Fact Pattern #1:
Goals:

* Have students experience exercising discretion in applying charging standards

* Through the variety of results, learn about the unpredictability (perhaps arbitrariness) of decision making

* Challenge students to make decisions and take responsibility for difficult decisions in a criminal context.

* Provide springboard for discussion of other phases of and influences on criminal justice system.

Consider Fact Pattern 1 or 2 and decide whether to charge the suspect with a crime. You can apply either a probable cause standard or the more exacting California District Attorney’s Association Provide rationales for your conclusions.
Fact Pattern #1:

Harry and June Smith were married three years ago. When their son, Clay, was 6 months old, June asked Harry to watch him while she attended a class. Harry agreed and decided to take Clay with him to the home of one of Harry’s friends. Harry placed Clay in his car seat, strapping him in carefully. During the 20 minute ride to the friend’s home, Clay fell asleep. Because it was so quiet in the car, Harry forgot that he had Clay with him. When Harry arrived at his friend’s home, he left Clay in the car and went inside to play computer games. When Harry emerged two hours later, he saw Clay unconscious in the car and immediately attempted to resuscitate Clay. It was summer and outside temperatures had reached 80 degrees during that afternoon. Temperatures inside the car may have exceeded 110. Neither Harry nor the paramedics could resuscitate Clay. Harry has no prior criminal record.

You are the prosecutor. What action, if any, will you take?

Penal Code (Excerpted)

Petty Theft: (§ 484-488):

“Every person who steals . . . the personal property of another with the specific intent to deprive the owner permanently of [that] property is guilty of the crime of theft . . .” California Jury Instructions—Criminal (CALJIC 6th ed. 1996) copyright 1996 West Publishing Co. 14.02.

The theft is petty theft when the value of the property is $400 or less. Petty Theft can be charged as either a misdemeanor or an infraction.
Burglary: (§ 459.2):

“Every person who enters any . . . .building . . . with the intent to commit grand or petit larceny . . . is guilty of burglary.”

Burglary can be charged as either a misdemeanor or a felony.
Involuntary Manslaughter

Penal Code § 198: Involuntary Manslaughter

Manslaughter is the unlawful killing of a human being in the commission of an unlawful act or in the commission of a lawful act which might produce death in an unlawful manner, or without due caution and circumspection.
Note: Write it as simple as you can please