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DO NOW after-break class exercise

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DO NOW after-break class exercise


Class: Social Studies – Street Law

Date:

Name:__________________________________________________ __



Please answer this question. You will turn this in.


The National Museum of Crime and Punishment is currently holding a special exhibit in their museum that invites couples to "delight their dark side" this Valentine's Day weekend. The Crimes of Passion exhibit features stories of violence against romantic partners. Do you think this exhibit should exist so that people can learn about the crimes of others? Is it insensitive to the families of the victims?

In most states, it is illegal to profit from a crime one has committed, but it's okay for third parties to profit from them. This law is called the “Son of Sam” law and it’s named after the 1970s NY serial killer who claimed his neighbor’s dog was possessed and making him kill people. The law was made so that if “Son of Sam” and any other criminal offenders were getting paid for telling the story about their crimes, they would not get to keep the money and instead would have to give that money to the state. The state then uses this money to help crime victims. What about the First Amendment right to free speech? Do you think this law should exist, or should the criminals be able to keep the money?


Name:__________________________________________________ __

The tickets for the Crimes of Passion Exhibit are $30.00 per couple. Again, in most states, it is illegal to profit from a crime one has committed, but it's okay for third parties to profit off them. Some people think that no one should be able to profit from the illegal acts of others. Do you think the museum should be allowed to keep the money they earn by showcasing the crimes of others, or should they be held to the same standard as those who commit the crimes and be forced to turn the money over to the government to benefit the victims?


Teacher’s version with answers

Hand out #6 Class: Social Studies – Street Law Date: Name:__________________________________________________

Speed dating Valentine’s Day Lesson on Crimes of Passion: Provocation as a defense



Voluntary Manslaughter
***If your client kills someone after being provoked, your goal is to get your client’s charges reduced from first or second degree murder to manslaughter!***
We hear about crimes of passion all the time. When a person becomes very jealous or disappointed, it can produce such strong emotions that he cannot think rationally and may act on impulse without thinking about the consequences. For example, when a man walks in on his wife and her lover, and shoots them both in the head out of anger, he might not be thinking rationally. A crime of passion is usually a murder or an assault where one lover is jealous, angry, or heartbroken and has an emotional outburst and acts on impulse without thinking or planning ahead of time (so there is no premeditation). When you are charged with first or second degree murder, you can claim Provocation as a defense. The purpose of this defense is to get your sentence lowered from first or second degree murder down to the lesser crime of manslaughter.
Both first and second degree murder typically require intent. Intent means that the criminal decided that he wanted to kill the victim, planned to do it, and then executed his plan. Without intent, charges need to be dropped to manslaughter or some other lesser degree charge (unless the crime falls into the “extreme indifference” category of first degree murder, as explained on the WA statute handout you will also receive).

Juries are often sympathetic when a person commits a crime out of rage or jealousy, perhaps because they know how they would feel if they walked in on their boyfriends or girlfriends being involved with another person.

Murder isn't a crime of passion unless the murder was committed immediately following the discovery of whatever prompted the attack. For example, if a man walks into a bedroom and finds his wife in bed with another man, he might be able to claim a crime of passion if he shoots them right away, and his charges will be dropped to manslaughter. But, if he leaves them room and then comes back five hours later and shoots them, it could be considered premeditated and indicate intent. He will most likely be charged with first or second degree murder then.

Speed dating instructions:

Have each student write his/her name on the heart in front of him/her. The teacher will then collect the hearts and put them in a jar. The students will count off by 1’s and 2’s. The 1’s remain seated. All of the 2’s stand up and move to the next open seat to their left. Sit down. You will do the first example with this partner. The teachers will then pull one of the hearts out of a jar, read that student’s name, and that student will state the answer he/she and his/her partner came up with. The 2’s will then stand up and move to the next available seat to their left, sit down, and do the next example.
3-PART TEST
To get your charges reduced from first or second degree murder to manslaughter, you need to pass all of these tests (as shown on the board) to show that your crime was not premeditated, so it lacked intent:





  1. Reasonable person” provoked?

You look to see if the “reasonable person” would have been provoked, so this means that the average person would act rashly or on impulse from passion instead of thinking logically. A good example of this is adultery. Write below if the reasonable person would be provoked to kill the other person.

Example 1: Discovering one’s spouse committing adultery


  • Answer: YES. This is usually found to be adequate provocation. This includes walking in on the act or sometimes even just being told about it.

Example 2: Insulting words - The checkout guy at the grocery store is having a bad day and he takes it out on you. He tells you your jacket is ugly and that he is glad he doesn’t look like you.

  • Answer: No. Words are not usually found to be reasonable provocation for killing someone.

Example 3: Battery – here your friend punches you in the face and gives you a black eye. You are mad, but it will heal.

  • Answer: NO. This not adequate provocation because it shouldn’t provoke you to kill the person, unless the person hit you incredibly violently such that it was very painful and serious harm was inflicted. Even then, if you caused the fight, it might not be reduced to manslaughter.

Example 4: Mutual combat where you are both voluntarily fighting and are punching each other to the point of almost being unconscious.

  • Answer: PROBABLY. This will likely be reduced to manslaughter, unless at the beginning of the fight you took unfair advantage of the other person. Then it will remain as first or second degree murder.




  1. Actual provocation

Even if the reasonable person would be provoked, if the killer wasn’t, the charge won’t be reduced. Write below if there is actual provocation.

Example 1: Mary walks in on her husband Jeff having an affair with her younger sister. She and her sister share everything, so she doesn’t mind. However, she is mad that her sister forgot to pick her up from the airport this morning, so she shoots her.


  • Answer: NO actual provocation. Her charges will not be dropped because even though the reasonable person would be provoked by walking in on her husband and sister having an affair, this is not what provoked her. The reasonable person would not be provoked to the point of murder because someone forgot her at the airport. She will be charged with first or second degree murder and it won’t be reduced to manslaughter.


Example 2: Mary walks in on her husband Jeff having an affair with her younger sister. She is furious, panics, and throws a TV over her sister’s head. Her sister dies.

  • Answer: YES, actual provocation. Her actions here were in response to the adultery, which is actual provocation so it could be manslaughter.




  1. No cooling off period

There must not have been any time between the killing and the experience that prompted the killing. If there was, it will be said that the criminal had a cooling off period, so it was premeditated and can no longer be called manslaughter because there was intent. The murderer will now be convicted of the more serious crime of murder, either first or second degree murder. While there is not an exact time limit, they look to see if a reasonable person would have had time to cool off.
Decide if the reasonable person would have cooled off by the time the murder occurred. If she would have had time to cool off, then the provocation defense won’t apply and she will be charged with first or second degree murder. Note, cooling off does not mean that the reasonable person would no longer be angry. Rather, that the reasonable person should once again be in control of his or her actions.

Example 1: Mary walks in on her husband Jeff having an affair with her younger sister. She is furious, so she leaves town. She comes back a week later, goes to his house, and kills him with a kitchen knife.


  • Answer: YES, she had time to cool off. The provocation defense does not apply, so first or second degree murder applies.


Example 2: Mary walks in on her husband Jeff having an affair with her younger sister. She is furious, so she leaves town. She has completely calmed down, so she comes back a week later. She goes to see him and get her stuff back, and they are having a calm discussion when she spots a picture of her husband and her sister kissing. She is furious, freaks out all over again, and kills him with a kitchen knife.

  • Answer: NO, probably was not cooled off when this crime occurred. Although the cooling off period may have passed, an event occurred that re-inflamed her passions. Courts have been mixed with whether this resets the cooling off period, though most agree that it does and she would not have missed her manslaughter time window and can still be convicted of that instead of the more serious first or second degree murder.


Example 3: A father unexpectedly encounters the murderer of his child. He is suddenly and uncontrollably enraged by the situation, so he stabs the rapist with his envelope opener, and the rapist bleeds to death.

  • Answer: NO, he was not cooled off when the crime was committed. Although the cooling off period may have passed, an event occurred that re-inflamed his passions.

Example 4: A husband unexpectedly bumps into the rapist of his wife. He is suddenly and uncontrollably enraged by the situation, so he stabs the rapist with his envelope opener, and the rapist bleeds to death.
  • Answer: NO, he was not cooled off when the crime was committed. Although the cooling off period may have passed, an event occurred that re-inflamed his passions. He will most likely be charged with manslaughter because the cooling off period has been reset. This shows that even though he could have been said to be getting revenge and time had passed, and the crime he committed was harsher than the one he was seeking revenge against, his sentence can still be reduced.



Where to go if you need help:

Domestic Violence and Sexual Assault Prevention
Domestic Violence & Sexual Assault Prevention
Domestic violence is not a crime of passion but rather a social problem that requires serious attention from communities across the country. Here are just some of the statistics showing how widespread it is:

  • approximately one in four women will experience intimate partner violence at some point in their lives.

  • an estimated 1.3 million women are victims of physical assault by an intimate partner each year.

  • about 3 women are killed every day in the U.S. by a current or former intimate partner.

  • almost 1/3 of female homicide victims that are reported in police records are killed by an intimate partner

  • every year in the U.S 240,000 pregnant women will experience abuse during her pregnancy

Phone Numbers to call if you or anyone you know is ever in need of help:

  • If you or your family are in immediate danger, call 911.

  • If you have been abused by an intimate partner, call the Washington State Domestic Violence Hotline: 1-800-562-6025.

  • If you have been sexually assaulted, call the King County Sexual Assault Resource Center: 1-888-998-6423.
  • Help is available for those suffering from abuse - physical, sexual, or emotional. If you are a victim, please call the National Domestic Violence Hotline at 1-800-799-7233 or TTY 1-800-787-3224.


  • Non-English speakers: If the person needing help is a - The toll-free "Peace in the Home" Helpline, 1-888-847-7205 for help in non-English languages.

Phone numbers for if you are experiencing emotions that you fear could result in your abusing another or have already resulted in your abusing another.

Everyone experiences feelings of jealousy or extreme emotions from time to time. Sometimes these emotions become too powerful to control without help. If you feel you are having a hard time controlling these emotions, or know someone is, there is free help available.

Call the Seattle Human Services Department’s Domestic Violence and Sexual Assault Prevention program at 206-233-2774, or e-mail endviolence@seattle.gov.

Or you can seek counseling by calling the Community Hotline as mentioned below: 211 or 1-800-621-4636.



http://www.seattle.gov/humanservices/domesticviolence/forabusers/default.htm

Community Hotline

211 Community Information Line by dialing 211 or 1-800-621-4636. This is the number that you call to find help within the community. It includes many free community resources that include:



  • assistance with such needs as rent/mortgage payments

  • in-home care services

  • low-cost mental health

  • chemical dependency counseling

  • legal aid


Students’ Version of Hand out #6 Class: Social Studies – Street Law Date: Name:__________________________________________________

Speed Dating Valentine’s Day Lesson on Crimes of Passion: Provocation as a defense


***If your client kills someone after being provoked, your goal is to get your client’s charges reduced from first or second degree murder to manslaughter!***

Voluntary Manslaughter
We hear about crimes of passion all the time. When a person becomes very jealous or disappointed, it can produce such strong emotions that he cannot think rationally and may act on impulse without thinking about the consequences. For example, when a man walks in on his wife and her lover, and shoots them both in the head out of anger, he might not be thinking rationally. A crime of passion is usually a murder or an assault where one lover is jealous, angry, or heartbroken and has an emotional outburst and acts on impulse without thinking or planning ahead of time (so there is no premeditation). When you are charged with first or second degree murder, you can claim Provocation as a defense. The purpose of this defense is to get your sentence lowered from first or second degree murder down to the lesser crime of manslaughter.
Both first and second degree murder typically require intent. Intent means that the criminal decided that he wanted to kill the victim, planned to do it, and then executed his plan. Without intent, charges need to be dropped to manslaughter or some other lesser degree charge (unless the crime falls into the “extreme indifference” category of first degree murder, as explained on the WA statute handout and chart you will also receive).
Juries are often sympathetic when a person commits a crime out of rage or jealousy, perhaps because they know how they would feel if they walked in on their boyfriends or girlfriends being involved with another person.

Murder isn't a crime of passion unless the murder was committed immediately following the discovery of whatever prompted the attack. For example, if a man walks into a bedroom and finds his wife in bed with another man, he might be able to claim a crime of passion if he shoots them right away, and his charges will be dropped to manslaughter. But, if he leaves them room and then comes back five hours later and shoots them, it could be considered premeditated and indicate intent. He will most likely be charged with first or second degree murder then.


Speed dating instructions:
Have each student write his/her name on the heart in front of him/her. The teacher will then collect the hearts and put them in a jar. The students will count off by 1’s and 2’s. The 1’s remain seated. All of the 2’s stand up and move to the next open seat to their left. Sit down. You will do the first example with this partner. The teachers will then pull one of the hearts out of a jar, or a student will do so, read that student’s name, and that student will state the answer he/she and his/her partner came up with. The 2’s will then stand up and move to the next available seat to their left, sit down, and do the next example.
3-PART TEST
To get your charges reduced from first or second degree murder to manslaughter, you need to pass all of these tests (as shown on the board) to show that your crime was not premeditated, so it lacked intent:


  • reasonable person provoked

  • actual provocation

  • AND no cooling off period



  1. Reasonable person” provoked?

You look to see if the “reasonable person” would have been provoked, so this means that the average person would act rashly or on impulse from passion instead of thinking logically. A good example of this is adultery. Write below if the reasonable person would be provoked to kill the other person.
Example 1: Discovering one’s spouse committing adultery

Example 2: Insulting words - The checkout guy at the grocery store is having a bad day and he takes it out on you. He tells you your jacket is ugly and that he is glad he doesn’t look like you.

Example 3: Battery – here your friend punches you in the face and gives you a black eye. You are mad, but it will heal.


Example 4: Mutual combat where you are both voluntarily fighting and are punching each other to the point of almost being unconscious.



  1. Actual provocation

Even if the reasonable person would be provoked, if the killer wasn’t, the charge won’t be reduced to manslaughter because provocation won’t be found. Write below if there is actual provocation.
Example 1: Mary walks in on her husband Jeff having an affair with her younger sister. She and her sister share everything, so she doesn’t mind. However, she is mad that her sister forgot to pick her up from the airport this morning, so she shoots her.

Example 2: Mary walks in on her husband Jeff having an affair with her younger sister. She is furious, panics, and throws a TV over her sister’s head. Her sister dies.

  1. No cooling off period

There must not have been any time between the killing and the experience that prompted the killing. If there was, it will be said that the criminal had a cooling off period, so it was premeditated and can no longer be called manslaughter because there was intent and is now pushed back up the more serious charges of first and second degree murder. While there is not an exact time limit, they look to see if a reasonable person would have had time to cool off.
Decide if the reasonable person would have cooled off by then. If she would have had time to cool off, then the provocation defense won’t apply and she will be charged with first or second degree murder. Note, cooling off does not mean that the reasonable person would no longer be angry. Rather, that the reasonable person should once again be in control of his or her actions.

Example 1: Mary walks in on her husband Jeff having an affair with her younger sister. She is furious, so she leaves town. She comes back a week later, goes to his house, and kills him with a kitchen knife.


Example 2: Mary walks in on her husband Jeff having an affair with her younger sister. She is furious, so she leaves town. She has completely calmed down, so she comes back a week later. She goes to see him and get her stuff back, and they are having a calm discussion when she spots a picture of her husband and her sister kissing. She is furious, freaks out all over again, and kills him with a kitchen knife.



Example 3: A father unexpectedly encounters the murderer of his child. He is suddenly and uncontrollably enraged by the situation, so he stabs the rapist with his envelope opener, and the rapist bleeds to death.

Example 4: A husband unexpectedly bumps into the rapist of his wife. He is suddenly and uncontrollably enraged by the situation, so he stabs the rapist with his envelope opener, and the rapist bleeds to death.

Where to go if you need help:

Domestic Violence and Sexual Assault Prevention
Domestic Violence & Sexual Assault Prevention
Domestic violence is not a crime of passion but rather a social problem that requires serious attention from communities across the country. Here are just some of the statistics showing how widespread it is:


  • approximately one in four women will experience intimate partner violence at some point in their lives.

  • an estimated 1.3 million women are victims of physical assault by an intimate partner each year.

  • about 3 women are killed every day in the U.S. by a current or former intimate partner.
  • almost 1/3 of female homicide victims that are reported in police records are killed by an intimate partner


  • every year in the U.S 240,000 pregnant women will experience abuse during her pregnancy

Phone Numbers to call if you or anyone you know is ever in need of help:

  • If you or your family are in immediate danger, call 911.

  • If you have been abused by an intimate partner, call the Washington State Domestic Violence Hotline: 1-800-562-6025.

  • If you have been sexually assaulted, call the King County Sexual Assault Resource Center: 1-888-998-6423.

  • Help is available for those suffering from abuse - physical, sexual, or emotional. If you are a victim, please call the National Domestic Violence Hotline at 1-800-799-7233 or TTY 1-800-787-3224.

  • Non-English speakers: If the person needing help is a - The toll-free "Peace in the Home" Helpline, 1-888-847-7205 for help in non-English languages.

Phone numbers for if you are experiencing emotions that you fear could result in your abusing another or have already resulted in your abusing another.

Everyone experiences feelings of jealousy or extreme emotions from time to time. Sometimes these emotions become too powerful to control without help. If you feel you are having a hard time controlling these emotions, or know someone is, there is free help available.

Call the Seattle Human Services Department’s Domestic Violence and Sexual Assault Prevention program at 206-233-2774, or e-mail endviolence@seattle.gov.

Or you can seek counseling by calling the Community Hotline as mentioned below: 211 or 1-800-621-4636.


http://www.seattle.gov/humanservices/domesticviolence/forabusers/default.htm


Community Hotline

211 Community Information Line by dialing 211 or 1-800-621-4636. This is the number that you call to find help within the community. It includes many free community resources that include:



  • assistance with such needs as rent/mortgage payments

  • in-home care services

  • low-cost mental health

  • chemical dependency counseling

  • legal aid





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