1. Murder, Manslaughter, or Self Defense?
After Ch. 4
Murder, Manslaughter, or Self Defense?
Charging Johnny in
The Outsiders
By S.E. Hinton
An exercise in close reading and writing using specific textual evidence. The sentencing information is for California, but can be easily removed from the slides. A quick google search should reveal state sentencing guidelines for murder and manslaughter.

2. Fact in evidence: Johnny killed Bob.
The question is, why? Did he commit a crime, or was it an act of self-defense?

3. The crime of murder is dependent upon the killer’s mens rea
The crime of murder is dependent upon the killer’s mens rea. It is up to the prosecuting attorney (from the State District Attorney’s office) to prove killer’s the mens rea.
Mens rea = Latin for “state of mind.” Mens rea dictates whether the crime of murder or manslaughter was committed, or if there was no crime at all because a death was a result of in self-defense.

4. Did Johnny commit a crime?
Murder: a crime that requires the intent (mens rea) to cause death.
Manslaughter: the crime of causing death without previous intent
Voluntary
Involuntary
No crime occurred– a death occurred as a result of self defense
Connections to current events– Trayvon Martin, Michael Brown

5. Did Johnny commit a crime?
Quickwrite
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6. MURDER 1st degree murder 2nd degree murder
The intent to cause death: It is the unlawful killing of a human being with malice of forethought (the plan to kill them). The mandatory sentence in California is 25 years to life.
1st degree murder
The premeditated (preplanned) killing of another human being. A willful, deliberate, killing. Requires motive (a reason), method, and planning. Includes hiring someone to kill someone.
2nd degree murder
The killing of another person. Requires malice of forethought (the intent to kill, but it was not planned in advance).
1st degree murder would include a slow poisoning, learning someone’s schedule to follow them, lying in wait– plan executed over time. 2nd degree is a short-term plan with the distinct intention of causing a death. Usually if someone attempts to cover up a death it is considered murder.

7. MANSLAUGHTER
Manslaughter carries a sentence of 3 years, 6 years or 11 years in California.
Voluntary manslaughter is killing in the heat of passion. Requires actual passion-- evidence of a disturbed mental state (for example, a crime caused by the perception of danger, in the heat of passion, temporary insanity)
Involuntary manslaughter is accidentally killing a human being and requires gross criminal negligence (carelessness). Conduct demonstrates profound carelessness without concern for human life (for example, DUI, arson, texting while driving).

8. SELF-DEFENSE
The lawful killing of another person as in war, in self-defense, or in defense of another.
Self-defense and defense of another require the belief that there is
immediate danger of death or great physical harm, and
that deadly force is required to defend against the danger.
If the crime could have been stopped without deadly force, it is not a lawful killing. It is not self-defense.

9. You’re the Prosecutor
Reread/highlight the details of the crime in Ch. 4. This is practice in close reading of text.
Look for evidence– words from the text– that support murder, manslaughter, or self-defense. Annotate the evidence by underlining or highlighting and writing your analysis (murd, mans, or SD) in the margin.
Consider other details earlier in the book that may support your argument.
Depending on the level of the class, I either do or do not give them the hint to recall why Johnny carried a switchblade. This detail could be considered premeditation.

10. Writing Task:
Write a paragraph from the perspective of a prosecuting attorney arguing whether or not you think Johnny should be charged with a crime, and if so, what crime he should be charged with and why, and if not, why the evidence proves he did not commit a crime.

11. Good Paragraph Structure
Start with a topic sentence.
State what you think Johnny should be charged with, or that he should not be charged because he acted in self-defense or defense of another.
State why. Use a transition like because, due to, provided that, then explain Johnny’s mens rea using words from the legal definitions.
Next sentences:
Give context; a brief summary of what happened at the fountain.

12. Good Paragraph Structure: Analysis
Give evidence (one of the facts you annotated) that supports your topic statement. This can be quoted from Pony’s story, but doesn’t have to be.
Analyze the evidence by explaining why the evidence supports/proves/backs up your topic sentence.
Give as much evidence and support/analysis as exists that supports your topic sentence. This will be several sentences.
End with a concluding sentence that echoes, but does not restate, the topic sentence.
Analogy to a court trial– the lawyer presents the evidence, then explains how that evidence proves the point he or she is making.

13. Tips Write in third person.
This paragraph is argumentative/ persuasive in nature.
The tone should be professional and formal.
Use first and last names at first, and then only last names.

14. Rubric: Copy and paste this into a Word file.
Meets expectations; includes all required information clearly communicated
Approaching expectations; task attempted but not fully complete
Unclear; missing many requirements; below expectations
Directions not followed; paragraph element not present
Clear topic sentence includes the specific charge; murder, manslaughter, or self-defense
Explains the charge or self-defense effectively, using words from the definition
Summarizes the events leading to Bob’s death accurately and thoroughly
Includes all appropriate and accurate details from the incident
Analysis explains how the events relate to the charge stated in the topic sentence
Concluding sentence reiterates topic sentence in different words
Followed Directions:
Tone is professional/ formal
Written in 3rd person
MLA Style
Writing Conventions
Paragraph appears to be proofread for spelling, capitalization, punctuation, and language use
Writing is fluid and clear with few errors
Comments for the writer:
Rubric: Copy and paste this into a Word file.
The Outsiders, Ch. 4
Murder, Manslaughter, Self-Defense Paragraph Rubric
Literary Analysis
Directions: Write a 3rd person persuasive paragraph from the perspective of the prosecuting attorney stating whether Johnny committed 1st or 2nd degree murder, voluntary or involuntary manslaughter, or if he killed Bob in self-defense. Start with a topic sentence, and then explain what, if any, crime was committed and why using words from the legal definitions of the term used in the topic sentence. Then retell the story of Bob’s death focusing on the details that prove your topic sentence. Be sure to conclude your paragraph by restating the topic sentence in different words.