New Columbia v. Chris Archer Practical Law Introduction Into a Mock Trial

Previous Cases: Richards v. New Columbia, 908 A.2d. 1096 (1995). Summary of Facts: On appeal. John Richards, leader of a gang known as the “Nines” was convicted of 2nd degree murder under §2-745 and criminal hazing under the Anti- Hazing/Gang Initiation Statute. As part of a gang initiation ritual, Richards instructed potential gang members to lay on train tracks and count to ten after feeling the initial vibrations of an oncoming train. After drinking heavily, Mark Yoba, a young man being initiated into the gang, lay on the tracks. However, in his intoxicated state, Mr. Yoba did not start counting until the train was almost upon him. Mr Yoba did not react quickly enough to move himself from harm’s way and was consequently killed. Holding: Although the behavior of Mr. Richards was hazardous, he should not be held responsible for Mr. Yoba’s death. In analyzing culpability for this tragedy, the court must examine the extent that outside pressure caused the victim to act in such a life- threatening manner. Lying on train tracks is an obviously dangerous activity. Despite his intoxication, there is no evidence that blood alcohol levels were high enough to completely impair Mr. Yoba’s judgment. Despite intense peer pressure, Mr. Yoba should have been aware of the risks of undertaking such an activity. The facts do not support conviction of 2nd degree murder. Regarding criminal hazing, on the other hand, the activities that Mr. Richards selected for initiation put people at serious risk of injury or death. As leader of the Nines, Mr. Richards could have avoided this tragedy by not selecting such a dangerous activity. Judgment of the trial court is affirmed on the charge of criminal hazing and reversed on the charge of 2nd degree murder.

Nichols v. New Columbia, 908 A.2d. 1011 (1995) Summary of Facts: On appeal. Deborah Nichols, president of the Alpha Delta Alpha sorority, was convicted of involuntary manslaughter under §4-1213 and criminal hazing under §4-1213 of the New Columbia Code. As part of an annual sorority drinking competition, pledges were told to compete against each other to see who could consume the greatest amount of beer. Tamara Wilcox, a freshman at Dreyfuss University, was a pledge at Alpha Delta Alpha sorority. As a pledge, Ms. Wilcox was required to engage in this drinking competition. The other members of the sorority, as dictated by Ms. Nichols, told the pledges to continue to drink, despite obvious signs of intoxication. Ms. Wilcox died of alcohol poisoning as a result of this hazing activity. Holding: Although Ms. Wilcox could have chosen not to drink, it is quite clear that she was under a great deal of pressure to compete in the drinking contest. Under Ms. Nichols’ directive, members of the sorority continued that pressure despite the fact that Ms. Wilcox’s state of intoxication made her incapable of making rational choices. This activity was clearly a dangerous one that put people at risk of serious injury and, in this case, death. Though Ms. Wilcox may not have intended to kill Ms. Nichols, she was fully aware of the potential dangers of such hazing activities. Judgment of the trial court affirmed.

Thomas v. Sylva, 908 A.2d 128 (1993) Holding: In a case where the charge is first degree murder, lesser included offenses in the meaning of Criminal Rule 31 include second degree murder and involuntary manslaughter, where defendant introduces evidence of lack of deliberation, premeditation and malice.

Pat Smith Milan’s friend since Junior High “Nerdy”, like Milan USED TO be. Applied to all the same colleges as Milan, decided on Columbia Pledged the frat together Hell Week: They ate dirt, drank large quantities of alcohol, cleaned toilets with toothbrushes and more! “Milan told me that Chris said that if she would sleep with his/her friend Bryan, that she would not only be guaranteed to become a Gamma, but that Chris would make sure that she would be elected head of new Gammas.” She didn’t and the Gammas were really mean to her. Calling her “Ms. Stuck Up” and constantly teasing. Had an asthma attack after being swatted in his underwear with a wooden paddle. While in the hospital was threatened by other Gammas Told the Dean but was told that he was overreacting and that it was all in “good fun” Lied to the police about what happened after talking to the Dean…only made things worse, but got to stay on as a pledge.

Description of “Hell Night” I heard Chris’ voice call for Milan. He said, “We have something special in mind for you, Milan.” Approximately five minutes later I heard people yelling and shouting. I pulled the blindfold off of my eyes and ran outside to see what was going on. I couldn’t believe it! I saw Milan on the ledge of the clock tower. Then I saw Chris put his/her hand on Milan’s shoulder and push her off the ledge. The next thing I knew, Milan’s bleeding, lifeless body was on the ground in front of the clock tower. I know Chris is lying about having tried to stop Milan from going out on the ledge. Milan would never have gone up on the ledge of that building on her own. She has always been deathly afraid of heights. I think that is precisely why the Gammas made her go on that ledge to hang the flag. They wanted to terrify her or maybe they even intended to kill her. I know Chris must have been pushing Milan instead of pulling her back on the ledge. He is just that mean! It was clear that they were making Milan do more than the other pledges. What the Gammas did was cold-hearted murder.

Dean Thomas Knew Chris Archer well – volunteer work and helped to write the anti-hazing legislation Milan was disturbed, seeing dr. Milan could not measure up to the success of her aunt and therefore jumped.

Dr. Mitchell Historian who studied the university for 25 years “Raising the flag” is a tradition

NEXT UP: Crimes Against Property Arson, vandalism, crimes in which property is taken against the will of the owner. Cybercrimes such as identity theft and cyberstalking are also included.

Vandalism Vandalism is the destruction of, or damage to, the property of another person. It can cause millions of dollars in damage each year. It includes breaking windows and spray painting walls. For example, buildings that have graffiti from gangsters or from a gang can be considered as vandalism. Depending on the damages, vandalism can be either a felony or misdemeanor. ON A SEPARATE SHEET OF PAPER: DRAW ME YOUR STEREOTYPICAL “VANDAL”.

Embezzlement Embezzlement is the unlawful taking of property by someone to who it was entrusted. For example, a bank teller who takes money from the cash drawer is guilty of embezzlement. Also, when a stockbroker who takes money that should have been invested is also guilty. A number of states have merged crimes of embezzlement into statutory crime or theft. 

Extortion Extortion, or blackmail, is the use of threats to obtain the property of another person or people. For example, I’ll kill you if you don’t pay me $1,000. 

Computer Crimes Computer crime has been defined broadly to include any violation of criminal law that involves the use of computer technology to commit the prohibited act. Also, it involves crimes that spread viruses to other computers or using programs to steal passwords and gain access to computer services. Hackers who are angry with their company usually gain illegal access to government or corporate computer systems. Many people disagree on how hackers should be punished. For example, some people believe that they are dangerous and should receive jail terms and pay large fines while others believe that they don’t intend to inflict harm and they can be rehabilitated. There are two types of hackers” the ones who do it just for fun, a challenge, or just to point out flaws in security, and then there are “crackers” or criminal hackers who seek to make money from breaking into computers. Hackers can release viruses as practical jokes, slow down computers, erase or damage data, or act in other harmful ways.

Arson Problem where buildings are deliberately set on fire, also other properties. Arson fires can burn out of control, which can destroy homes, businesses, national parks, and open spaces.  Arson is one of the easiest crimes to commit on the spur of the moment…it takes only seconds to light a match to a pile of clothes or a curtain… - People v. Atkins, cited in Section 11 "Arson Intent"