Tucker Hipps

The Case Tucker was a pledge at Clemson Tucker died from a head injury suffered by falling off of a bridge into a shallow lake Is the case Civil or Criminal? – What’s the difference?

Civil vs. Criminal If it is a crime against society as whole, it’s criminal – Jury determines guilt or innocence – Municipality prosecutes If it is a crime against another person, it is civil – Tort – an act that caused another person harm – Jury determines liability – who caused the injury – Victim controls whether case is settled or goes to court – Monetary compensation for injury

Case timeline: al/2015/03/31/tucker-hipps-investigation- reaches-standstill/ / al/2015/03/31/tucker-hipps-investigation- reaches-standstill/ / What questions would you want to ask if you were the police? – Find a partner – Come up with a list of questions Some I will be able to answer Some not – How would you go about finding the answers?

Could it Become a Criminal Case? A witness said that Tucker was made to walk a narrow ledge on the bridge – Why? – He failed to bring breakfast for the morning run and this was his “punishment” If he fell accidentally, is that a crime? – According to the court, no – Why? – Because Tucker got on the ledge himself because he wanted to join the frat They would have to push him for it to be criminal

What’s Going on Now? Tucker’s parents are suing Clemson and the frat – Wrinkle: one of the defendants in the case is the son of a Congressman from Delaware – Why would this change anything? What is “Wrongful Death?” – A person dies because of your willful act, or negligence What is “Negligence?” – Failure to exercise the care a reasonable person should show toward others Falling below the standard behavior of unreasonable risk or harm to protect others

Jurisdiction Where did the event happen? – Clemson is in South Carolina – Oconee County Why can they sue both the University and the frat? – Because the University’s policies did not prevent the death – Because the frat did not abide by the University’s policies

What Will Happen? Given what you know, would you award the Hipps family $25 million? Support your position