Using Student Handouts #3A and 3B, students will trace the causality in murder cases. However, causality in murder (criminal) cases is different from causality in situations the students looked at previously. The information below will help them determine whether murder actually occurred.
Definitions;
· Murder is defined as deliberately or recklessly killing another person.
· Manslaughter is defined as unlawfully killing another person without deliberate intent.
Four defences to murder are possible. The defendant did not commit the act of murder because:
· someone else did
· it was an accident
· he/she did not realize death would follow
· he/she was insane at the time.
Below are the criteria that must be met if a person is to be found guilty of a crime:
· criminal guilt requires both act and intent or knowledge
· a jury must consider the facts and find the defendant guilty beyond a reasonable doubt.
Decision on the Case of the Falling Scales
The chain of events in this case is so bizarre that no reasonable person could have foreseen it. However, the man carrying the fireworks should have foreseen that this was potentially dangerous. He could have put the fireworks in a protective case, or put some label on the case to indicate that he was carrying hazardous materials.
Decision on the Verdict of the Levett Case - The Intruder
The court trying Levett held that this was not murder.
The bracketed information below is to indicate that the point of this activity is to help students understand that games are similar to paradigms because they both direct and give a purpose to human activity, although games do this in a more limited sense.
Sample Classification System for Analyzing Games
Hockey |
Poker |
Volleyball | |
Point of the game (purpose in life) |
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How do you score/earn points (reality--what is significant) |
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Method of keeping score (criteria for success) |
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Rules (acceptable behaviour) |
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Strategies (how do we succeed, ideas such as science and technology) |
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Etiquette (beliefs, values and customs) |
The following charts contain information and ideas that students may provide as they compare and analyze the paradigms as explained on "Student Handouts #6, #7 and #8.
Flat Earth Paradigm |
Round Earth Paradigm |
· A simple observation of the landscape will tell you that the Earth is flat. · Because of the shape of the moon we know that the Earth is shaped like a coin. · People in Australia are not on the other side of the Earth, because if they were, they would be hanging upside down. · Pieces of mud on wheels rotating rapidly are thrown off the wheel. It would seem logical we would be too, if we were rotating at more than 1,600 kilimetres per hour. · When we are in motion, we can perceive it; yet, we do not perceive any motion with the Earth. |
· The Earth is spherical in shape. · Its circumference is approximately 40,500 kiliometres in diameter. · The Earth makes one rotation around its axis in every 24-hour period, giving it a surface speed at the equator of 1,688 kilometres per hour. · The Earth also has a spherical satellite that rotates around it (the moon). · The Earth, with the moon rotating around it, rotates around the sun once every year. · At the same time it does that, it wobbles back and forth on its axis. |
Astrology Paradigm |
Science Paradigm |
· Astrology is the study of the effect of the stars and planets on human life. · Astrologers claim that they can predict future events by watching and charting the movements of the stars, planets, comets, etc. · Modern astrologers believe that a person's fortune is influenced by the sun, moon and the planets. · The sky is seen as a great dome lit at night by the stars and the moon and, by day, the sun. · The moon and the sun affect the tides and animal life so it is logical to assume that they also affect human behaviour. · By watching the sky one can make predictions about when eclipses occur and when the seasons will come, predictions about human behaviour are also possible. · Strange new stars, comets, shadows on the moon and sunspots all indicate that significant events in human affairs are likely to happen. |
· Science at its simplest is observing things and asking questions about them. · At first science, when it was dealing with a problem, simply relied on looking at what somebody else had written or by asking some respected person of learning. · Then, people (later to be called scientists) began to conduct experiments to find out what was really happening in nature. · These experiments revealed ideas about nature which, when supported by other experiments, are accepted by scientists as the best explanation of reality at the time. · A group of facts that seem to be related (spoons fall, stones fall, people fall) can be lumped together to form a law (of gravity). · Scientists keep checking these laws against new situations. (Why do astronauts float in orbit and do not seem to fall?) · A number of laws may be put together to form a theory about the way some important part of nature works (the theory of a Heliocentric Universe). · The scientific method has made possible space exploration, telecommunications, medicine, etc. |
Live to Work ( Work Ethic) Paradigm |
Work to Live (Enjoy Life) Paradigm |
· The world we live in is dangerous and unforgiving. · All of our wants must be created by somebody. Nothing we use has been created naturally. · A person by him or herself would not be able to produce all the things that person would need and want. · Therefore, we need to work to help each other by becoming good at creating things or services for others. · It is wrong to expect to get something without having given something in return (paid) for it. · If we all work hard, it is possible to create prosperity and then there is a chance at happiness. · Unfortunately, not everyone wants to work hard and contribute to everyone's welfare. · Therefore, it is necessary to create a society that is competitive to encourage people to do their best. · Those who work hard are rewarded and those who do not are not, and that is the way it should be. |
· The world we live in is beautiful and productive because: ° the Earth provides all our food, energy and resources; we are totally dependent on the Earth ° other people provide warm and loving relationships. · We are totally dependent on each other for our humanity. · Life will not end if we do not have everything we want, and when we want it. · If you take time to offer friendship and help to others, then when you need friendship and help it will be there for you. · The purpose of life is not to be productive but to be loving. · Loneliness and rejection, rather than the absence of things, cause unhappiness. · If we want happiness, it is necessary to create a society that encourages people to care for each other. · Those who care for others will be rewarded and those who do not care are not rewarded, and that is their loss. |
Test Your Awareness
· Write the sentence from the box below on the chalkboard and/or an overhead transparency.
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Finished files are the result of years of scientific study combined with the experience of many years. |
Check Your Perception
What is the approximate age of the woman?
The most important things to remember in using simulation as a strategy is to provide everyone with a role and make sure all are clear about the object of the game.
Providing Everyone with a Role
Depending on the size of your class you can use either two or three court cases. A class size of thirty would require three cases, with ten students participating in each. The role breakdown would be as follows:
Prosecution Side:
· Two prosecutors. (This can vary depending on class size and student ability and motivation.)
· Three people who can role play prosecution witnesses. (It may be necessary for students to role play more than one witness.)
Defence Side:
· Two defence lawyers. (This can vary depending on class size and student ability and motivation.)
· Three people who can role play defence witnesses. (It may be necessary for students to role play more than one witness.)
If you wish to do a true courtroom simulation you could use two other students, one to act as judge and the other to act as bailiff, for a total of 32 participants.
While the court cases are being presented, ten students will be responsible for presenting the case and two will be responsible for operating the courtroom. The rest of the students will be jury members and responsible for listening to the presentations carefully so they can render a responsible verdict.
Making Sure Everyone Knows the Object of the Simulations
It is important to make sure that students know what they are to do and how they should go about doing it. It is helpful (and motivational) for students to go over courtroom procedures in a class discussion. The following aspects should be discussed:
· The formation and laying of the charge. It is the responsibility of the prosecution to formulate and give the charge to the judge.
· The response to the charge. It is the responsibility of the defence lawyers to guide the defendant in what response to make.
· Development and presentation of the case by the prosecution and defence.
Both groups should be encouraged to develop opening statements in which they:
° explain to the jury what it is they wish to prove
° describe the situation and what happened so that the jury knows what is going on.
Both groups should then be prepared to present evidence to prove to the jury that their case is true by:
° calling witnesses to testify (discuss hearsay evidence with the students)
° presenting facts that support their case.
Both groups should be prepared to cross examine each other's witnesses. Discuss "leading the witness", "badgering", "misleading", etc. The role of the judge in ensuring fairness can be discussed here.
Both groups present their final summary statements to the jury in which they show how they have proven their case beyond a reasonable doubt and why the jury should find the defendant either guilty or innocent.
· The role of the Judge:
° ensuring fairness
° giving the charge to the jury
° sentencing the defendant if he/she is found guilty
· The role of the jury:
° keeping an open mind until all of the evidence is presented
° discussing all the evidence before making a verdict
° coming to a unanimous verdict beyond a reasonable doubt
In this kind of an educational situation it is useful to allow the jury to deliberate in front of the class. Students in the jury should be accountable for their decisions so they can learn that it is critical to make a decision about what criteria they are going to use as a basis for a decision. They should not be allowed to make their decision on a whimsical basis.
Once students have an initial grasp of the procedure, they will have to begin researching and preparing their cases. The teacher plays an important role in helping students conceptualize and organize their cases.
Student Handouts #14 to #16 contain information that students can use to organize and present their cases. The handouts are intended to give students a way of organizing information so they can see what witnesses they need to call and what questions need to be asked of each witness. Of course, students should be encouraged to consult other information sources during the research process. It is important to the success of the trial that students be encouraged to organize and present their information in a systematic way.
Typical mistakes and problems students will encounter are:
Once students have completed the initial work on their case, they should be encouraged to speculate and think about how the opposition is going to handle the case. This is particularly important for the lawyers in preparing for the cross examination part of the trial. It is also important that each witness be prepared to anticipate the kind of questions they might expect on cross examination. This is especially true for the defendant if he/she is going to testify.
The Edict of the Diet of Worms, 1521
...like a madman plotting the manifest destruction of the holy Church, he (Luther) daily scatters abroad much worse fruit and effect of his depraved heart and mind through very numerous books, both in Latin and German...which are full of heresies and blasphemies, not only new ones but also those formerly condemned by holy councils.
Therein he destroys, overturns, and abuses the...use of the seven sacraments...shamefully pollutes the indissoluble bonds of holy matrimony; and says also that holy unction is a mere invention, most wholesome for the hearts that are polluted or laden with sins-declaring that no profit or consolation can be expected from it...He demonstrates also from the heathen poets that there is no free will, because all things are determined by an immutable decree...Indeed, he writes nothing which does not arouse and promote sedition, discord, war, murder, robbery and arson, and tend toward the complete downfall of the Christian faith.
Accordingly, we have declared and made known that he said Martin Luther shall hereafter be held and esteemed by each and all of us as a limb cut off from the Church of God.
And we publicly order and command each and all of you that you shall refuse to give the aforesaid Martin Luther hospitality, lodging, food or drink, but in whatever place you meet him, you shall proceed against him; if you have sufficient force, you shall take him prisoner and keep him in close custody; you shall deliver him to us.
We command you, each and all, under the penalties already prescribed, that henceforth no one shall dare to buy, sell, read, preserve, copy, print or cause to be copied or printed, any books of the aforesaid Martin Luther.
The Papal Bull by which Pope Leo X Excommunicated Luther
Arise, O Lord, and judge thy cause. A wild board has invaded thy vineyard. Arise, O Peter, and consider the case of the Holy Roman Church, the mother of all churches, consecrated by thy blood. Arise, O Paul, who by thy teaching and death hast and dost illumine the Church. Arise, all ye saints, and the whole universal Church, whose interpretations of Scriptures has been assailed. We can scarcely express our grief over the ancient heresies which have been revived in Germany. The books of Martin Luther, which contain these errors, are to be examined and burned. Now therefore we give Martin sixty days in which to submit, dating from the time of publication of this bull in his district. Anyone who presumes to infringe our excommunication and anathema will stand under the wrath of Almighty God and of the apostles Peter and Paul.
Dated on the 15th day of June, 1521.
J.H. Robinson. Readings in European History. Boston: Ginn, 1904, Vol. II, pp. 83-88. Used with permission.
Day 3 of the Trial, Tuesday, January 23, 1649
By refusing to respond to the charges against him, that is, refusing to plead guilty or not guilty, the King was effectively preventing the court from proceeding against him, since according to the law, the accused had to plead before the trial could begin. Finally it was stated that according to the law, if no plea is made, it is the same as a confession of guilt; therefore, the accused could be speedily judged. This was brought to the attention of the King, but he ignored it, and asked to speak to the Court. Bradshaw lost his temper and had the King removed.
On Wednesday and Thursday, January 24 and 25, the court heard witnesses who testified against the King, even though Charles was not present. Late Thursday the Court decided to condemn the King for being a traitor, a murderer, and an enemy of the people of England.
On Friday, January 26, the Court sat in private and decided to hand the sentence down to the King the next day.
The Sentence
On Saturday, January 27, the King was brought to the Court for sentencing. Charles persistently pleaded with Bradshaw to allow him to speak, but Bradshaw would not permit him. He was told that he would have a chance to speak before he was sentenced, but when his pleas began to arouse sympathy with some members of the Commons, that decision was changed and he was not given the opportunity to speak. Then the judgement of the Court was read to him. First the charges against him were reviewed, then the Court declared its sentence:
"For all which treasons and crimes, this Court doth adjudge, that he, the said Charles Stuart, as a tyrant, traitor, murderer and public enemy to the good people of this nation, shall be put to death by severing of his head from his body."
The Bill of Rights
After the King was beheaded, Oliver Cromwell became the leader of England. Within a few years be became frustrated with the way Parliament was running the country, so he dismissed Parliament and established a dictatorship. This proved to be highly unpopular and after Cromwell's death, the monarchy was restored.
Charles II was placed on the throne and cooperated with Parliament in ruling the country. When his successor, James II, assumed the throne, he tried to re-establish the divine right of kings. This brought him into sharp conflict with Parliament and resulted in Parliament's offer of the crown to the King's daughter. Mary and her husband, William of Orange, accepted the throne in 1689 on the condition that they sign the English Bill of Rights, which established the supremacy of Parliament.
Summary of the Bill of Rights
· The King or Queen cannot enforce laws or suspend them without the approval of Parliament.
· The people have the right to petition the King or Queen, and cannot be punished for doing so.
· A standing army cannot be raised or maintained within the Kingdom without the approval of Parliament.
· Members of Parliament should be freely elected.
· Within Parliament there shall be full freedom of speech. Nothing said within Parliament can be used in a court of law.
· Excessive bail should not be demanded, nor excessive fines imposed, nor cruel and unusual punishment inflicted.
· The people demand and insist that all of these rights belong to them, and they cannot be taken away.
The Declaration of Independence from Britain was written by Thomas Jefferson who based his argument on the British philosopher John Locke's Second Treatise on Government (1689).
The Continental Congress on July 4, 1776, made the unanimous Declaration of the Thirteen United States of America.
The Declaration of Independence
When, in the course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the Earth, the separate and equal station to which the laws of nature and of God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.
We hold these truths to be self-evident: That all men are created equal; that they are endowed by their Creator with certain unalienable rights; that among these are life, liberty and the pursuit of happiness.
That to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed; that whenever any form of government becomes destructive of these ends, it is the right of the people to alter or abolish it, and to institute a new government, laying its foundation on such principles, and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness. Prudence, indeed, will dictate that governments long established should not be changed for light and transient causes; and accordingly all experience hath shown that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the form to which they are accustomed. But when a long train of abuses and usurpation, pursuing invariably the same object, evinces a design to reduce them under absolute despotism, it is their right, it is their duty, to throw off such a government, and to provide new guards for their future security.
Such has been the patient sufferance of these colonies; and such is now the necessity which constrains them to alter their former systems of government. The history of the present King of Great Britain is a history of repeated injuries and usurpation, all having in direct object the establishment of an absolute tyranny over these states. To prove this, let facts be submitted to a candid world....
In every stage of these oppressions we have petitioned for redress in the most humble terms; our repeated petitions have been answered only by repeated injury. A prince, whose character is thus marked by every act which may define a tyrant, is unfit to be the ruler of a free people.
Nor have we been wanting in our attentions to our British brethren. We have warned them, from time to time, of attempts by their legislature to extend an unwarrantable jurisdiction over us. We have reminded them of the circumstances of our emigration and settlement here. We have appealed to their native justice and magnanimity; and we have conjured them, by the ties of our common kindred, to disavow these usurpations which would inevitably interrupt our connections and correspondence. They too, have been deaf to the voice of justice and consanguinity (brotherhood). We must, therefore, acquiesce (agree) in the necessity which denounces our separation, and hold him, as we hold the rest of mankind, enemies in war, in peace friends.
We, therefore, the representatives of the United States of America, in General Congress assembled, appealing to the Supreme Judge of the world for the rectitude (correctness) of our intentions, do, in the name and by the authority of the good people of these colonies, solemnly publish and declare, that these United colonies are, and of right ought to be free and independent states; that they are absolved of all allegiance to the British crown, and that all political connection between them and the state of Great Britain is, and ought to be, totally dissolved; and that, as free and independent states, that they have full power to levy war, conclude peace, contract alliances, establish commerce, and do all other acts and things which independent states may of right do. And for the support of this declaration, with a firm reliance on the protection of Divine Providence, we mutually pledge to each other our lives, our fortunes and our sacred honour.
