1. State of new Columbia v. ChRIS ARCHER

2. The LAW

3. Murder in the first degree
First degree murder is the deliberate and premeditated unlawful killing of a human being. Premeditation means that the defendant actually reflected on the idea of killing, if only for a brief period.
IN NEW COLUMBIA, THERE ARE TWO LESSER INCLUDED CHARGES THAT GO WITH FIRST DEGREE MURDER: SECOND DEGREE MURDER AND INVOLUNTARY MANSLAUGHTER.

4. MURDER IN THE SECOND DEGREE
Second degree murder is the unlawful killing of a human being with malice aforethought. Malice aforethought may be expressed or implied.
Malice aforethought exists if the defendant has any of the following states of mind:
(I) Intent to kill (“express” malice)
(ii) Intent to inflict great bodily injury
(iii) Reckless indifference to an unjustifiably high risk to human life
(iv) Intent to commit a felony

5. Involuntary manslaughter
Involuntary manslaughter is a killing which occurs as a result of an unreasonable failure to perceive the risk of harm to others, while engaging in conduct resulting in extreme danger to life or of serious bodily injury. This conduct is also known as criminal negligence.

6. Anti-Hazing/Gang Initiation Statute
A person commits criminal hazing if:
(1) Serious physical injury or death results, or is likely to result, from an act or the direct influence of a gang or fraternity/sorority member during the initiation process.
(2) This charge may be brought in conjunction with any other violent crimes against a human being.

7. Standard of proof This is a criminal trial; Beyond a reasonable doubt
All elements of each crime must be proven to this standard

8. Applicable case law

9. Richards v. new columbia
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.

10. Nichols v. new columbia
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.

11. Anderson v. new columbia
Past behavior or incidents involving the alleged victim or defendant are admissible when used to establish motive for murder or suicide.

12. Thomas v. sylva
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.

13. The facts

14. Stipulated facts
The victim, Milan jackson, died as a result of a 26-foot fall from the clock tower located in the student center of Columbus University.
Her death occurred during a pledging activity sponsored by Phi Gamma (hereafter Gamma), the coed fraternity Milan was pledging at the time.
At the time of her death, Milan’s blood alcohol content was 0.10.

15. Phi gamma
Greek life plays a large role on the Columbus University campus. Gamma, in particular, is known for having members in high academic and social standing.
Milan was eager to become a part of this organization, as had her aunt, Tanya Maddox, in 1986.
The defendant, Chris Archer is the president of Gamma, and was in charge of planning Gamma’s 1997 pledging activities.

16. Pledging and hell week
Pledging is the process fraternities use to select which freshmen they will accept into their group that year.
In the Gamma fraternity, the last week of pledging is known as “Hell Week.” During Hell Week, pledges are given various tasks by the fraternity’s upperclassmen, which they must complete if they want to be considered for membership.
The last night of hell week is called hell night, and that was the night that milan died.

17. The events of HELL NIGHT
On the last night of pledging, known as “Hell Night,” all pledges of the Gamma fraternity were blindfolded while inside of the Gamma fraternity house. Then they were to be led, one at a time, outside of the fraternity house to perform one last task before they were informed who had made it into the fraternity and who had not.
While Milan was outside and blindfolded, the defendant whispered something into her ear.
Shortly thereafter, Milan grabbed the fraternity flag, ran to the student center and up to the clock tower.

18. The parties

19. Milan Jackson At the time of her death, 18 years old.
Just starting her freshman year at Columbus University
A graduate of Ida B. Wells High School.

20. Witnesses for the prosecution

21. PAT SMITH
Childhood best friend of milan. Attended high school together, and made sure to attend same college.
Both pledged phi gamma. However, pat was not as well liked by members of the fraternity at milan.
Claims she was nearly killed in an earlier hazing incident, but was intimidated into dropping the charges.
She firmly believes that chris archer killed milan.

22. Dr. Alex richards
Expert on hazing and gang inititations. Practicing psychologist at the university.
Was seeing milan as patient prior to her death.
Convinced that milan was under extreme pressure from phi gamma during hazing process.
Will testify that the way milan died is consistent with death from dangerous hazing, and that she was killed by phi gamma’s hazing

23. Tyler johnson
Vice president at phi gamma. Extremely bitter that they were not elected to be president. If chris is convicted, presidency of frat will default to tyler.
Will testify about chris’ resentment and anger towards milan.
Was involved with planning of hell week activities. Had several conversations with chris that imply milan was receiving a very harsh haze.
Firmly believes that chris killed milan. Was at clocktower when milan fell.

24. Witnesses for the defense

25. Chris archer
President of phi gamma, well respected member of the campus community.
Ran the pledging process, organized hell week. He/she was the one who gave milan her final task. He/she was then alone with milan for a moment at the top of the tower. Claims he/she was attempting to grab milan to stop her, other witnesses claim it was a push.
Did not get along with milan.

26. Dean j. Thomas
Dean at the university. Received multiple awards for lack of problems with fraternities. Character witness for the phi gamma chapter.
Discusses the reporting process for hazing incidents.
Believes this was a tragic accident.

27. Dr. Jordan mitchell
Discusses history of hazing at university. Explains how campus policy has changed the dangers traditionally associated with fraternities.
Also compares milan’s death to the suicide of her favorite aunt, noting the similarities.