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Crime and Punishment:
  Exploring the Concept of Justice Through Multiple Genres 

Tina DiChiara 

Introduction 

This is a four-week thematic unit of study for the eighth grade in which students comparatively explore the theme of “justice” through activities centered around various texts.  The focus will be on criminal injustice and the possible reactions to it, including revenge, retribution, rehabilitation and restoration. 

Students believe that when a crime is committed, the offender, if caught and “brought to justice,” pays by doing time in prison.  But that is only one outcome within one system which operates institutionally in America.  Other responses do exist, although they may not be mainstream ideas (as in restorative justice), nor might they be legal (as in revenge).   

We will examine the many faces of criminal justice by reading about characters whose experiences have led them to question what justice is or what it looks like.   Through their stories, we will learn about the drawbacks and/or the benefits of each to the offenders, the victims and to the communities in which the crimes were committed. 

To approach the concept of revenge, we’ll discuss its history through literature, mythology and the media.  We’ll also connect to how revenge plays out in cultures, such as that of gangs. Retribution will be examined by how the criminal justice system works.  Testimonials will be examined as to how a crime and its aftermath affected all those involved. The process of rehabilitation will be presented by having current juvenile offenders visit the classroom and describe their situations. 

Circle Justice is a form of what is known as “restorative” justice, a concept whereby the goals of sentencing are to restore the community, the victim and the criminal back to health by building on the values of honesty, respect, and sharing.   It is a collaborative effort, made by all those involved in the crime and any other concerned members of the community.   

The unit will use Circle Justice as its centerpiece for the purpose of adding to and broadening students’ base of knowledge about alternatives to the mainstream idea of what justice “looks like.”

The Academic Setting 

School Setting 

Garfield Middle School is located in the North Valley within Albuquerque, New Mexico. It is a Character Counts school, which is a program that emphasizes the value of striving for certain qualities in one’s character, including “fairness,” which strongly connects to this unit.  

        Garfield Middle School is a bilingual school, offering English as a Second Language classes to all students who qualify.  It has a significant number of students who are recent immigrants from Mexico, having arrived within the last 4 or 5 years. 

        The school is located in an area that is known for heavy gang activity, although a majority of the students do not identify with these gangs.  It is common, though, for students to be involved through a generational connection.     

Students 

Annually, Garfield Middle School registers close to 650 students, which is small compared to other middle schools.   

        The school year 2001-2002 showed that the ethnic make-up was as follows: 

Ø       82.1 %    Hispanics

Ø       12.9 %    Anglo

Ø       3.3 %    Native American

Ø       1.2 %    African American

Ø       .5 %    Other

          Roughly 73% of students qualify for free or reduced lunch, which makes Garfield eligible to receive Title I funds to address literacy deficits. 

Class Setting 

This unit is most appropriate for an 8^th grade Language Arts or Social Studies class.  In New Mexico, 8^th graders learn mostly about U.S. History and this includes civic instruction. 

        Garfield Middle School makes a commitment to have no more than 20 students in each language arts class, so that is the number of students in mind, although there’s no reason it can’t be implemented in a larger-sized class. 

        Each class is a block of 88 minutes, so each lesson plan is designed for that amount of time.

Context and Background 

Rationale 

The need to address issues of justice is one of great import at the middle school level.  Daily, the staff deals with mediation between students who too often take matters of “justice” into their own hands by honoring an unspoken code of revenge.    

Loyalty among certain circles drive many to “stand up” for their buddies and “do the right thing” while parents instruct their children to “fight back” and “don’t let them push you around.”   

Students rarely seek mediation as an alternative, and if they do, mediation is not taken seriously because of how it may be implemented.  Many students refer to the mediation process as “a joke,” therefore, they do not view it as an avenue toward justice in any given situation.  In examining alternative reactions in the face of injustice, they may question their own interpretations and think more broadly about the concept. 

Justice is also a great theme to explore at the middle level, because developmentally, children at this age are making the transition from thinking concretely to the more abstract.  Fairness is a very black and white concept to them, and this theme may help facilitate their consideration for the “grays” in between.  We enter into the unit asking the question, “What does justice look like?” and at the end, we have ten more questions that beg our exploration! 

Subject Background

The Four “R’s” of Justice 

When a person or a group is violated in some way, the desired response may be an impulse toward one or more of the following outcomes (aside from no reaction at all):  

Ø       revenge   

Ø       retribution  

Ø       rehabilitation    

Ø       restoration. 

Revenge, which includes vigilantism, is the act of taking justice into one’s own hands.      Many students call this, “eye for an eye,” without knowing the history of the term or having a knowledge of its implications. 

Retribution, according to the American Heritage Dictionary, means “something given or demanded in repayment, especially punishment.”  The western legal system is based on this idea, as it encourages human rights and the rule of law.   Sentences are exacted for the purpose of punishing the offender to the degree with which it fits the crime.  In legal terms, the crime becomes a violation of the state, rather than the victim(s).  Rehabilitation is based on the belief that one may have the potential to change his or her behavior or way of thinking through therapy or education.

Restoration promotes individual and societal healing.  Its main objective is to restore whatever was lost to the victim, the offender and the community.   

We’ll be exploring the history of all four concepts of justice and how these notions currently or may have the potential to play out in our lives.   

Revenge

“Vengeance is mine; I will repay, saith the Lord”
-Romans 12;19 

Inherent in the word “revenge” is the notion of justice, usually violent, meted out by, or on behalf of, the victim of a wrongdoing against the perpetrator.   

Revenge is a common theme throughout literature, with its earliest depictions taking root in ancient and classical works, and notably, that of religious texts.   

 Some myths to consider: 

Ø       Hera disguises herself to Zeus’ lover, Semele, and tricks her into forcing Zeus to kill her.

Ø       Artemis exacts revenge on King Calydon for not honoring him with a sacrifice.  He sets a rampaging boar loose to ravish the King’s land.   A posse of heroes go after the boar and kill it, and a chain of events is set forth beginning with the question of who deserves the reward for killing it.  Many die as a result of individuals avenging loved ones who’ve been killed in the argument.

Ø       When Cassiopeia boasts that she is more beautiful than the nymphs, Poseidon takes revenge by sending a flood and a sea monster to ravage the land.

Ø       The Etruscans had their own god of revenge, named Veive.

Ø       Vidar avenges his father’s murder and becomes the Norse god of revenge. 

Ø       The Furies were goddesses of revenge, punishing those who defied or escaped justice.  They pursue the guilty until they’re driven mad.

Ø       Aphrodite takes revenge on the women of Lemnos for failing to honor her, cursing them with a foul odor.  The women decide to exact their own revenge by killing all of Lemnos’ men.

Out of Rome, came the playwright Seneca, who set the standard for “revenge tragedies.” William Shakespeare was influenced by this genre, as is evidenced in his plays, Hamlet and Titus Andronicus.  Basically, a character in each revenge tragedy is grievously wronged by a powerful figure and has no recourse to the law.  Hence, an act of vengeance is committed in spite of the consequences.  The characters were always written such that they would have the sympathies of their audience.  It’s interesting to note that during the time of the revenge tragedies, the idea of revenge went against the political authority of the state.  Revenge was considered a sin and the avenger’s soul would be in jeopardy, but audiences loved it anyway.

In contemporary literature, and especially the cinema, the revenge tragedy shows itself repeatedly.   There are certain elements of revenge that seem to be common denominators in its literary depictions.  For instance, the “hero” is usually compelled by a sense of alienation from the larger society, as well as a need to uphold some sense of honor.

      In every civilization, there have been times when the people felt justice was somehow being denied.  Coupled with a sense of powerlessness and rage, vigilantes would take matters into their own hands, no matter what the cost.  Occasionally, and within certain cultures, vigilante justice was tolerated, and had even found its way into folktales (e.g. Robin Hood).

The modern-day media does an apt job perpetuating the hero-avenger, as is evidenced by such films as The Magnificent Seven, Rambo, and Dirty Harry.

Gangs and “Retaliation”

"From ancient grudge to new mutiny.  Where civil blood makes civil hands unclean."  

                                                                          - William Shakespeare, Romeo and Juliet

Students will connect revenge with gangs by hearing the word “retaliation.”  Even students who have no experience with gangs understand the term because it has become part of the media vocabulary.  Often times, young people get their first exposure to gangs through the media or through the language of some music genres.  

Gangs have been around since, perhaps, pirates roamed the seas looking for ships to loot.  Here, in New Mexico, they’ve been in some of the older neighborhoods since the 1950’s.  They go back at least 3 or 4 generations.  A great portion of a gang member’s time is spent doing the same things as ordinary young adults do; hanging with friends, family, attending church, and shopping.  However, a very small portion is spent engaging in illegal activities, including drugs, robbery.

Retaliation fits into this picture when a gang is insulted in some way.  It could be a tag (graffiti marking a gang’s territory or honoring a fallen member) that was defaced by a rival gang.  It could be payback for the death or injury of a member by a rival gang.  It could be a drug deal gone bad or even a response to a verbal or nonverbal slur, real or perceived.  Fear is respect.   If someone demonstrates a lack of fear, that is considered an act of disrespect.   The act of retaliation is, quite simply, the act of upholding one’s honor or “standing,” or upholding the honor of the group. 

Rehabilitation 

    “The criminal court for child offenders is based on the doctrine of fear, degradation    
     and punishment. It was, and is, absurd. The Juvenile Court was founded on the   
     principle of love. We assumed that the child had committed not a crime, but a mistake,
    and that he deserved correction, not punishment. Of course, there is firmness and
    justice, for without these there would be danger in leniency. But there is no justice
   without love.”

                                          -Judge Ben Lindsey, the founder of the Denver Juvenile Court

The criminal justice system focuses on the answers to these questions:
What laws were broken? 
Who is responsible? 
What punishment do they deserve?  

Juvenile justice deals with other questions, due in large part to its history- questions such as:

How can we protect the child?
How can we reform the child? 

While programs exist within this system that may be restorative or reformative by nature, they must subsist within the confines of the mainstream judicial process.  If a juvenile is convicted of a crime, they must be adjudicated, detained and be made to serve a prescribed amount of time under the state’s “care.” 

The History of the Juvenile Justice System in America

In the early 19th century, juvenile offenders were treated no differently than adult criminals.   Child labor ran rampant among the lower classes and many children did not attend school.  If they did, they only went to grammar school, where they learned rudimentary skills in reading, writing and math.  Children 14 and older were considered to have moral capacity enough to be held accountable for their actions.   Many children were executed, even though it was noted, by many at the time, that they did not comprehend the situation.  There were also children under 14 who somehow made it into the prisons and some of those children were either executed or died in captivity.  These stories gained momentum among the public, who increasingly expressed outrage. 

In one such account (Streib, 1987), a 12 year-old slave was convicted of murder and given the sentence of death by hanging.  While waiting for the execution, the child acted out the trial using mice as the players.  Observers gave their account of how obvious it was that the child did not understand the severity of his situation, believing it was some kind of game.    Jury nullification became common as more and more children were acquitted as an alternative to harsh punishments spelled out by the courts. 

Progressive reformers, such as Jane Addams, founder of Hull House in Chicago, mobilized to stop the abuse of children within the criminal justice system- just one of many issues regarding their welfare.

Many of the children acquitted by jury nullifications were admitted to poorhouses set up by Quakers in New York City.  The Quakers required them to work and attend school (the first reintegration program?).   

One gentleman sued the state of Pennsylvania saying it was illegal for the court to override his parental rights in dealing with his daughter, but the state’s Supreme Court denied the writ and it is now considered the origin of the court’s justification for acting in the best interest of the child.  The “doctrine of parens patriae,” as it is known, means, literally, the “father of the country.”            

The House of Refuges set up by the Quakers slowly became more punitive by nature and they soon became the earliest models of what are now referred to as “reform schools” and juvenile detention centers. 

By the middle of the 19^th century, the goal of the reformatories was to minimize court proceedings, teach values, instill character and discipline. 

In response to the rise in jury nullifications, Illinois created the first juvenile court separate from the adult criminal justice system in 1899.   It was located directly across the street from Addams’ Hull House, whose advocates informally approved the appointment of judges.  

The 1899 Illinois Juvenile Court Act

Ø       reinforced the courts jurisdiction over children charged with crimes, as well as orphans and children abused or neglected 

Ø       defined offenders as “delinquents” as opposed to “criminals”

Ø       put offenders on probation rather than put them in adult prisons

Ø       made proceedings private and made the names of offenders confidential 

The progressive reformers’ ideal of the juvenile justice system was that of a process of rehabilitation.  They viewed the child as being a product of his environment and if they could change the environment, they could change the child. 

In the 1960’s, the political left and right began to argue over the fact that juvenile courts were too informal.    Also, the entire rehabilitation aspect of incarceration came under scrutiny, as its opponents pointed to the high rate of recidivism and the rise in juvenile delinquency.  Conservatives argued the juvenile courts needed to be more formal in their proceedings.  In a case brought before the Supreme Court in 1966, Kent vs. the U.S., it was decided that a trial judge had denied a defendant due process of law as a result of the court’s informal proceeding and processes.  The same year, in In re Gualt, it was decided that juveniles had the same protections under the 14^th amendment as adults.  This brought the juvenile court system a hair’s breath closer to being as formal as the adult criminal court system, taking one step back toward its historically more punitive nature. 

The differences between today’s juvenile court system and its adult criminal version seem to be a result of the Supreme Court’s conflicting ideas on due process of law when considering the age of offenders.   This has created a duality within the juvenile justice system- that of ruler of law and that of social worker.  One legal practitioner goes so far as to call the juvenile courts the “bastard child” of a torrid affair between both professions. 

Differences Between Juvenile and Adult Criminal Justice Systems: 

Ø      The ideal goal of juvenile court is to protect and rehabilitate rather than to punish.

Ø       Juveniles can be detained for certain things that are not considered “criminal” for adults, such as possessing alcohol.

Ø       Juvenile court proceedings are somewhat informal and private.  Criminal court proceedings are not.

Ø       Families are more often involved in juvenile cases.

Ø       Adults have a right to a jury trial, while juveniles do not.

Ø       Juveniles can be searched without a warrant or without probable cause.

Ø       For juveniles, there is no death penalty.

Ø       An adult’s records are permanent, while a juvenile’s record is sealed upon reaching adult age. 

In the 1990’s, there was a refocus within the juvenile justice system on deterrence.  Also, there’s a sad irony in the growing trend of states charging juveniles as adults for serious crimes in that recent cases echo that of  the 12 year old slave from two centuries ago.   One such case is that of a Michigan boy who was 11 years old when he shot and killed someone.  He was deemed to have the mental capacities of a 7 year-old and yet, he was charged as an adult.   

Retribution 

"...the state all men are naturally in, and that is a state of perfect freedom to order their actions and dispose of possessions and persons as they see fit. Civil authority is a proper remedy for the inconvenience of the state of nature. Every man or government is in a state of nature when there exists no civil authority to settle a dispute between them. They have not surrendered themselves to a common judge."

-John Locke in “Treatise on Law and Government,” 1690
 

Retribution is the outcome desired in America’s legal system.  You do the crime, you pay the time, as it is known to students.  When a crime is committed, the questions to be answered are: 

What laws were broken?
Who broke the laws?
How will they be punished? 

When a crime is committed, and it is processed through the criminal courts, it officially becomes an offense against the state, rather than the victim or victims.  There are rehabilitation programs within the penal system, and serve as qualifiers for release from the facility or from probation. 

Retributive justice can be traced back to Biblical times (Sterling), as in the Old Testament (Exodus 21:24), where the “eye for an eye” quote comes from.  It’s all about proportion- payback should equal the harm caused.   Also found in the Bible is the reference to a requirement that there be witnesses (Deuteronomy 17:6), and the concept of penalty by death (Deuteronomy 17:12-13). 

The Romans, who many attribute the structure of modern law to (Sterling), were different from the Christians and the Jews in that they did not think of man in relation to a Creator.  Rather, their world-view was unitary, making each law relative and without some kind of fixed eternal principle.  Although some believe this ideology served the “system” well (keeping social order), the end result was far from what many believed to be “justice.”  It mainly upheld the idea of “absolute power of the state” and had little to do with morality or whether the outcomes were “just.” 

During the 13^th century, moral guilt began playing a hand in jurisprudence, when the reformed ideas within the Catholic church resurrected such concepts as “fault” and the existence of a “guilty mind.”  These principles found their way into English Common Law.  The American colonists were influenced not only by English Common Law, but also by John Locke’s “Treatise on Law and Government,” which proposed the idea that the nature of man is that which needs some type of external restraint, such as laws. 

For the last three hundred years, the ideas of two particular men have remained the most significant influences on modern law.  A legal scholar by the name of Sir William Blackstone and a legal reformist named Jeremy Bentham   were contemporaries around the turn of the 19^th century in England.  They had very different philosophies, yet their ideas eventually influenced the creators of the Declaration of Independence and the U.S. Constitution.   Justice was now to be considered “retributive,” explicitly.  Their writings also proposed that an effective justice system would declare what is right and correct what was wrong (Sterling), among other things. 

During the colonial period, enlightenment philosophy gave birth to jury nullification, which took much of the judicial power away from leadership and put it in the hands of the people, to a point.  As John A. Sterling, a prominent legal scholar puts it, “The power of the judge was balanced against the power of the jury; the citizen against the state; the state against the federal government.” 

Oliver Wendell Holmes, a Supreme Court Justice in the 1800’s, was the first to enforce the idea that criminal intent was irrelevant and that if a law is broken, the punishment should serve as a deterrent to others. 

Restoration 

For centuries, Native Americans have practiced a tradition where members of a gathering pass a talking stick around in a circle to signal whose turn it is to contribute to the discussion at hand.  Whoever has the stick has the undivided attention of the others and can speak without interruption.  This helps to keep a natural and unforced pace to the discussion, while at the same time ensuring the opportunity for all to contribute.  Through consensus-building, the group decides on a course of action which may hold the promise of healing for those involved, as well as the community. 

Justice Circles gather together all those involved in a criminal case, along with any concerned community members so that all may contribute to an exploration of the pain and damage the criminal act has brought to the community.  This is done within an atmosphere of respect, even for the offender.  The goal of this particular type of talking circle is to come up with ways, again, through consensus-building, for those involved to restore to the community what was lost as a result of the criminal act.  It focuses on the healing of the victim, the victim’s family, the offender, the offender’s family, and the community. 

Circle Justice is one form of what is called “restorative justice,” a movement whose goal is to promote and facilitate communal healing in the face of violence.  The structure of a Justice Circle is such that participants sit in a circle facing one another.  The circle symbolizes equity for all, connection and inclusion. 

The circle process typically involves four stages:

·          Acceptance – The community decides if the case is appropriate for a Justice Circle.

·          Preparation – Special interest circles are formed to prepare for the big one.   Issues and concerns are addressed, and supporters are identified.

·          Gathering – All parties are brought together to express feelings and concerns and to build consensus on acceptable solutions to issues that arise having to do with the offense.

·          Follow-up – Regular communication and check-ins are used to assess progress and adjust agreements as conditions change.

Keepers facilitate the process, and they set the tone of respect and hopefulness throughout.  Keepers are responsible for communicating these basic principles of Circle Justice:

·          Everything that comes up in the circles stays in the circles.

·          Everyone speaks with respect for others and their words.

·          Everyone must actively listen

·          All members must commit for the duration of the circle.

The Keeper acknowledges, through ritual, the sacredness of the space.   The culture from which this process derives from makes this way toward justice more of a spiritual one, which is probably why it has not quickly taken root in mainstream society.  This is much more of a holistic approach to justice, and its nature demands that all spiritual experiences be respected.  Our criminal justice system does not even hold in it the vocabulary of the spiritual realm.

In many states, Circle Justice is taking root within the criminal justice system.  They work with state institutions to facilitate bringing together the community, the victims, the offender, and the families of those involved and they deal with the many issues that lead up to the crime.  Those involved are vested in the hope that mutual responsibility will promote the healing and well-being of all. 

Implementation  

Throughout this unit, students will interact with the content, engaging in activities that promote many aspects of literacy, including reading, writing, speaking, viewing and listening.  A variety of texts will be used and many opportunities will be afforded students to express their views and demonstrate their knowledge and synthesis of this subject.  The unit focuses on two novels, numerous news articles, short videos, guest speakers, and drama to explore the theme of justice from multiple perspectives.    

Assessment

 

Students will be evaluated using a number of methods:

1. Learning logs

2. Oral presentation

3. Group participation

4. Class participation

5. Quizzes- short answer, multiple choice, matching, etc.

    These will be given to the reading circles.  They will test knowledge and

    comprehension, while engaging them in applying and synthesizing what they learn.

6. Poetry in response to discussions

7. Application of direct instruction

 

Objectives

 

Students will:

Ø       acquire knowledge regarding multiple perspectives of the concept of justice.

Ø       distinguish between different ways justice is perceived and carried out.

Ø       record their thoughts, concerns, questions and ideas regarding themes of the unit.

Ø       express their ideas on the essential questions of the unit.

Ø       analyze texts with regard to the themes of the unit, by contrasting, comparing, sequencing and identifying cause and effect.

Ø       read, view, listen to, and draw connections among various texts on the subject.

Ø       construct a poem as an expression of what was learned or discussed.

Ø       participate in a play about the subject.

Ø       participate in a mock justice circle.

Ø       interpret information from various case studies.

Ø       defend their own interpretations of justice as it applies to their school.

Ø       produce their own system of justice in the form of a handbook.

Ø       orally summarize their ideas before an audience.

Ø       develop their abilities in the use of abstract principles.

Unit Overview 

Essential Questions:
What is justice- what does it look like?
What is revenge- what are its goals?
What are the motivating factors behind acts of revenge?
Can a case be made for revenge as a means of justice?
What is retributive justice- what are its goals?
Do criminal justice cases always end justly?
What is the difference between adult and juvenile criminal justice systems, and why do the differences exist?
What is restorative justice- what are its goals?

Week 1- Justice, Revenge
Day 1: Anticipatory set, freewrite, video, discussion, direct instruction
Day 2: Freewrite, video, discussion, direct instruction, discussion, shared reading
Day 3: Read-aloud, class play
Day 4: Guest speaker, freewrite
Day 5: Found poetry

Week 2- Retribution, Rehabilitation
Day 6: Freewrite, video, discussion
Day 7: Reading circles, direct instruction
Day 8: News article response, reading circles
Day 9: Group response to news articles, reading circles
Day 10: Group response, reading circles

Week 3- Restoration
Day 11: Discussion, reading circles
Day 12: Direct instruction, activity, reading circles
Day 13: Direct instruction, justice circle, reading circles
Day 14: Justice circle, reading circles
Day 15: Reading circles, class discussion, weekend homework

Week 4- Synthesis
Days 16-19: Final projects
Day 20: Oral presentations, closing discussion

Unit Plan
Week One: Justice, Revenge
Day 1  

Freewrite

Students will respond to the following writing prompt for their Learning Logs:

 

1. First, give your definition of the word “justice,” and include an example that illustrates

    your definition?

 

2.  Have you ever been treated unjustly? If you can’t recall, then tell of an experience you

    may have had where you felt justice was not served.  If you can’t think of anything,

    consider the experience of a family member, a friend, or perhaps a news report you

    saw about someone who was treated unjustly. 
 

Video
Students will view a video showing students and staff answering an “on the spot” question of “what is justice?”   

Discussion
Students will share their own responses. 

A list of “justice” terms and definitions will be generated on poster board, written in one marker color.  As we continue for the next couple of weeks, our definitions may evolve, so we’ll use a different color each week to create a colorful representation of our class view of what justice is, showing how it may have changed or evolved over the course of the unit.

Some questions to present:

What does justice look like?  What does it mean for a person to act fairly?  How about a fair school?   A fair community?   A fair government?  A fair legal system?

 

Direct Instruction

Introduce the concept of “justice” as defined by the American Heritage dictionary: 

Ø      justice

         1. The quality of being fair

         2. The principle of moral rightness; equity

         3. The upholding of what is just; esp. fair treatment and due reward in accordance with honor,             standards, or laws

         4. The administration and procedure of law

         5. Conformity to fact or sound reason

         6. To treat adequately, fairly, or with full appreciation

 Add these to the poster, if they’re not there already.

We’ll discuss our terms and I’ll then introduce what the unit is about, what the learning goals are, how students will be assessed, and the vocabulary words we’ll need. 

Unit folders will be distributed and students will be required to keep all handouts and work in these folders. 

A list of vocabulary words with room for writing in a definition and a couple of sentences will be distributed.  We’ll go over them, briefly.  They will be referred to throughout the unit and students will be required to fill in the blanks as we go along. 

Day 2

Freewrite
Writing prompt for Learning Log:

1. What is revenge?

2. What does revenge look like? Give an example. 

3. Write about a time when you felt you needed to get revenge on someone or perhaps a group of people. If you can’t recall an experience, think about a situation in a movie, or a book where someone gets revenge in some way, and describe it.  Or perhaps someone you know may have been involved in an act of revenge.  

Video
Students will view a video of familiar faces from the school answering the same questions. 

Discussion
Students will then share their own responses to the questions.

Direct Instruction
A short lecture will be given about where the idea of revenge presents itself in classic literature.  Much fanfare will be given to that of the great myths involving gruesome methods of revenge.  Religious texts will be quoted, and references will be made to Shakespeare and that of the 17^th century “revenge tragedies” (see “Context and Background”).  

Discussion
The question will then be posed, “What if we decided to get rid of our criminal justice system- no courts, no jails, no police, and we just decided revenge was the way to go?”

Bring gang culture into the discussion by suggesting that revenge or payback is part of that culture.

 

Shared Reading

Distribute copies of “Cassandra” to students.  The class will read it together and students will be asked to respond to it, in their learning logs, for homework.

“Cassandra” is a short story written by A. Bonadonna-Lupo.  The writer describes the pain and frustration of having lost her sister, who was murdered and whose killers escape prosecution.   The alienation and powerlessness she feels at having been excluded from the criminal justice process drives her toward a desire to avenge her sister’s death.   Ironically, her father beats her to it.   His motivations stem more from guilt rather than powerlessness.    The story deals with many aspects of justice- the fact that criminal justice excludes the families of those involved, creating a sense of powerlessness, and the emotions leading up to an act of revenge as well as the aftermath.

The story ends on a positive note, as the main character finds redemption in the care of her sister’s child.  

 

Day 3

 

Read-Aloud

Edgar Allen Poe’s “The Raven” will be distributed and readaloud.  A discussion will follow and the theme of “guilt” will be approached.   Later, it will be connected to the short story, “Cassandra.”

 

Class Play

After the Poe poem, mysterious paper bags will be distributed to groups. They must explore the contents of the bags, which are clues to the play we’re about to learn about and perform.   They must come up with guesses as to the characters involved, the plot and the setting.   Correct guesses are listed on the board and items are addressed one by one.

 

The play is Hamlet, so suggested clues can be items that have to do with ghosts, castles, a snake, kings and queens, a bloody sword, a funeral, a wedding, love, two families, royalty, madness, the letter Polonius gives the the Queen telling of Hamlet’s love for Ophelia, some ornate jewelry, a play (the play Hamlet directs), wildflowers, a bottle with a skull label, or a goblet.

 

Note: For time’s sake, the version that will be used in this unit is included in Scholastic’s “Shakespeare in the Spotlight,” a somewhat watered-down version of the play.  But it will suit our needs for the study of revenge and its many motives.

 

Copies of the play are distributed and roles are discussed along with the setting and the context of the play in relation to our theme.   Guidelines are given, roles are chosen and costumes are supplied (crowns and such).

 

The play is acted out in 13 short scenes.

 

Students are given a graphic organizer that has a list of all the characters that were involved in an act of revenge.  They must list the motivations each character had for exacting the revenge.  They can take this home and complete it there.

Day 4

 

Guest Speakers

Visitors from the Juvenile County Detention Center will visit and tell about gang life with the focus being on the many reasons why gang members retaliate.  They will be asked to talk about the reality of what comes with it.  Students will be told beforehand what the focus will be and they will be told that they may ask questions having to do with retaliation (otherwise, they will get caught up with the romance of gang life).

 

Note: There is a program in Albuquerque that brings detainees into the classroom to educate young people on the realities of the system.  Contact the juvenile justice authorities in your area to see if there are any outreach programs.

 

Freewrite

Students will be asked to respond to the visit and everything presented throughout the week regarding “revenge” by first writing their thoughts in their Learning Logs and then by sharing with the class.

 

Day 5

 

Found Poetry

In response to everything that’s been discussed and learned about revenge, students will  be asked to construct a poem using sheets of words that are related to the theme or revenge.  They will cut and paste the words into stanzas that relay an idea or a feeling about revenge.  Models will be given and students will be allowed to write words in between their given words to complete thoughts and ideas for the poem.

Students will also be encouraged to include pictures that go with their poems.

 

Week Two: Retribution

 

Day 6

 

Freewrite

Students will be given the following prompt:

1. Do you know anyone who is currently in prison or the juvenile detention center? 

2. Do you believe that when someone is convicted of a crime, the sentence they receive is

    probably always fair?  Why do you believe this?

3. What do you know about where laws come from?

 

Video

A video of staff and students will be shown answering the same questions.

 

Discussion

Students will share their responses.

 

Novel Anticipatory Set

The novel Holes, by Louis Sachar, is about a teenager who is charged with a crime he did not commit.   He is sent to a detention center in the middle of a dessert and made to do hard labor among other juveniles who treat him poorly.   Along the way, he teaches one of the other detainees how to read and escapes from the evil warden, who threatens his life.  He survives against great odds and as a result, he begins to think of himself in a whole new light.

 

Reading Circles

Beginning on this day, half the block will be whole-class activities, while the other half will have students meeting in reading circles.  They will read chapters of the book together, completing certain tasks such as answering questions. 

For homework, they will read additional chapters.

Holes, chapters 1-6 (they’re short chapters)

 

Day 7

 

Direct Instruction

A mini-lesson will be presented on the origin of laws and the difference between the juvenile justice system and the adult justice system.  Students must complete a visual organizer that compares and contrasts the two (see “Context and Background”).

 

Reading Circles

Holes, chapters 7-12

 

Day 8 

Reading Response
Students will then be given a news article to read and respond to for homework.  The homework will be read aloud and students will be asked if they understand the assignment. 

The news article should be about a case that raises questions about whether or not justice was truly served.  It should provide enough context so that students will have knowledge of the larger issues surrounding the case.  For instance, if there was a 13 year-old being charged as an adult, it should provide some information about the controversy surrounding such an issue.   The article should also elicit the type of response that appeals to students’ sense of fairness.  This, hopefully, will promote more abstract thinking.  (See teacher resources for news archive websites). 

Websites for news stories:
http://www.newsindex.com
http://www.newslink.org
http://www.findarticles.com
http://www.thepaperboy.com

Students will be asked to respond to the following questions:

Ø       Who is the story about?

Ø       What is the main event that is being reported about?

Ø       What is the setting for this news report?

Ø       When does this newsworthy event take place?

Ø       List the sequence of events that the story reports about involving this person.

Ø       Why is this report newsworthy? 

Reading Circles

Holes, chapters 13-18

 

Day 9  

Group Response

In groups, the students will discuss the article.  They will be asked to focus on whether or not they believed the punishment fit the crime and they’ll present their comments to the rest of the class.  If they perceive the punishment to be unfair, they must present an alternative sentence and explain their reasoning as a group. 

Groups should be no larger than 4.   Each person in the group will have a role; the recorder writes down important points made by members, the checker will make sure members stay on topic, the keeper will make sure everyone speaks and listens respectfully, and the reporter will summarize the group’s discussion using the recorder’s notes. Each group will present their ideas.  Some will agree with the punishment, perhaps, while others may come up with alternative sentences, which we’ll record on another poster paper, to be referred to later. The reason students are asked to provide an alternative sentence is to encourage thinking “outside the box” in anticipation of discussing “restorative justice.” 

Reading Circles
Holes, chapters 19-24 

Day 10
 

Group Response
Next, we’ll talk about “crime and punishment” within the context of our own school.  In pairs, students will use copies of the Student Handbook to fill out a visual organizer that shows what happens when rules are broken (cause and effect, sequence of events). 

In the first column, put the heading “Crime” and then list a series of infractions from the handbook (see example below).  Make sure you run the gamut, beginning with the least severe infraction to the most severe, using the values the handbook communicates. 

In the second column, put the heading “Punishment” and this is the column that students have to fill in using the information in the book.   

In a third column, make the heading “Justice” and this is where students can add their alternative consequence if they don’t agree with the institution’s punishment.   

EXAMPLE:

Crime	Consequence	Justice
Dress Code Violation             (first time)                      Dress Code Violation            (second time) Tardy (first)    Tardy (second)                       Tardy (third)                             Verbal Assault (first)             Verbal Assault (second)

Reading Circles

Holes, chapters 25-26

Novel will be completed over the weekend.

 

Week 3: Restoration 

Day 11

 

Discussion

Students will engage in a discussion about the novel Holes, as it applies to our theme of justice.   

Suggested questions for exploring Holes:

 

1. How does Stanley's character change while he is at Camp Green Lake?   What are the                                         reasons for the change?

2. Holes covers three distinct periods of time. How do times change, what things stay the same throughout different decades?

3. How are Stanley and Zero influenced by fate? In what ways do Stanley and Zero act that shapes their own destiny?

4. How does the concept of justice play out for Stanley by the end of the novel?

The novel’s ending provides an excellent segue into the concept of restorative justice. 

Novel Anticipatory Set

Touching Spirit Bear, by Ben Mikaelsen, is about a troubled teenager who commits a grave injustice by beating a weaker boy at his school.  Feeling no remorse and blaming everyone else for his situation, he awaits his sentence, only to be confronted with a choice of either going to the detention center, or taking part in a restorative justice program.  He agrees to the program, with the intent of escaping the first chance he gets. Through Circle Justice, it is decided that he’ll be exiled to a remote island, where he’ll be forced to fend for himself.  Things don’t go as he plans, and his experience on the island takes him on a journey of self-discovery and compassion. 

Reading Cirlces
Touching Spirit Bear, chapters 1-6 (short chapters again) 

Day 12 

Direct Instruction

Students will review the texts up to this point and consider the concept of “restorative justice,” which is a system of justice that focuses on restoring what was lost as a result of a given crime (see “Context and Background”). 

Here are some examples of restorative justice in action:

Ø       A young man stole his father’s credit card and charged $1,000 on it.  With the support of the circle, he apologizes, turns over his tax refunds to his dad and does community service at a local church. 

Ø       Inmates from a woman’s prison help build a Habitat for Humanity home for a family.

Ø       A dozen 5^th graders do home repairs worth $12,000 on a house they vandalized.  The victim stops by to observe their work and they share the excitement of their accomplishments with him. 

The following crimes will be listed on the board, or on an overhead:

Ø       A teenager injures a neighbor’s cat by shooting it with a BB gun.

Ø       Two hikers cause a forest fire by leaving a campfire burning.

Ø       A passenger in a moving car is seen throwing garbage out the window.   

As a class, students will consider “restorative justice” by coming up with possible ways of restoring what was lost.   First, discuss what was lost to the victims, those connected to the criminals and the victims, the environment, and to the criminals, themselves.  Then, list what may be done to restore those very things. 

Questions for exploring “restorative justice”:

1. How can the community provide oppportunities for the offender to repair the harm?
2. How can the community be involved in the process of holding offenders accountable?
3. How can the offender learn or become aware of the injury caused to the victim(s) and to the community?
4. How can the community involve the victim in defining the harm that was caused and also contribute to the possible ways toward restoring what was lost?
5.How can we involve the offender in repairing the harm?
6. How can the community provide opportunities for the offender to repair the harm?
7. How can the community ensure that the offender leaves the system having restored his or her own humanity?
8. How can the justice circle increase connections between the offender and the rest of the community so that he or she feels supported? 

Activity
In groups, students will be given current (possibly, local) news stories dealing with the end results of trials, where the accused was judged guilty and a sentence was imposed.

Groups must read and discuss the same three or four cases, and then they must consider what might’ve been resolved in a “restorative justice” system. 

Questions to be answered by each group:
1. What is the name of the criminal?
2. What is the criminal being charged with?
3. What is the criminal’s sentence?
4. List who or what suffered as a result of this crime?
5. List some ways in which what was lost as a result of this crime might be restored.

Students will have time the next day to complete the activity.

Reading Circles

Touching Spirit Bear, chapters 7-12

 

Day 13

Activity-continued
Students complete their activity from the previous day. 

Direct Instruction
Students will be instructed on how a typical “justice circle” works (see “Context and Background”).  A handout will be given about the process. which has the following information: 

Justice Circle
Groups will present their ideas in the mock “justice circle,” with students playing the role of concerned community members.    For each case, follow these general steps: 

Step 1: Acceptance
Discuss if the case is appropriate for a Justice Circle.   Does it have the potential to heal all involved; the victim, the criminal, their families, the community and the environment, if applicable?       

Step 2: Preparation
Decide who should be a part of the Justice Circle and assign roles.  Try to think of any special interest groups that would have a reason to be involved.  For instance, if it was an arson, perhaps the fire marshall or the local fire cheif should be invited.  Perhaps there may be potential mentors for the criminal that may want to participate. 

Step 3: Gathering
As the teacher, you are the “Keeper,” facilitating the process.  You give the facts of the case, introduce all those present and keep the discussion flowing so that all present have a chance to express their views, feelings, experiences, ideas and concerns having to do with the case.   There must be a consensus on a plan of action. 

Justice circles follow-up on the plans they devise and that members may change their decisions and courses of action if they see that circle justice is not working.  If this were to happen, it could be decided that the criminal must face traditional sentencing.  

Reading Circles
Touching Spirit Bear, chapters 13-18 

Day 14

Justice Circle
The class completes the mock justice circle. 

Reading Cirlces
Touching Spirit Bear, chapters 19-23 

Day 15

Reading Circles
Touching Spirit Bear, chapters 24-28 

Class Discussion
Students will discuss the novel, exploring the character’s path from criminal to hero, and the reasons leading up to both states.   

Weekend Homework
Students will formulate a timeline of Cole’s life, drawing arrows that indicate cause and effect. 

Week 4: Final Project 

Days 16-19

 

Final Project

In groups, students will have four days to create a school-wide justice plan run solely by students- not adults.   The plans will be in the form of a student handbook, using our school’s handbook as a model.   They can choose a teen court system, a teen justice circle or an alternative system of their own.  The plans will be graded based on how well they meet the following criteria:

 

1. The plan is in the form of a student handbook.

2. The system is easy to understand.

3. School rules are clearly stated.

4. Infractions are placed in the order of how serious they are (i.e., dress code violation

    would be less serious than possession of drugs).

5. Adults have no hand in the process.

6. There must be a way of determining guilt or innocence.

7. It must be made clear what will happen when someone has been found guilty of

    each charge.

 

Groups will be given the questions for the oral presentation of their plans in the beginning so that they’ll be sure to address them in the handbooks.

 

Day 20

 

Group Presentations

Students will take turns giving a 3-minute oral summary of their system and how it works.  They will then answer the following questions:

 

1. Would your group consider the system one of a retributive, rehabilitative, or of a

     restorative nature? Why?

2. Let’s say I’m a student who’s broken the dress code for the third time.  How does

    the charge come about?  Does a teacher or a student report it?

3. What if I’m in a fight and I claim I’m not the one who started it?   Does your system

    have a way for me to defend myself against what I believe to be a false accusation?

4.  What if I’m a student who has disrupted the class for the third time, stopping everyone

     else from doing their work?   What can I expect might happen?

5. What if I’m caught smoking cigarettes behind a building during recess for the first

    time?  What might happen to me?

6. If I’m a student who is being sexually harassed by someone who won’t stop, who do

   I report this to, and what might I expect would happen to the person I’m accusing?

7. What’s to stop someone from retaliating against me if I’m a student and I’m involved

    in this process somehow, as a juror, or in the circle (whichever applies)? 

 

Closing Discussion

Students will discuss what was learned in this unit by sharing their thoughts, ideas, questions or concerns regarding justice.  We will also discuss further plans to implement any of the ideas discussed for implementing a school-wide system run by students.
 

New Mexico Performance Standards 

Strand I: Reading Process
Content Standard: The student employs appropriate reading strategies to read and interpret increasingly complex texts for a variety of purposes. 

Strand II: Reading Analysis
Content Standard: The student responds to, examines, and critiques historically and culturally significant issues and events portrayed in literature that both illustrate and affect people, society, and individuals. 

Strand III: Expressive Language: Writing
Content Standard: The student writes effectively for different audiences and purposes (e.g., to describe, narrate, express, explain, persuade, and analyze) using appropriate writing strategies and conventions. (See also Strand IV: Expressive Language: Speaking, and Strand VI: Research) 

Strand IV: Expressive Language: Speaking
Content Standard: The student speaks effectively for different audiences and purposes (e.g., to describe, narrate, express, explain, persuade, and analyze) using appropriate speaking strategies and conventions. (See also Strand III: Expressive Language: Writing, and Strand VI: Research) 

Strand V: Receptive Language: Listening and Viewing
Content Standard: The student demonstrates, analyzes, evaluates, and reflects upon the skills and processes used to communicate by listening to and viewing a variety of auditory and visual works.

Strand VI: Research
Content Standard: The student conducts and compiles research data, synthesizes findings, and develops an original conclusion to increase personal and community depth of knowledge. (See also Strand III: Expressive Language: Writing, and Strand IV: Expressive Language: Speaking) 

 Bibliography 

Coalition for Juvenile Justice.  A Celebration or a Wake: The Juvenile Court After 100 Years.              Washington, DC: Coalition for Juvenile Justice, 1998. 

Epstein, L., and Walker, T.G. Constitutional Law for a Changing America. Washington D.C.:              CQ Press, 2000. 

D’aulaire, Ingri and Edgar. Book of Greek Myths. New York, NY. Bantam Doubleday Dell               Publishing Group, Inc.,  1962. 

Fitzpatrick, J.L., and Keenan, B.M. “The Juvenile Justice System—A Circle Closed.” Virginia                Lawyer 47(1):24-30, 2000. 

Karp, David, and Breslin, Beau.   “Restorative Justice in School Communities”.  Saratosa Springs,                  NY: Sage Publication, 2001. 

Lynton, J.S. Ballentine’s Legal Dictionary and Thesaurus.  New York City, NY: Delmar      
              Publishers, 1995. 

Simonsen, C.E.  Juvenile Justice in America, 3d ed. New York City, NY: MacMillan, 1991.

Streib, V. Death Penalty for Juveniles. Bloomington, IN: Indiana University Press, 1987. 

Student Text

 

Bonadonna-Lupo, A. “Cassandra.”  Albuquerque, NM: The Burning Bush, Jan./Feb.,2002. 

Mikaelsen, Ben. Touching Spirit Bear.  New York, NY: Scholastic, 2001. 

Sachar, Louis. Holes. New York, NY: Random House Publishing, 1998. 

Scholastic Scope. Shakespeare in the Classroom. New York, NY., Scholastic, 1994. 

Websites for news stories 
http://www.newsindex.com
http://www.newslink.org
http://www.findarticles.com
http://www.thepaperboy.com

Supplemental Texts 

The Cask of Amontillado, Edgar Allen Poe

Fourth of July, Robert Cormier

The Gun, Carol Ellis

Harris and Me, Gary Paulsen

Jury of Her Peers, Susan Glaspell

King Lear, William Shakespeare

MacBeth, William Shakespeare

Merchant of Venice, William Shakespeare

Nothing But the Truth, Avi

Othello, William Shakespeare

Priscilla and the Whimps, Richard Peck

The Righteous Revenge of Artemis Bonner, Walter Dean Myers

Romeo and Juliet, William Shakespeare

The Shadow Club, Neil Shisterman

To Kill A Mockingbird, Harper Lee

The True Confessions of Charlotte Doyle, Avi