Murder, Manslaughter, or Self Defense

After Ch.
Murder, Manslaughter,
or Self Defense?
Charging Johnny in
The Outsiders
By S.E. Hinton
Fact in evidence:
Johnny killed Bob.
The question is
MOTIVE.
Did he commit a crime or
was it an act of self-defense?
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 self-defense.
Did Johnny commit a crime?
n Murder: a crime that requires the intent
(mens rea) to cause death.
n Manslaughter: the crime of causing
death without previous intent
§ Voluntary
§ Involuntary
n No crime occurred– a death occurred as
a result of self-defense
Did Johnny commit a crime, or
was Bob’s death self-defense?
n Quickwrite
n Share
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).
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).
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
1) immediate danger of death or great physical harm,

and
2) 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.
Close Reading
n Reread the events that occurred at the
fountain in Ch. 4.
n Are there any earlier events that may have
an influence on what happened at the
fountain? If so, find and reread that
section.
You’re the Prosecutor
n Reread the section a second (really, third)
time. This time, look for evidence– words and
sections from the text– that help you
understand Johnny’s mens rea.
n Reread the details of Bob’s death.
n Annotate the evidence by underlining or
highlighting and writing your analysis (murd,
mans, or SD) in the margin.
n You will probably have some evidence for each.
n ANALYSIS occurs when you look at all of
these pieces and decide what they mean
when put together.
Writing Task:
n Writea 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. If he should not
be charged, because he acted in self-
defense, explain how the evidence proves
he did not commit a crime.
Good Paragraph Structure
n 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.
n Next sentences:
– Give context; a brief summary of what
happened at the fountain.
Good Paragraph Structure: Analysis
n 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.
n Analyze the evidence by explaining why the
evidence supports/proves/backs up your topic
sentence.
n Give as much evidence and support/analysis as
exists that supports your topic sentence. This
will be several sentences.
n End with a concluding sentence that echoes, but
does not restate, the topic sentence.
Tips
n Write in third person.
n This paragraph is argumentative/
persuasive in nature.
n The tone should be professional and
formal.
n Use first and last names at first, and then
only last names.
Meets Approaching Unclear; Directions
Rubric:
expectations; expectations; missing many not followed;
includes all task requirements paragraph
required attempted ; below element not
Rubric
information but not fully expectations present
clearly complete
communicate
The Outsiders, Ch. 4 d
Clear topic sentence
Murder, Manslaughter, Self- includes the specific charge;
Defense Paragraph Rubric murder, manslaughter, or
self-defense
Literary Analysis Explains the charge or self-
defense effectively, using
Directions: Write a 3rd person words from the definition
persuasive paragraph from the Summarizes the events
leading to Bob’s death
perspective of the prosecuting attorney accurately and thoroughly
stating whether Johnny committed 1st Includes all appropriate and
accurate details from the
or 2nd degree murder, voluntary or incident
involuntary manslaughter, or if he killed Analysis explains how the
events relate to the charge
Bob in self-defense. Start with a topic stated in the topic sentence
Concluding sentence
sentence, and then explain what, if any, reiterates topic sentence in
crime was committed and why using different words
Followed Directions:
words from the legal definitions of the •Tone is professional/
term used in the topic sentence. Then formal
•Written in 3rd person
retell the story of Bob’s death focusing •MLA Style
on the details that prove your topic Writing Conventions
•Paragraph appears to be
sentence. Be sure to conclude your proofread for spelling,
paragraph by restating the topic capitalization, punctuation,
and language use
sentence in different words. •Writing is fluid and clear
with few errors
Comments for the writer:

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After Ch.

Mens rea = Latin for “state of mind.” Mens

2nd degree murder

Voluntary manslaughter is killing in the heat of

Involuntary manslaughter is accidentally killing

Self-defense and defense of another require the belief

1) immediate danger of death or great physical harm,

If the crime could have been stopped without deadly

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