Law Warm-upWhich of the following is or was actually a written state law? It is illegal to mispronounce the word Arkansas in the state of Arkansas. It is illegal to mix fountain sodas together in the state of Mississippi. It is illegal to dig a hole in your backyard in California.
Three Role Trial“Driving Disaster” Get a little taste of a trial.
The Roles: • Judge – Decider of the verdict and manager of the trial. • Prosecution Attorney-Representsthe people or the state against the accused and must try to prove that the accused is guilty. • Defendant Attorney-Makessure the client’s rights are protected and that he is given a fair trial.
A man (Mr. R.) was driving a vehicle (shown in orange), transporting his wife and child. He was driving the vehicle at approximately 45 mph which was the speed limit. Two sports cars (in blue) passed him on the left even though it was a no passing zone. The Scenario
Another vehicle (in red) driven by Mr. H. was attempting to pass in his 600 horse power vehicle when two of his tires went off of the road on the left hand side, and he began to lose control of his vehicle. The Scenario
When Mr. H. tried to get control of his car, he turned the wheel hard to the right, and forced Mr. R. to go off of the road. Mr. R. went straight into the tree causing the death of Mr. R.’s son and leading to the death of Mrs. R. the week after the accident. The Scenario
It is time to get your assignment.You will be either a: Judge – Decider of the verdict and manager of the trial. Prosecution Attorney - Make sure Mr. H. receives the full punishment for the crime. DefendantAttorney – Prove Mr. H.’s innocence for as many charges as possible.
The Charges Mr. H. is being charged with possible vehicular homicide, involuntary manslaughter and reckless endangerment. Take some notes that will help you defend, convict, or judge this case now that you know your role.
The Law – DoYour Research Under the law, vehicular homicide is a homicide by negligent or intoxicated use of a vehicle. Vehicular homicide is the criminal act of causing the death of another person or unborn child by use or handling of a vehicle. The law provides that a conviction requires the state prosecuting attorney must prove certain elements of a crime beyond a reasonable doubt. Vehicular homicide is a felony the classification of which is determined by the elements of the crime and other factors such as whether the person was intoxicated or had prior convictions.
The Law – Do Your Research Involuntary Manslaughter accidental killing: the unintentional and unlawful killing of one person by another in an act that the killer knew was dangerous or could be a threat to the lives of others
The Law –Do Your Research Reckless endangerment is a charge which can be filed against people who engage in activity with foreseeable dangerous consequences with a disregard for the danger involved. This charge may be a felony or a misdemeanor, depending on the specifics of the situation. Reckless endangerment can also be combined with other charges. In situations deemed reckless endangerment, people do something which they know is dangerous and they do not exhibit any thought about the potential consequences of what they are doing. They willfully behave in a way which is reckless, putting other people at risk. No intent to injure or kill is required; it is enough that the person knew an activity could pose a threat and chose to do it anyway.
The Judge We will be completing these trials as bench trials (the judge makes the final decision). Your role will be to: Keep an open mind to both sides. Direct each side to give opening statements to tell the overall opinion about the case. Allow each side to give detailed reasons to support their case. Ask clarifying questions. Direct each side to give a closing statement. Make your decision and assess the penalty.
The Attorneys Make opening statements that state a summary of their ideas. Give detailed reasons with supporting examples to prove your case. Give a closing statement that will summarize what the decision should be and the reasons why.
Before Beginning Your Trial… Meet as a group with people who have the same role as you. Discuss information and strategies that you think will be useful in giving your case to the judge. Judges should meet to review the charges and discuss possible penalties for each charge if the person is convicted.