Well I’m having a mock trial in my business law class and I need help formulating a defense for my “client.” Keep in mind this is high school. This is a criminal trial.
The basic facts of the case are:
A family moved into the area, with a young son named Brian. Brian, the new kid at school, was exiled from virtually all social groups. In an attempt to gain popularity, Brian agreed to undergo a hazing ritual in order to become a member of the popular group, the Falcons. My “client,” the leader of the Falcons, arranged for the hazing ritual and was the key witness to authenticate the ritual.
The hazing ritual was to jump off an abandoned railroad bridge and into a river beneath it. On the night that the ritual occurred, two other initiates were to perform the same feat. One did so successfully before Brian went up and climbed onto the railing. Brian initially hesitated to jump off the bridge, and then suddenly stepped backwards and fell off. At no point did my client touch Brian. He fell down and hit a concrete pylon (one of the supports of the bridge) instantly killing him.
My “client” fled the scene and was later questioned and arrested for the death of Brian.
He is being tried for:
Manslaughter I and II
Hazing
Criminal Mischief of the Fourth Degree
Basically, what would be a good defense against these allegations? Obviously I’ll be doing a lot of the leg work on this on my own, but any pointers would be greatly appreciated.
Well, the exact location seems to have been omitted either purposely or is one of many oversights.
In any case, the relevant statutes are:
Hazing in the First Degree - A person is guilty of hazing in the first degree when, in the course of another person’s initiation into any organization, he intentionally or recklessly engages in conduct which creates a substantial risk of physical injury to another person and thereby causes such an injury.
Criminal Mischief in the Fourth Degree - A person is guilty of criminal mischief in the fourth degree when, having no right to do so, he intentionally damages property of another person or intentinoally participates in the destruction of an abandoned structure.
Criminally Negligent Homicide - A person is guilty of criminally negligent homicide when, with criminal negligence, he causes the death of another person.
Manslaughter I - Guilty of manslaughter when with intent to cause serious physical injury or death to another person he causes the death of such person.
Manslaughter II - Guilty of manslaughter in the second degree when he recklessly causes the death of another person.
Just from looking at the statutes and their definitions, I’m fairly confident I can have manslaughter I dismissed as well as Criminal Mischief.
Criminal Negligent Homicide as well as Hazing seem almost unavoidable in this situation though, and that is why I was asking for some help.
