EXERCISE 1 

How Would You Rule? Assume you are a judge with the appropriate jurisdiction to decide the following: 

1. You are a judge who must decide whether to allow the jury to consider a lower level of homicide for Andrea Yates. She drowned all five of her children in the bathtub and then called the police. Although the jury makes the factual judgment, the judge decides if there is enough evidence to consider a lower charge as a matter of law. 

2. You are an appellate judge and must choose whether to set aside a conviction of a woman who murdered an infant. The defense alleges that the sheriff violated attorney-client privilege by obtaining a warrant to seize a map drawn by the convicted woman showing where the baby was buried. She pulled the map for her lawyer, and, as such, legal experts contend it should be protected under the attorney-client privilege. The trial judge granted the warrant because of testimony by the sheriff and his deputies that they believed the baby might still be alive and they needed the map to find him, but the evidence presented to you indicates that all the law enforcement officials involved believed that the baby was dead and wanted the map only to help convict the offender. There is overwhelming evidence of guilt, and a new trial would subject the parents to constant reminders of their loss. What would you do? 

3. You must decide whether a particular piece of artwork is obscene. The artist has painted a series of sex scenes, including bondage, sadomasochism, bestiality, and necrophilia, interspersed with paintings of nude children at play. She states that her art has to redeem social qualities because it is a statement of humanity’s many faces. The series of paintings are being displayed in a public gallery supported by the city and federal funds. The district attorney has filed for an injunction to close the show due to obscenity. How would you rule? How did you make your decision? 

EXERCISE 2 

How Would You Rule? Assume you are a judge who must sentence the following people: 

1. A young woman was led into drug use and sales by her stepfather, who had been sleeping with her since she was eleven. 

2. A father who killed the man who molested his child. 

3. An honors college student who drank at a fraternity rush party, drove back to the dorm, and, on the way, ran over a pedestrian and killed her. 

4. A poor single mother who embezzled money from her employer to pay for her child’s needed surgery since the employer did not provide health insurance