Of Mice and Men Assessment: You Are a lawyer
Formal essay assignment—the courtroom lawyer
Task
Your job is to use textual evidence or research from real life cases, and information from US Code - Chapter 51 - Homicide, to support your argument. You will need to take a stance: either you are for or against George. Did he, or did he not, murder Lennie? You will need to take your stance and use textual evidence to support that stance; MLA citations will be required for the textual quotes. The product will include a formal persuasive paper that is written from the perspective of a lawyer who is addressing a courtroom (judge, jury, and opposing attorney).
Goal
Your goal is to demonstrate how using Identity and Relationships enhances contextual perspective and thematic understanding. In other words, are we to view Lennie’s death as a special case?
Role
You are an attorney - either prosecution or defense.
Audience
Your target audience is a judge, opposing attorney, and jury.
Situation
George has been placed on trial for the MURDER of Lennie! Your job is to use textual evidence or research from real life cases, and information from US Code - Chapter 51 - Homicide, to support your argument. You will need to take a stance, either you are for or against George. Did he, or did he not murder Lennie? You will need to take your stance and use textual evidence to support that stance; MLA citations will be required for the textual quotes.
Product
The product will include a formal persuasive paper that is written from the perspective of a lawyer who is addressing a courtroom (judge, jury, and opposing attorney).
Success
For the formal persuasive paper: 1) Four paragraphs that adhere to the format of A) Opening greeting and a general introduction to the "murder" case that is now at hand; B) First point of argument that includes a quote from the text, as well as a quote from US Code Chapter 51; C) Second, and strongest, point of argument that includes a quote from the text, as well as a quote from US Code Chapter 51; D) Closing statements that are designed to ultimately persuade the audience/jury on your position. 2) A Works Cited page for the sources used.
Jonathan Taylor
Mr. Orr
English 10
25 April 2014
Prosecuting Attorney: George is Guilty of Murder in the First Degree.
Good morning, Your Honor, and good morning to the ladies and gentlemen of the jury; thank you for being here again today. As most of you know, my name is Mrs. Gladstone and I am representing the Salinas County Civil Branch in the case against George Milton for the murder of Lennie Small. Ladies and Gentlemen, I am asking you to consider that the defendant George Milton be tried for murder in the first degree, which is stated under US Code 51, Section 1111 as “the unlawful killing of a human being with malice aforethought” (US Code 51, Section 1111). This simply means that the murder of Lennie Small was deliberate and premeditated by Mr. Milton. Now, as you have already been briefed, Mr. Milton and Mr. Small had been acquaintances for some time. They had travelled around the state of California for many years, and due to Mr. Small’s mental disability you are aware that Mr. Milton acted as the caretaker for him, given to several testimonies that lay claim to the fact that Mr. Small had the mental capacity of a child. Of course, the complication that precipitates this trial is the murder of Lilly Tyler, a newlywed who lived on the Tyler ranch. It has been confirmed by several testimonies, even the testimony of Mr. Milton himself, that Lennie Small was responsible for Miss Tyler’s death. Mr. Small, being confused and scared by the heinous act he committed, was instructed to wait for his caretaker, George Milton, in a wooded section approximately a quarter of a mile away from the Tyler ranch. It is my strong conviction that George Milton deliberately planned out the murder of Lennie Small between the time that he left the Tyler ranch to the time when the two gentlemen regrouped at the location in the forest, which is now the murder site undergoing current investigation.
Let us first consider yesterday’s testimony from Mr. Milton, who was being questioned on the witness stand by his attorney, Mr. Jacobs. You will recall that everyone on the ranch believed that Lennie had stolen Mr. Carlson’s pistol after he killed Mrs. Tyler, which he informed them, stating that “the bastard’s stole my Luger” (Steinbeck 97). Everyone, including George Milton, assumed therefore that Lennie Small was highly dangerous since he was in possession of a firearm. Fair enough. Now, as the testimony continued, Mr. Milton stated that he later found Lennie in the specified hideout and a physical altercation took place. He claims that Mr. Small jumped out from behind the brush and attempted to “smash his face” with the butt of the pistol handle. There was a struggle as the two fell to the ground, wrestling for the gun. George Milton then, in an act of self-defense, gained purchase of Mr. Carlson’s Luger and shot Lennie Small. Mr. Jacobs then reminded you that this predicament certainly falls under the category of voluntary manslaughter, stating that this was “the unlawful killing of a person without malice…upon a sudden quarrel or in the heat of passion” (US Code 51, Section 1112). It is a very convenient story, ladies and gentlemen. Too convenient, in my estimation.
Now I want you to consider some information that was withheld from Mr. Milton’s testimony yesterday. You have already heard the testimony of Mr. Slim. From looking at my notes here, it was established that Mr. Slim and Mr. Milton had several conversations concerning Lennie Small. On the evening of August fourth, Mr. Slim stated under oath that he became aware of Mr. Small’s handicap from a talk with Mr. Milton. I quote: “He ain’t mean…I can see Lennie ain’t a bit mean” (Steinbeck 41). This is directly from his testimony. Then he goes on further to add Mr. Milton’s response to this. Again, I quote: “Course he ain’t mean. But he gets in trouble alla time because he’s so God damn dumb” (Steinbeck 41). With this, ladies and gentlemen, we can infer a couple of things. One: Lennie would never deliberately hurt George Milton. Mr. Slim stated that Lennie truly loved Mr. Milton, and that an act of violence inflicted against him would be next to impossible coming from Mr. Small. And two: Mr. Small did not know how to operate a firearm. According to Mr. Milton, he was very “dumb.” I know that this is insulting to suggest of the deceased, but I am simply piecing together the mentality of a small child for you. Even Mr. Slim stated that Lennie was “jes’ like a kid” (Steinbeck 43). Therefore Mr. Small was not capable of fighting with Mr. Milton as his testimony suggests. Lastly, let me bring this to your attention. The coroner has thoroughly examined the body of Lennie Small. You have read the report. It states very clearly that the victim was shot in the back of the head, judging by the entry-exit wound. During this struggle for the gun, how did George Milton have the opportunity to dispatch his offender with an execution-style setup? If this was a death that came about as a result of a sudden quarrel or something that evolved in the heat of passion, how does one account for this single, clean shot? I will tell you. It is simply because George Milton had possession of the Luger, not Lennie Small. It was stolen from Mr. Carlon’s bunk by Mr. Milton. He had it in his possession as he left the ranch, and he had every intention of using it against Mr. Small as he walked into the forest. That, ladies and gentlemen, is murder in the first degree, which states that this death was “willful, deliberate, malicious and premeditated” (US Code 51, Section 1111).
Ladies and gentlemen of the jury, you have heard a great deal of testimonies this week concerning the murder of Mr. Lennie Small. Mr. Jacobs and Mr. Milton will have you believe that this is a textbook case of voluntary manslaughter—that Lennie was shot and killed due to an act of self-defense and a complicated fight that broke out just outside of the Tyler ranch. But their story does not corroborate with the facts. Fact: Lennie Small had the mental outlook of a five year-old. Fact: Lennie Small loved and adored George Milton, and several key witnesses stated that Lennie was incapable of using violent emotions and actions against Mr. Milton. [Dramatic pause here as Mrs. Gladstone approaches the jury]. They had travelled and worked together for years, Mr. Milton and Mr. Small. But Lennie cost them a lot of jobs. And Lennie’s criminal severity was rising; from the reported incident in Weed to the murdering of Mrs. Tyler. According to Mr. Slim and Mr. Milton, for all intents and purposes, Lennie was a nuisance. And who felt the strain in this relationship? Certainly not a mentally handicapped individual, one incapable of remembering most things in life. No, the strain and stress fell on George, and he alone carried it for many years. Think about the weight of it all. Think about the anguish and frustration. Now, if an opportunity were to present itself, to rid yourself of such a constant nuisance, would you take it? I know that George Milton took it. It was the perfect opportunity for him to cut Lennie out of his life. And it was planned. But in the eyes of the law this is murder, and every citizen who commits such a crime must be punished. He betrayed Mr. Small’s trust. Like any small child, Mr. Milton easily distracted his longtime companion, then he put the pistol to the back of his head and pulled the trigger. Ladies and gentlemen, there is no other way of seeing the situation. Please do not forget this today as you deliberate on the sentencing of Mr. George Milton. Thank you.
Works Cited
"18 U.S.C. § 1111 : US Code - Section 1111: Murder." Findlaw. N.p., n.d. Web. 10 Apr. 2014.
"18 U.S.C. § 1112 : US Code - Section 1112: Manslaughter." Findlaw. N.p., n.d. Web. 10 Apr. 2014.
Steinbeck, John. Of Mice and Men. New York: Penguin, 1993. Print.
Task
Your job is to use textual evidence or research from real life cases, and information from US Code - Chapter 51 - Homicide, to support your argument. You will need to take a stance: either you are for or against George. Did he, or did he not, murder Lennie? You will need to take your stance and use textual evidence to support that stance; MLA citations will be required for the textual quotes. The product will include a formal persuasive paper that is written from the perspective of a lawyer who is addressing a courtroom (judge, jury, and opposing attorney).
Goal
Your goal is to demonstrate how using Identity and Relationships enhances contextual perspective and thematic understanding. In other words, are we to view Lennie’s death as a special case?
Role
You are an attorney - either prosecution or defense.
Audience
Your target audience is a judge, opposing attorney, and jury.
Situation
George has been placed on trial for the MURDER of Lennie! Your job is to use textual evidence or research from real life cases, and information from US Code - Chapter 51 - Homicide, to support your argument. You will need to take a stance, either you are for or against George. Did he, or did he not murder Lennie? You will need to take your stance and use textual evidence to support that stance; MLA citations will be required for the textual quotes.
Product
The product will include a formal persuasive paper that is written from the perspective of a lawyer who is addressing a courtroom (judge, jury, and opposing attorney).
Success
For the formal persuasive paper: 1) Four paragraphs that adhere to the format of A) Opening greeting and a general introduction to the "murder" case that is now at hand; B) First point of argument that includes a quote from the text, as well as a quote from US Code Chapter 51; C) Second, and strongest, point of argument that includes a quote from the text, as well as a quote from US Code Chapter 51; D) Closing statements that are designed to ultimately persuade the audience/jury on your position. 2) A Works Cited page for the sources used.
Jonathan Taylor
Mr. Orr
English 10
25 April 2014
Prosecuting Attorney: George is Guilty of Murder in the First Degree.
Good morning, Your Honor, and good morning to the ladies and gentlemen of the jury; thank you for being here again today. As most of you know, my name is Mrs. Gladstone and I am representing the Salinas County Civil Branch in the case against George Milton for the murder of Lennie Small. Ladies and Gentlemen, I am asking you to consider that the defendant George Milton be tried for murder in the first degree, which is stated under US Code 51, Section 1111 as “the unlawful killing of a human being with malice aforethought” (US Code 51, Section 1111). This simply means that the murder of Lennie Small was deliberate and premeditated by Mr. Milton. Now, as you have already been briefed, Mr. Milton and Mr. Small had been acquaintances for some time. They had travelled around the state of California for many years, and due to Mr. Small’s mental disability you are aware that Mr. Milton acted as the caretaker for him, given to several testimonies that lay claim to the fact that Mr. Small had the mental capacity of a child. Of course, the complication that precipitates this trial is the murder of Lilly Tyler, a newlywed who lived on the Tyler ranch. It has been confirmed by several testimonies, even the testimony of Mr. Milton himself, that Lennie Small was responsible for Miss Tyler’s death. Mr. Small, being confused and scared by the heinous act he committed, was instructed to wait for his caretaker, George Milton, in a wooded section approximately a quarter of a mile away from the Tyler ranch. It is my strong conviction that George Milton deliberately planned out the murder of Lennie Small between the time that he left the Tyler ranch to the time when the two gentlemen regrouped at the location in the forest, which is now the murder site undergoing current investigation.
Let us first consider yesterday’s testimony from Mr. Milton, who was being questioned on the witness stand by his attorney, Mr. Jacobs. You will recall that everyone on the ranch believed that Lennie had stolen Mr. Carlson’s pistol after he killed Mrs. Tyler, which he informed them, stating that “the bastard’s stole my Luger” (Steinbeck 97). Everyone, including George Milton, assumed therefore that Lennie Small was highly dangerous since he was in possession of a firearm. Fair enough. Now, as the testimony continued, Mr. Milton stated that he later found Lennie in the specified hideout and a physical altercation took place. He claims that Mr. Small jumped out from behind the brush and attempted to “smash his face” with the butt of the pistol handle. There was a struggle as the two fell to the ground, wrestling for the gun. George Milton then, in an act of self-defense, gained purchase of Mr. Carlson’s Luger and shot Lennie Small. Mr. Jacobs then reminded you that this predicament certainly falls under the category of voluntary manslaughter, stating that this was “the unlawful killing of a person without malice…upon a sudden quarrel or in the heat of passion” (US Code 51, Section 1112). It is a very convenient story, ladies and gentlemen. Too convenient, in my estimation.
Now I want you to consider some information that was withheld from Mr. Milton’s testimony yesterday. You have already heard the testimony of Mr. Slim. From looking at my notes here, it was established that Mr. Slim and Mr. Milton had several conversations concerning Lennie Small. On the evening of August fourth, Mr. Slim stated under oath that he became aware of Mr. Small’s handicap from a talk with Mr. Milton. I quote: “He ain’t mean…I can see Lennie ain’t a bit mean” (Steinbeck 41). This is directly from his testimony. Then he goes on further to add Mr. Milton’s response to this. Again, I quote: “Course he ain’t mean. But he gets in trouble alla time because he’s so God damn dumb” (Steinbeck 41). With this, ladies and gentlemen, we can infer a couple of things. One: Lennie would never deliberately hurt George Milton. Mr. Slim stated that Lennie truly loved Mr. Milton, and that an act of violence inflicted against him would be next to impossible coming from Mr. Small. And two: Mr. Small did not know how to operate a firearm. According to Mr. Milton, he was very “dumb.” I know that this is insulting to suggest of the deceased, but I am simply piecing together the mentality of a small child for you. Even Mr. Slim stated that Lennie was “jes’ like a kid” (Steinbeck 43). Therefore Mr. Small was not capable of fighting with Mr. Milton as his testimony suggests. Lastly, let me bring this to your attention. The coroner has thoroughly examined the body of Lennie Small. You have read the report. It states very clearly that the victim was shot in the back of the head, judging by the entry-exit wound. During this struggle for the gun, how did George Milton have the opportunity to dispatch his offender with an execution-style setup? If this was a death that came about as a result of a sudden quarrel or something that evolved in the heat of passion, how does one account for this single, clean shot? I will tell you. It is simply because George Milton had possession of the Luger, not Lennie Small. It was stolen from Mr. Carlon’s bunk by Mr. Milton. He had it in his possession as he left the ranch, and he had every intention of using it against Mr. Small as he walked into the forest. That, ladies and gentlemen, is murder in the first degree, which states that this death was “willful, deliberate, malicious and premeditated” (US Code 51, Section 1111).
Ladies and gentlemen of the jury, you have heard a great deal of testimonies this week concerning the murder of Mr. Lennie Small. Mr. Jacobs and Mr. Milton will have you believe that this is a textbook case of voluntary manslaughter—that Lennie was shot and killed due to an act of self-defense and a complicated fight that broke out just outside of the Tyler ranch. But their story does not corroborate with the facts. Fact: Lennie Small had the mental outlook of a five year-old. Fact: Lennie Small loved and adored George Milton, and several key witnesses stated that Lennie was incapable of using violent emotions and actions against Mr. Milton. [Dramatic pause here as Mrs. Gladstone approaches the jury]. They had travelled and worked together for years, Mr. Milton and Mr. Small. But Lennie cost them a lot of jobs. And Lennie’s criminal severity was rising; from the reported incident in Weed to the murdering of Mrs. Tyler. According to Mr. Slim and Mr. Milton, for all intents and purposes, Lennie was a nuisance. And who felt the strain in this relationship? Certainly not a mentally handicapped individual, one incapable of remembering most things in life. No, the strain and stress fell on George, and he alone carried it for many years. Think about the weight of it all. Think about the anguish and frustration. Now, if an opportunity were to present itself, to rid yourself of such a constant nuisance, would you take it? I know that George Milton took it. It was the perfect opportunity for him to cut Lennie out of his life. And it was planned. But in the eyes of the law this is murder, and every citizen who commits such a crime must be punished. He betrayed Mr. Small’s trust. Like any small child, Mr. Milton easily distracted his longtime companion, then he put the pistol to the back of his head and pulled the trigger. Ladies and gentlemen, there is no other way of seeing the situation. Please do not forget this today as you deliberate on the sentencing of Mr. George Milton. Thank you.
Works Cited
"18 U.S.C. § 1111 : US Code - Section 1111: Murder." Findlaw. N.p., n.d. Web. 10 Apr. 2014.
"18 U.S.C. § 1112 : US Code - Section 1112: Manslaughter." Findlaw. N.p., n.d. Web. 10 Apr. 2014.
Steinbeck, John. Of Mice and Men. New York: Penguin, 1993. Print.