For Short Paper #1, you will review a hypothetical scenario and compose a two-page paper in response.
Hypothetical
It is a dark night in California. An apparently drunken driver fatally injures a woman standing by the side of the road. The victim, a Jehovah’s Witness, lived long enough to refuse blood transfusions, in keeping with her religious beliefs. She did not live.
Now, a jury in suburban Los Angeles must decide whether driver, Brent Birch, is guilty of second-degree murder or whether victim, Leah Russell, caused her own death by refusing transfusions. Some expert prosecution witnesses testified that the blood might have saved her although no witness could say for sure. His blood alcohol level the night Russell was hit was allegedly twice the legal limit. He faces 15 years to life if convicted.
Based on the readings and activities in this unit, how would you judge this case? Is this a case of murder? Manslaughter? Consider your options for labeling the crime.
Assignment
Write a two-page paper analyzing and discussing the issues presented above. Although there is no required format for this assignment, please write complete sentences in paragraph form. However, you should cite to your source, such as the textbook, case law, etc.
Outline
Here is a good way to approach writing this paper – it is not the only way. One note I will make is that it is important to use the California Penal Code to review the crimes the defendant might be charged with. Whenever you are told what the jurisdiction is, you should use that state’s law.
I. Introduction: What are the issues you are going to discuss in the paper?
II. Possible murder charge?
a. Review the elements needed to prove first and second degree murder under California law.
b. Apply those to the facts of this case to show if they are met or not
c. Arrive at your conclusion
III. Possible manslaughter charge?
a. Review the elements needed to prove voluntary and involuntary manslaughter under California law.
b. Apply those to the facts of this case to show if they are met or not
c. Arrive at your conclusion
IV. Gross Vehicular Manslaughter
a. What is the California law on this?
b. Apply the requirements of this law to the facts of the case
c. Arrive at your conclusion
V. Causation
a. Discuss what effect, if any, the victim’s refusal to have the blood transfusion has on any of these crimes.
