Case Files

From “The Short Happy Life of Francis Macomber” Legal Trial

Charges in a Criminal Trial

Murder

1st Degree Murder Murder committed with malice and forethought, characterized by

deliberation or premeditation or occurring during the commission of another serious crime, as robbery or arson

2nd Degree Murder Murder by intent but without deliberation or premeditation. Often

called a “crime of passion”.

Negligent Homicide/ 3rd Degree Murder Killing that is basically unintentional but that is so negligent that

society punishes it. This could include something like a driver who speeds recklessly,

loses control, and kills someone else on the roadway; the driver did not intend to kill anyone and probably did not even know the victim, but he was intentionally neglecting laws that are meant to keep people safe on the roadways and caused a death through that law-breaking negligence.

Manslaughter

The unlawful killing of one human by another without express or implied intent to do injury. (by accident)

Conspiracy

Evil, unlawful, treacherous, or surreptitious plan (to cause harm) formulated in secret

An agreement by two or more persons to commit a crime, fraud, or other wrongful act.

Accessory

Also called accessory before the fact. A person who, though not present during the commission of a felony, is guilty of having aided and abetted another, who committed the felony.

Also called accessory after the fact. A person who knowingly conceals or assists another who has committed a felony.

In a criminal trial, the burden of proof rests with the government (prosecution), which must prove beyond a reasonable doubt that the defendant is guilty. The defendant does not need to prove his innocence- the burden is on the prosecution.

Burden of Proof

Literary Trial Reminder

We will be investigating a criminal case, but to add depth and evidence to the cases, you will use the literary techniques and character development in the story to argue Hemingway’s purpose in depicting these characters as either innocent or guilty. Therefore, your evidence in the case will be the

events that take place, characterization (building a criminal profile) and the literary devices Hemingway uses to depict their innocence or guilt.

Through this activity, you will be discovering Hemingway’s attitude towards his characters, and in turn, men and women.

Case #1

Margaret Macomber vs. The State Charge of 1st Degree Murder

Case #2

Margaret Macomber vs. The State Charge of 2nd Degree Murder

Case #3

Wilson vs. The State Negligence/3rd Degree Murder

Case #4

Wilson vs. The State Accessory to 1st Degree Murder