scenario

Essay Assignment Scenario: “John Lyons is a 32-year-old male who is married with two children. He is a high school graduate and is employed as a plumber. John played sports while in high school. John grew up in a ‘blue collar’ family and has one brother and two sisters. John has reported during his arrest intake interview that abuses were constant in his family. John, like many other males his age, enjoys alcoholic beverages. On the day of John’s arrest, he left work and stopped at a bar for happy hour. John was there for several hours. A male passed John near the bar area and commented adversely on John’s appearance. John responded with a similar insulting remark. Both John Lyons and the male were separated before tensions could escalate. However, fifteen minutes later, the bar bouncer approached John Lyons and tugged at his sleeve and ordered Lyons to leave the bar. John resisted and grabbed a large glass mug and struck the bouncer on the side of his head. The bouncer fell to the ground into an unconscious state. Police and EMT were called. Witnesses at the scene identified Lyons as the assailant and John was subsequently taken into custody. The bouncer was taken to the trauma center where he slipped into a coma and never regained consciousness. He died three hours after his admission; his death later attributed to a cerebral hemorrhage, secondary to a skull fracture. John was charged with criminal homicide, specifically 3rd Degree murder. There was no question that John hit the bouncer with the mug causing his delayed death. John admitted his own actions to police as recorded in a video confession. In his statement, he told police that he felt sorry for what he did but could not explain why he acted the way he did. He could not recall how many drinks he had prior to the incident, but he did remember the incident. John Lyons’ case was held for court at his preliminary hearing. At trial, his defense attorney’s strategy is to present evidence that John Lyons did commit the homicide but lacked premeditation or malice since the incident happened so quickly and could have been provoked by the bouncer. He suggests that John Lyons was deeply depressed because of a strained marriage, his history of concussions, early childhood dysfunction, and other factors that would explain the uncontrolled rage in his actions. Essay Instructions: 1. The defense strategy is to show Lyons acted impulsively without malice due to mitigating factors of depression having a troubled marriage, a history of concussions, and early childhood dysfunction. 2. As a juror, your essay must identify specific evidence that you would expect to see presented to support the defense argument. This evidence can be documentary or testimonial and should show a causal or correlated connection to the defendant’s behavior. Your grade will depend on how well you connect specific evidence to behavior. You may use any and all resources; textbook, articles on D2L, class notes, or any credible and attributable source you may find. Do not assume any information outside of the four corners of the scenario. 3. Submit your 500 word essay as an attached WORD document on or before February 19, 2021

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