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Right to Counsel Lesson Plan This lesson was written by David T. Naylor, Professor of Education in the Department of Curriculum and Instruction and Director of the Center for Law-Related Education at the University of Cincinnati.

Grade Level 7-9

Overview

In this lesson, students will look at the various dimensions of right to counsel. They will study how the meaning of this right has evolved over time with reference to specific landmark United States Supreme Court cases.

Time Requirements

45-60 minutes

Materials

• Handout 1: The Importance of Right to Counsel • Handout 2: Access to Counsel • Handout 3: What’s Your Opinion

Learning Outcomes

This lesson enables students to explore several dimensions of the meaning of the right to counsel. • It begins with a questionnaire permitting students to express their views regarding matters related to this basic right. • Students then explore what the right to counsel means and develop a list of reasons why the right to counsel is so important. • Next, students consider the meaning of “access to counsel,” including the Miranda decision. • They conclude with an examination of the role of the criminal attorney.

Background

The right to counsel is one of our most important rights. It lies at the heart of the adversary system. As with other salient legal concepts, its meaning has evolved over time. Originally, the right to counsel was narrowly interpreted to mean that those who could afford an attorney should not be denied the right to hire one. In addition, access to counsel at various stages of the criminal justice process was severely limited. The right to counsel was permitted at trial, but not proceedings before or after it. During the twentieth century, the right to counsel underwent significant change. No longer is the right restricted only to those who can afford it. No longer is it limited to adults. And, no longer is the right to counsel restricted to trial. Landmark Supreme Court decisions have significantly expanded our understanding of this basic right and assured its reality to all citizens, regardless of socioeconomic status. Some of those decisions have become veritable household words – Gideon, Gault, Miranda.

Lesson

1.

2. Begin the lesson by making reference to a current, preferably widely known, situation involving an attorney representing a client (e.g., a recent court decision, a trial, an arrest). Elicit reactions to that situation and attorneys in general. Then distribute and have students complete the exercise, “What’s Your Opinion?” (Handout 3) When students complete the exercise, use a show of hands to tally responses. Record results and select a few items for discussion. Have students share reasons for their choices. (Note: Save responses for use later in the lesson.)