CRIMINAL LAW: Case of the Drowning Girl

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CRIMINAL LAW Case of the Drowning Girl
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AGENDA

• Recap lesson discussing Good Samaritan
  legislation
• Overview of Homicide Crimes
• The Case of the Drowning Girl (Mini-Trial and
  Jury Deliberations)
• Debrief
• Assignment

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FIRST DEGREE MURDER

• Definition A person commits the crime of murder
  in the first degree when, with a premeditated
  intent to cause the death of another person, he
  or she causes the death of such person or of a
  third person.
• Premeditated means thought over beforehand. When
  a person, after any deliberation, forms an intent
  to take human life, the killing may follow
  immediately after the formation of the settled
  purpose and it will still be premeditated.
  Premeditation must involve more than a moment in
  point of time. The law requires some time,
  however long or short, in which a design to kill
  is deliberately formed. (WPIC 26.01.01)
• Example I obtain poison and plan to kill
  another person with it.

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FIRST DEGREE MANSLAUGHTER

• Definition A person commits the crime of
  manslaughter in the first degree when he or she
  recklessly causes the death of another person.
• A reckless person is aware of and disregards a
  substantial risk that harm will result.
• Example I get into a knife fight (not planned)
  and stab the other person and they die.

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SECOND DEGREE MANSLAUGHTER

• Definition A person commits the crime of
  manslaughter in the second degree when, with
  criminal negligence, he or she causes the death
  of another person.
• A negligent person is unaware of the risk but
  should have been. Negligence is an objective
  standard, which is judged from the viewpoint of a
  reasonable person in the position of the
  defendant.
• Example I am playing with a gun with a friend,
  thinking its not loaded, and shoot and kill one
  of them.

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GOOD SAMARITAN LAW

• Any person, between the ages of 18 and 60 and
  who is healthy-abled (not disabled), at the
  scene of an emergency who knows that another
  person is exposed to, or has suffered, grave
  physical harm shall, to the extent that he or she
  can do so without danger or peril to himself or
  herself or to others, give reasonable assistance
  to the exposed person.  At a minimum, reasonable
  assistance includes calling 911 for those who
  have access to a phone.  Any person violating the
  provisions of this section shall be guilty of a
  petty misdemeanor and shall be subject to
  community service or a fine of not more than five
  hundred dollars (500), or both. Punishment or
  fines shall be imposed based on the circumstances
  of the emergency.

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MINI TRIAL The Case of the Drowning Girl

• Divide into Juries
• Opening
• Testimony
• Closing
• Jury deliberations

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VERDICTS

• Eric(a) would not be liable of first-degree
  murder, unless she had gone out to the lake with
  previous intent to drown Jill.
• Eric(a) would be liable of first-degree
  manslaughter if she pushed Jill into the water
  with some awareness that Jill would drown (e.g.,
  knew Jill couldnt swim).
• Eric(a) would be liable of second-degree
  manslaughter if she didnt necessarily know that
  Jill would drown (e.g., didnt know Jill couldnt
  swim), but reasonably should have known that Jill
  drowning was a risk of pushing her.
• Based on the law passed in this class, Eric(a)
  could be charged under the Good Samaritan law.

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ASSIGNMENTS

• Homework assigned at the bottom of the jury
  instructions
• Read the full The Case of The Drowning Girl
• For each person in the case, answer whether any
  of them should be criminally liable, for which
  crime, and why.
• Due MONDAY (25 Feb 08) at the beginning of class
• Journal Assignment
• Two paragraphs on a current legal topic of your
  choosing, due MONDAY (25 Feb 08) at the beginning
  of class.

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Possible Journal Topic

• Bill proposes "scarlet letter" for DUIs
  bright-yellow license plates
• Seattle Times, Feb. 12, 2008
• OLYMPIA Sen. Mike Carrell wants everyone on
  the road to know who's been caught driving drunk.
  He's sponsoring a bill that would require people
  convicted of drunken driving to put
  fluorescent-yellow license plates on their cars
  for one year once their driving privileges have
  been restored.