Chief Murdo commands the Albany, California, Police Department.
With increasing frequency, law enforcement officers around the country are voicing a common refrain: "Today's kids have no respect for the law!" Police administrators often review incident reports involving confrontational field contacts between officers and juveniles. While the tenor of many of these contacts seems to bear out the claim that today's young people do not respect the law, it, in probability, points to a more basic truth-many of today's youths do not understand the law.
Americans should be proud of their system of written laws-the oldest in the modern world. These laws usually provide clear parameters that govern acceptable societal behavior and outline the response of the criminal justice system to unacceptable behavior. In essence, the law--as delineated by federal, state, and local courts--provides the practical application of the social contract that citizens and their government enter into to ensure a free and orderly society, in which the rights of the individual are tempered by the rights of society as a whole. But who can best convey the practical relevance of the nation's laws and legal traditions to today's youths? While traditional government, history, and social studies classes touch upon the major themes that underpin the legal system, they rarely explore the more practical aspects of the law that youths might encounter.
Although junior and high school teachers might not possess the requisite expertise to develop lessons on the practical application of the nation's criminal codes, many law enforcement officers and administrators do. In fact, police work embodies the practical application of constitutional law. Simply discussing the details of police-citizen contacts within the framework of the relevant laws can help students understand what the police do and why.
In recent years, police officers in Albany, California, as in other areas of the country, have experienced a frustrating number of confrontational contacts with young people. Often, the acrimonious nature of these contacts is fueled by the youths' general lack of understanding of their rights and responsibilities under the law. In an effort to address this void and the problems it often spawned, the Albany chief of police developed a program to provide area students with practical instruction about the law and the methods law enforcement officers and the criminal justice system use to uphold it. Since it was introduced in spring 1992, the course has proven to be an effective way to communicate important information to this young and impressionable audience, while cultivating an enhanced understanding of the role police play in society.
Constitutional Law/Practical Applications Instruction for Youth is delivered each May to students in the city's public middle and high schools. The chief meets with 8th grade students as they prepare to advance to high school and with high school seniors as they prepare to graduate. By delivering the instruction twice-in slightly modified formats--the program reinforces the principles at pivotal points in the students' lives.
Concepts Addressed The day-long instruction program covers a wide range of topics. These include
The instruction stresses the balance the law seeks to strike between the rights of individuals as protected by the Constitution and the responsibilities of citizens. The curriculum explains, for example, that no constitutional right exists to resist arrest or defy a court-ordered sanction. During the free-flowing discussions with the students, it quickly becomes evident that, prior to the classroom instruction, they received most of their information regarding the police or the legal system from television, motion pictures, and other products of the entertainment industry. The rampant misinformation featured in such entertainment makes it a poor teacher in an area as complex and vital as the application of constitutional standards.
The students' lack of a balanced and accurate sense of the law becomes most clear early in the discussion when the youths respond to a series of questions designed to gauge their grasp of practical legal matters. The students rarely articulate informed responses to such questions as:
The concepts of probable cause and related issues are introduced to students so that they can formulate informed and accurate responses to such questions. While students may not always agree with the laws and judicial rulings presented, most gain a new appreciation for the reasoned approach the law must take to balance maintaining order and protecting personal freedoms.
A comprehensive handout given to each student reinforces the lecture component of the program. The written material covers areas of police field operations such as consensual encounters, detentions, and arrests. These issues generally spark lively discussions, which provide an opportunity to explain to the youths how their observable behavior--e.g., threatening posture or abusive language-may impact the tenor of an encounter with police officers. These discussions help the students appreciate that officers must respond to what they observe about an individual's behavior at the time of an encounter because they cannot know the person's mind-set.
Adding to the Program
After the Practical Law instruction had been delivered to several different classes, Albany school officials and the chief met to evaluate the curriculum. The evaluation panel determined that adding instruction from an attorney's perspective might encourage a broader appreciation for the scope of the law. A constitutional law attorney from the nearby city of Berkeley agreed to volunteer her time to the instruction program and now copresents a revised curriculum with the chief.
Sessions now begin with opening remarks from the attorney and the chief. Students then pose questions to the instructors, both of whom respond to each question. The resulting discussions, often marked by spirited debate among the students, help bring to life the concepts of constitutional law and abstract theories about the proper role of law enforcement in a free society.
As the presentations unfold, students often are surprised to find that the police chief and the constitutional law attorney agree on more points than they disagree. Through this expanded forum, the students learn that both the police and those who represent criminal defendants operate from a position of respect for the Constitution.
Departments interested in developing a practical-law instruction curriculum should begin by crafting a comprehensive student handout that covers the intended scope of the class.1 Department administrators should consult their agency legal advisor to aid in the development of the lesson plan. They then should submit the plan to the local school board for approval. Although school administrators may want to monitor development of the instruction, most school systems would fully embrace the concept of a practical law course for students. As with the Albany program, this type of instruction would be delivered most effectively as a supplement to the civics or government components of the regular school curriculum.
Instructors do not have to be lawyers to teach the fundamentals of the law and the legal parameters within which the police operate. Nor is it necessary that a department's ranking officer deliver such school-based instruction. Rather, the individual accepting the opportunity to present the material must possess effective and demonstrable communication skills, especially an ability to relate to juveniles. The presenter also must possess a thorough and pragmatic knowledge of the Constitution, most notably the Fourth Amendment. While some formal teaching experience may be helpful, such experience should not be considered an absolute requirement. An appreciation for and understanding of the law combined with enthusiasm for the subject matter and an interest in helping youths in a positive forum represent the most important qualifications.
As the most visible component of the criminal justice system, the police always have represented different things to different people. For too many young people, the police have come to represent an oppressive force that views youths contemptuously and treats them unfairly. Unfortunately, this perception becomes understandable given the steady stream of distorted and often-negative messages youths receive about law enforcement via the media and the entertainment industry. These images not only reinforce a negative view of law enforcement, but they also undermine respect for the law, which is essential to the functioning of a free society. But law enforcement can take steps to correct the misinformation youths receive. By taking the time to discuss practical aspects of constitutional law, as well as the complex role police play to maintain order and ensure individual rights, agencies can help nurture a deeper appreciation for the law among youths. As youths come to see the positive aspects of the laws they are asked to live by, they gain a more balanced view of law enforcement and the role police play in society.
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