two teams)
The background materials include:
- • Brief tutorial on habeas corpus
- • Summary of precedent-setting cases
- • Summary of recent Supreme Court cases
- • Format and guidelines for an Oxford style debate
- • Talking points for the debate on Rasul v. Bush
Sample Agenda for Courtroom Program
Attorneys to go over the program together.
10 a.m. to 11:00 a.m.
Participants arrive in the courtroom.
11:00 a.m. – 11:15 a.m.
Program Introduction
11:15 a.m. – 11:30 a.m.
Welcome and Orientation
- Host judge joins the group after lunch (about 1:20 p.m.)
- Self introductions by volunteer attorneys and statement of their interest in the topic
- Announcements: courthouse logistics (restrooms, breaks, etc.)
- Overview of the program, learning objectives, classroom application.
Content Review (Volunteer Lawyers Handle Each of the Following Segments)
11:30 a.m. – 12:30 p.m.
Explaining the Oxford Style Debate Format
Volunteer attorney explains the Oxford style debate format. The attorney covers the following:
- The Question: Do the federal courts have jurisdiction to grant writs of habeas corpus to foreign detainees at Guantanamo Bay, Cuba, who challenge the legality of their confinement? More broadly, should the rights and liberties in the Constitution follow the U.S. military presence wherever it is?
- Role of the Chairperson (the judge)
- What happens in each Section of the debate.
- Role of the audience in Section 3.
- General rules (i.e. no one may make more than one speech in the debate)
Break and Organizing the Debate Teams
Questions
12:30 p.m. to 1:30 p.m.
Box lunches are provided for the attorneys and teachers so that they can prepare.
- While the large group takes a break, the attorneys match up (according to each attorney's preparation) with the six teachers who have previously volunteered and prepared in advance. The attorneys have selected in advance which question they wish to work on with a teachers. Each attorney/teachers works on a different question for either the Affirmative Team or Negative Team.
- The teachers participate as speakers in a modified Oxford Style debate of the key issue put before the U.S. Supreme Court in Rasul v. Bush. The Affirmative Team supports Rasul's claims and the Negative Team supports the government's (President Bush being the named party).
- Suggested talking points are provided to start the preparation. However, the arguments don't have to be limited to those offered in the materials. The volunteer attorneys assist the teachers with their arguments.
Judge Arrives in the Courtroom at 1:20 p.m.
Oxford Style Debate (See Guidelines)
1:30 p.m. - 2:30 p.m.
The judge welcomes everyone and presides over the debate. During the debate, the teachers who do not have official speaking roles make up the audience. The audience has 30 minutes during Section 3 of the debate for participation – adding their comments and questions.
Break
2:30 p.m. - 2:45 p.m.
Decision
2:45 p.m. – 3:00 p.m.
After the break, the judge asks the audience to vote for the winning team – the Affirmative team or the Negative Team, based on its cumulative effectiveness on all three questions. The judge makes his decision independently and announces his decision.
Debriefing
3:00 p.m. - 3:45 p.m.
The judge and lawyers debrief the exercise with the teachers. The focus of the discussion is on the federal courts' role in balancing liberties and safety. The judge talks about his experiences with these issues.
Pictures and Adjournment
3:45 p.m. - 4:00 p.m.
The program is adjourned and teachers take pictures with the judge and attorneys. |
