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LAW WISE    

March 2005

Greetings from the Kansas Supreme Court and the Kansas Bar Association. This is the second edition of Law Wise for 2005. Our topic this month centers around one of the issues contained in the mock trial materials that allows us to delve into criminal law – what is involuntary manslaughter and under what circumstances do we hold people accountable for their actions even if they did not intend the consequence?

• Calendar of Events
• Case Summary & Criminal Law Overview
• Peer Mediation and Youth Court Grants Available
• Regional Mock Trial Competition a Success
• Lesson Plan #1: Innocents Lost: Examining the Fatal Shooting of a Michigan Child by a Classmate
• Resources at the Law-Related Education Inventory
• Lesson Plan #2: Guilty to a Fault: Analyzing Distinctions Between Manslaughter and Murder
• Technology for Teachers

Calendar of Events

Case Summary & Criminal Law Overview Since many of our readers are involved in mock trial, we are using that hypothetical case, People v. Donovan, to discuss the different levels of murder and show the consequences of a seemingly simple prank. In People v. Donovan, three people die in an exit ramp collision. During the investigation, investigators find the missing "Do Not Enter" sign at the home of university student Chris Donovan. The case addresses the issues of involuntary manslaughter and the admissibility of incriminating statements (not addressed in this issue). First, a brief overview of criminal law will aid the discussion. Criminal law involves prosecution by the government of a person for an act that has been classified as a crime. In a criminal case the state initiates the suit and persons convicted of a crime may be incarcerated, fined, or both. A "crime" is any act or omission (of an act) in violation of a public law forbidding or commanding it. Though there are some common law crimes, most crimes in the United States are established by local, state, and federal governments. Criminal laws vary significantly from state to state. There is, however, a Model Penal Code (MPC) that serves as a good starting place to gain an understanding of the basic structure of criminal liability. Crimes include both felonies (more serious offenses – like murder or rape) and misdemeanors (less serious offenses – like petty theft or jaywalking). Felonies are usually crimes punishable by imprisonment of a year or more, while misdemeanors are crimes punishable by less than a year. However, no act is a crime if it has not been previously established as such either by statute or common law. All statutes describing criminal behavior can be broken down into their various elements. Most crimes consist of two elements: an act, or actus reus, and a mental state, or mens rea. Prosecutors have to prove each and every element of the crime to yield a conviction. Furthermore, the prosecutor must persuade the jury or judge "beyond a reasonable doubt" of every fact necessary to constitute the crime charged. In comparison, in civil cases, the plaintiff needs to show a defendant is liable only by a "preponderance of the evidence," or more than 50 percent. Murder of any type is a felony in Kansas. However, there are four classifications of murder that contain different elements and different punishments. (1) Murder in the first degree is the killing of a human being committed intentionally and with premeditation or in committing/ attempting to commit a felony. (2) Murder in the second degree is the killing of a human being committed intentionally or unintentionally but recklessly under circumstances manifesting extreme indifference to the value of human life. (3) Voluntary manslaughter is the intentional killing of a human being committed (a) "upon a sudden quarrel or in the heat of a passion" or (b) "upon and unreasonable but honest belief that circumstances existed that justified deadly force." (4) Involuntary manslaughter is the unintentional killing of a human being committed recklessly or other specific instances including "during the commission of a lawful act in an unlawful manner." In this case, we are dealing with involuntary manslaughter because the person who took the traffic sign wanted to put it on his wall, and while it was unlawful to take the traffic sign, he did not have any intent to harm someone. However, since he did not consider the consequences of his actions, three innocent people died when no traffic sign was in place to tell them that the ramp was not to be entered. This type of situation is tragic for all those concerned. Three lives were lost and a college student with his whole future ahead of him is facing serious prison time because he did not think through the consequences of his action. Do you think he should be accountable for what happened? What do you think the punishment should be? Keep in mind all the parties involved. See Terrific Technology for the link to a more complete overview of criminal law courtesy of Cornell University.

Peer Mediation and Youth Court Grants Available

The Kansas Bar Association, with funding from the Kansas Bar Foundation, is making available grant funds to be used by schools in developing peer mediation and youth court programs. The $500 grants can be used to produce seminars, hire consultants, and/or pay for supplies, or other expenses associated with starting or continuing a program.

Peer mediation programs are defined as programs, which are developed to reduce in-school conflicts between students by using students to mediate the disputes. Youth courts are programs that use students in youth court settings to hear minor violations and to decide on appropriate disciplines.

Applications for grant funds should be in letter format and should include the following information:

• the statement of need;
• the goals of the project;
• the methods of accomplishing the goals; and
• a short budget as to how the funds will be used.

The deadline to submit grant applications is April 8, 2005. If you receive a grant, your school/organization will be required to forward any evaluation information resulting from the conflict resolution program to the KBA. This detailed information will help continue the funding of conflict resolution programs.

If you have any questions or wish to submit an application, contact Janessa Akin at the Kansas Bar Association, (785) 234-5696, P.O. Box 1037, Topeka, KS 66601-1037 or by email at jakin@ksbar.org.

Regional Mock Trial Competition a Success

The Regional Tournaments of the Kansas Bar Association Young Lawyers Section (YLS) Annual High School Mock Trial Competition took place Saturday, March 5th. One Regional Tournament was held at the Johnson County Courthouse in Olathe, and another was held at the Sedgwick County Courthouse in Wichita. Twenty-two teams, made up of six to eight high school students, from nine different schools participated in the competition. The six schools who qualified for the State Competition, to be held on April 2 at the Sedgwick County Courthouse, include:

Blue Valley High School (Kansas City)

Blue Valley North High School (Kansas City)

The Independent High School (Wichita)

Kapaun Mount Carmel High School (Wichita)

Shawnee Mission East High School (Kansas City)

Wichita South High School (Wichita)

The KBA YLS have put on this competition for at least the last eight years. They provide breakfast and lunch for the students during the competition, as well as a $3,000 scholarship to the State Champion, to be used for travel and to compete in the National Competition. Registration for this competition is $50 for the first team and $25 for any additional teams, with a $200 maximum. This year, awards were given to students participating in the Wichita Regional Tournament. Students from the Independent High School won the "Best Witness," "Best Direct or Cross Examination," and "Best Opening Statement/Closing Argument." The Wichita South team won the "Good Sport" Award. These awards will be given out at the State Competition as well.

If you know a school or teacher who would like more information about this competition, please contact Janessa Akin at the Kansas Bar Association for details.

Lesson Plan #1:  
Innocents Lost:
Examining the Fatal Shooting of a Michigan Child by a Classmate

Grades: 6-8, 9-12

Subjects: Civics, Current Events, Language Arts, Social Studies

Overview of Lesson Plan: Through discussion and writing, students express their views about the causes, circumstances, and impact of the Feb. 29, 2000, shooting in Buell, Mich., of a 6-year-old girl by a classmate.

Suggested Time Allowance: 1 hour

Objectives: Students will:

1. Consider the nature of the behaviors of youth in response to conflicts.
2. Examine the Feb. 29, 2000, shooting in Buell, Michigan, by reading and discussing "A Life of Guns, Drugs and Now, Killing, All at 6." The referenced article can be found at http://www.nytimes.com/learning/teachers/featured_articles/20000303friday.html.
3. Explore, in a round-table discussion format, their reactions to the causes, circumstances, and impact of the shooting.
4. Express their thoughts on a specific aspect of the shooting in a persuasive essay.

Resources/Materials:

--student journals

--pens/pencils

--paper

--blackboard

--copies of "A Life of Guns, Drugs and Now, Killing, All at 6" (one per student)

Activities/Procedures:

1. WARM UP/DO NOW: In their journals, students respond to the following (written on the board prior to class): "Kids often have arguments with other kids at school. What are some ways in which children respond to confrontation? What do you think are the most productive ways to handle conflicts? How does the age of students relate to how they may react in situations like this?" Students then share their reponses.
2. As a class, read and discuss "A Life of Guns, Drugs and Now, Killing, All at 6," focusing on the following questions:

   a. Where did the 6-year-old boy get the gun that he used in this shooting?

   b. Why did the boy shoot Kayla?

   c. How did the boy react to the shooting?

   d. How are the authorities handling the shooting?

   e. What did the police find in the raid on the home where the boy was living?

   f. Why wasn’t the boy living with his mother or father?

   g. What evidence can be used to charge the boy’s family and guardians with neglect?

   h. What is the boy’s mother’s reaction to the shooting?

   i. How is the community reacting to the shooting?

   j. Under what kind of conditions was the boy living?

3. In round-table discussion format, students explore their reactions to the causes, circumstances and impact of the Feb. 29, 2000, shooting in Buell, Mich. Though the discussion will most likely be easily driven by student comments, some guiding questions are offered below. Because the discussion may become heated, the teacher may want to maintain a "speaker’s list." Students who wish to add to the discussion raise their hands, and the teacher writes their names on a list. Students will be called on in the order that their names appear on the speaker’s list. Students can be added to the list at any time by raising their hand, but students must talk in turn.

   --The authorities took a sympathetic approach to the boy. What do you think would be the appropriate reaction by the law?

   --What constitutes neglect? What various forms can neglect take? What do all children need?

   --Is the prosecutor’s decision to charge the guardians with involuntary manslaughter and the family with neglect an appropriate response?

   --How should our legal system handle minors who commit crimes?

   --What are some of the factors that impact whether or not a child exhibits violent behaviors, and how can those behaviors be curbed?

   --Why do some children wait to react to a confrontation until after it is long over?

   --How will the boy re-enter society since charges will unlikely be pressed? As a member of the community, how would you receive him?

4. WRAP UP/HOMEWORK: Each student writes a persuasive essay in response to one of the round-table discussion questions. The essay should address all aspects of the question and be well-supported with facts and examples. Students may debate their points in a future class.

Further Questions for Discussion: --Who do you think should be held responsible for a child’s actions if a murder is involved? --Do you think that children can be protected from crimes involving guns by keeping guns away from kids? --In your opinion, what is the desired resolution in Buell, Mich.? By what means can they achieve that end? --What words of hope and comfort can you offer to this community? If you were a member of the Buell community, what would you --need to hear or have happen to be comforted?

Evaluation/Assessment: Students will be evaluated on written journal entries, participation in class and round-table discussions, and persuasive essays.

Vocabulary: evict, dilapidated, clapboard, comprehend, prosecutor, sympathetic, parole, violation, narcotics, warrant, involuntary, manslaughter, guardian, neglect, jurisdiction, probate, custody, nonchalant, consequences, intent, quarrel, makeshift, ajar, weathered, mangled

Interdisciplinary Connections:
Fine Arts – Create a collection of songs that would offer support to the community of Buell. Record the songs (or record one of your own) and send your recording to Buell.
Journalism – Write a Letter to the Editor responding to the featured article.
Science – The article mentions the boy’s emotional distance from the situation. During critical or dangerous situations, people have been capable of withdrawing themselves completely. Research the mind’s ability to cope with such situations.

Resources at the Law-Related Education Inventory

1. Here and Now: Teenagers and Serious Crime. This video is for middle and high school students and addresses crime related issues including, among others, when “children” become adults and punishment versus rehabilitation. Library number 345.03026/H42.
2. It’s Just a Party: Quick Decisions, Lasting Consequences. This video for high school students showcases two individuals whose lives were affected by drinking and driving. Library number 363.12/It6.
3. Traffic Sign Bingo. This game can be used for all ages to learn basic traffic signs. One set is related to pedestrian and cycle safety, while the other focuses on driver safety. Library Number 343.094/T676t.

The Law-Related Education Inventory has many resources to help teach about law-related topics. To order a catalog, call Janessa Akin at the Kansas Bar Association, (785) 234-5696. The Kansas Bar Association and the lawyers in your community sponsor the Law-Related Education Inventory. The clearinghouse will mail free copies of law-related posters, games, mock trials, booklets, lesson plans, and other aids. It is open Monday through Thursday, 8:00 a.m. to 7:00 p.m., and Friday, 8:00 a.m. to 5:00 p.m. The director of the Teachers College Resource Center, which houses the Law-Related Education Inventory, Marla Darby, can be reached at Darbymar@esumail.emporia.edu/.

Lesson Plan #2:  
Guilty to a Fault:
Analyzing Distinctions Between Manslaughter and Murder

By: Jackie Glasthal, The New York Times Learning Network, and Bridget Anderson, The Bank Street College of Education in New York City

Grades: 6-8, 9-12

Subjects: American History, Civics, Language Arts, Social Studies

Overview of Lesson Plan: In this lesson, students will consider the moral and legal issues involved in distinguishing a verdict of murder from one of manslaughter (criminally negligent homicide).

Suggested Time Allowance: 1 hour

Objectives: In this lesson, students will:

1. Brainstorm instances in which an unintended injury or death might result, due to the actions of another.
2. Examine the legal and moral distinctions used to determine when an accident is treated as a crime by reading and discussing the article "When Is an Accident a Crime?" The referenced article can be accessed at http://www.nytimes.com/learning/teachers/featured_articles/20040202monday.html.
3. In groups, research a particular case involving an "accidental" crime.
4. Individually, write an essay describing the issues involved in the case that was researched and reflect upon the verdict.

Resources/Materials:

--classroom board

--pens/pencils

--paper

--copies of “When Is an Accident a Crime?” (one per student)

--handouts listing the categories of severity into which a homicide falls (enough for students to share)

--resources about homicide (criminal justice and civics textbooks, computers with Internet access)

Activities/Procedures:

1. WARM-UP/DO-NOW: In their journals, students respond to the following prompt (written on the board prior to class): "List three or more instances in which someone might be injured or even killed due to the unintentional negligence (or carelessness) of others. How should the person at fault be dealt with, or punished, in each of these cases?" After a few minutes, discuss some of the situations that students came up with, listing at least five of them on the board. (These scenarios may become the focus of research for groups during a later part of today’s lesson.)

   [Note to Teachers: Examples might include someone driving while too tired or intoxicated, a police officer who accidentally shoots an innocent person while attempting to stop a criminal, a doctor or nurse who treats a patient with a medication to which they have a bad reaction, or young people who cause a death or injury during an incident meant as a practical joke, or fraternity pledge hazing.]

2. As a class, read and discuss “When Is an Accident a Crime?” using the following questions:

   a. What is the issue at stake in Officer Neri’s shooting of Timothy Stansbury Jr.?

   b. What is criminally negligent homicide? How is it different from manslaughter? In what ways is it similar?

   c. What distinguishes legal justice from moral justice?

   d. What was Rep. Bill Janklow of South Dakota accused of doing? What was the verdict?

   e. How did Bryan Edwin Smith injure writer Stephen King? Was he punished? If so, how?

   f. What is the job of the grand jury in the Stansbury case?

   g. How much responsibility does Joseph D. McNamara feel the police should have in trying to prevent accidents? How do his actions reflect his opinions in this regard?

   h. What issues of personal responsibility regarding an “accidental crime” does Sissela Bok raise?

   i. What was Andrea Yates accused of doing? What was her defense? What was the verdict?

   j. How does June Price Tangney’s perspective on the issue of personal responsibility compare with that of Dr. Neiman?

   k. How does Sally Satel feel about the human emotion of guilt?

   l. According to Rabbi Harold Kushner, what did people do in biblical times when they did something wrong?

3. Divide students into five groups. Explain that each group will be researching facts of real cases to apply to scenarios where criminal actions have occurred, and then write about their findings in an essay. Assign each group one of the scenarios that students came up with during the Warm-Up/Do Now activity. (Generic examples might include someone driving while too tired or intoxicated, a police officer who accidentally shoots an innocent person while attempting to stop a criminal, a doctor or nurse who treats a patient with a medication to which they have a bad reaction, or young people who cause a death or injury during an incident meant as a practical joke, or fraternity pledge hazing. Specific cases may include: the shooting of Amadou Diallo; the case of Clara Harris, who ran over her husband with her car; and Chante Mallard’s "windshield murder" case.)

   Point out that, though criminal laws often vary from state to state, there are certain basic categories of severity into which a homicide, or death by another person, generally falls (copied into a handout for easier reference):

   --Justifiable Homicide: Intentional killings done in accordance with legal obligations (such as the execution of criminals in some states), killings necessary to prevent a felony, and killings done in self-defense.

   --First Degree Murder: Homicide committed with deliberate premeditated malice, or with extreme and wanton malice. Also often used when the victim is a police officer or witness to a crime.

   --Second Degree Murder: A homicide committed with malice, but without deliberation or premeditation.

   --Voluntary Manslaughter: A killing done in the heat of passion, provoked by acts of the victim, such as a violent assault.

   --Involuntary Manslaughter (or criminally negligent homicide): A killing in which there is no intention to kill at all. It occurs when the killing is the result of the commission of another crime, such as a robbery, or can occur out of negligence—such as reckless or careless driving.

   (Definitions compiled from a variety of sources, including: http://www.legal-definitions.com/, http://reference.allrefer.com/encyclopedia/N/negligen.html, and http://www.iejs.com/Law/Criminal_Law/Negligent_Homicide-Manslaughter.htm)

   To begin their research, instruct each group to determine which category they would classify their assigned "accidental death." Then have them use the Internet to research the details of a case reflecting a similar situation (or, if students are examining a real-life case, they should look at the details for that particular case). Encourage students to use these questions to guide their research:

   --When did the event occur?

   --Where did the event occur?

   --Who were the parties involved?

   --What were the specifics of the case?

   --What verdict did the jury reach in this case?

   Once research is completed, each group should decide upon a "verdict" for their scenario and then compare their own "verdicts" with those of the judge or jurors in the actual lawsuit. Prior to leaving class, each group member should have a copy of the notes taken during class to be used for the Wrap Up/Homework.

4. WRAP UP/HOMEWORK: Individually, students will write an essay examining the facts of their assigned "accidental death" scenario or case. In the piece, students should be sure to give both sides of the argument, as well as the actual final outcome of the case. Additionally, students should examine their own views about the verdict.

Further Questions for Discussion:

--What are some of the basic distinctions made between murder and manslaughter?

--What do you think of German writer Kurt Tucholsky’s assertions that "The opposite of good is good intentions?" What do you think he means by that? Do you agree? Why or why not?

--In what ways are Officer Neri’s actions similar to those of a bartender who serves liquor to someone who has already had too much to drink? In what ways are they different?

--Do you think there should be a legal distinction between murder and manslaughter? Why?

Evaluation/Assessment:
Students will be evaluated based on thoughtful participation in both whole-group and small group discussions, thorough completion of scenario/case research, and a well-supported essay about the scenario/case that they researched and an examination of their opinion regarding the verdict of the scenario/case.

   Terrific Technology for Teachers

1. http://www.law.cornell.edu/topics/criminal.html This link offers a good overview of criminal law, how it differs from civil law, and what crimes are.
2. http://www.abanet.org/publiced/practical/books/family_legal_guide/chapter_14.pdf gives a 31 page discussion of crimes and how criminal law and criminal procedure work in the United States.
3. The following link allows you to access Kansas statutes regarding criminal law: http://www.kslegislature.org/legsrv-statutes/index.do. To pull up the statutes discussed in this article, search under Chapter 21, Article 34.

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   Law Wise is published by the Kansas Bar Association during the school year. The Kansas Bar Foundation, with Interest on Lawyers Trust Accounts funding, provides support for this publication. Published free, on request, for teachers or anyone interested in law-related education, it is edited by Crystal Marietta, Pittsburg, (620) 231-5620.

   For further information about any projects or articles, contact Ron Keefover, Education and Information Officer of the Office of Judicial Administration, Topeka, (785) 296-4872, or Janessa Akin, Public Services Director of the Kansas Bar Association, Topeka (785) 234-5696.

   Law Wise is printed at the Kansas Bar Association, 1200 Southwest Harrison, P.O. Box 1037, Topeka, Kansas 66601-1037.