Final Assesment

HUM 1020, Critical Thinking

Final Assessment – Tom Randall’s Halloween Party

Your Final Assessment uses a court case format to evaluate your critical thinking skills. It is worth 7%

of your final grade. Have fun!

Save and/or print this document for use in answering the Final Assessment questions.

Introduction

Imagine that you have been selected to serve on a jury that is asked to render a verdict on the following

situation.

The defendant, Tom Randall, is a twenty-one-year-old college senior in a state where the legal drinking

age is twenty-one. On October 31, he hosted a Halloween party in his apartment. Twenty-eight men and

women attended the party. Alcohol was served in the form of beer, wine, and liquor. One of the

partygoers was Kelly Greene, an eighteen-year-old freshman at the same college. During the course of

the evening, Ms. Greene allegedly consumed an undetermined amount of alcohol. While she was driving

back to her dorm after the party at approximately 12:15 a.m., Ms. Greene struck two students who were

crossing the street at an intersection. One student, Melissa Anderson, was killed instantly. A second

student, Edward Montgomery, was hospitalized with multiple fractures. The police officer at the scene

gave the following report regarding the driver of the car, Kelly Greene: "I noticed that her speech was

slurred, that she was not entirely coherent, and that her breath smelled of alcohol. I asked her to take a

Breathalyzer test to determine the amount of alcohol in her bloodstream. She refused. I placed her

under arrest." Ms. Greene has been charged with Driving While Intoxicated and Vehicular Manslaughter.

Her case is currently pending. Mr. Randall, the defendant in this case, is being charged with Involuntary

Manslaughter. If convicted, he faces up to seven years in jail.

A. Gathering and Weighing the Evidence

The testimony from the prosecution witnesses and the defense witnesses is described below. Evaluate

the testimony by answering the questions that follow each witness.

Prosecution Witnesses:

Helen Brooks (neighbor of defendant)

William Doyle (acquaintance of defendant)

Helen Brooks:

I am the downstairs neighbor of the defendant, Thomas Randall, and have lived in the building for

twenty years. These college kids tend to be noisy and keep late hours, especially the boys. I really

don't see how they're able to learn anything at the college. Wild parties every weekend and

sometimes even during the week. This party on Halloween was one of the wildest. Music loud

enough to make your head burst; kids jumping around—I guess they call it dancing—so that the

ceiling was shaking. Finally, at midnight I went up to ask them to please keep it down—after all, it

was Thursday night and some of us have to work. What a scene! A young woman was leaving just

as I arrived. I later found out she was Kelly Greene, the woman who ran over those two college

students. Mr. Randall had his arm around her and was saying goodbye. The way she was acting—

giggling, stumbling around—it was obvious she was drunk. She was an accident waiting to happen,

and it did!

William Doyle:

I attended the party at Tom Randall's apartment on Halloween. I didn't actually receive an invitation—I

came along with someone who did. I don't really know him that well. This was a pretty wild party. The

place was jammed, and people were out of control! Dancing, drinking, laughing, singing—you know.

Mr. Randall was making the rounds, making sure that everyone was having a good time, encouraging

them to drink. I saw him talking to Kelly Greene on several occasions. He kept forcing her to drink,

even though she didn't seem that willing. He said things like: "Have another drink, it's the only way to

have fun at parties like this," and "Don't worry, another drink won't kill you." I didn't think he should

have been doing that, pressuring her to drink and all. I really like Kelly. This is her first year here at

school, and she's really sweet. I don't think she would have gotten in this trouble if she hadn't been

encouraged to drink too much. She's only 18, a fact I'm sure Tom was aware of.

As the host, it's his responsibility to make sure that illegal drinking isn't permitted and that when

people leave they are capable of driving safely.

Defense Witnesses:

Wendy Duvall (friend of defendant)

Tom Randall (defendant)

Wendy Duvall:

I've known Tom Randall for three years, and he's one of the finest and most responsible people I

know. Tom is a serious student, and he is also a very caring person. He plans to be a teacher and

works as a volunteer with special education students in a local school. He would never do anything

to intentionally hurt anyone. His only purpose in having the Halloween party was for people to enjoy

themselves. He paid for the whole thing himself! As far as people drinking is concerned, the fact is

that drinking is one of the major social activities on campus. Virtually everyone drinks, from their first

semester until their last. It's just the way things are here. People just don't pay attention to the

drinking age on campus. It's as if the college is its own little world, with its own rules. The people at

the party weren't drinking because Tom was pressuring or encouraging them to. They were drinking

because that's what they do when they go to parties. If Tom hadn't had alcohol there, people would

have gone out and brought some back-or gone to a party that did have alcohol. I didn't see Tom talk

to Kelly, but he was circulating, trying to be a good host, seeing if people needed anything. He

certainly wouldn't try to "pressure" someone into having a drink they didn't want to have. What

happened with Kelly was a terrible, unfortunate accident—it certainly is something Tom should not be

held responsible for.

Tom Randall (defendant):

I had been planning this Halloween party since school started in September. I thought that it would

be fun and give me a chance to pay back students who had invited me to their parties. I had plenty of

food and beverages on hand—soda and juice, as well as alcohol. Of course, I'm aware that the

drinking age is 21 and that many students haven't reached that age yet; but nobody really takes the

law very seriously. After all, if you're old enough to vote, get married, work, and be drafted, you

should be old enough to drink. As far as my party was concerned, I felt that everyone had a right to

make up their own minds—I just made the beverages available. Once people decided what they

wanted to drink, I did try to keep them refilled. After all, that's the job of a good host. I remember

Kelly was drinking beer, and I probably did bring her one or two over the course of the evening. I

don't have any idea about the total amount of beer she had—I had no way of keeping track. I do

remember saying goodbye to her, and she seemed in reasonably good shape. She was planning to

drive. Looking back, I guess I should have paid more attention to her condition, but there were so

many people there and so much was happening, I just didn't think about it. This party was not

unusual—it's exactly like most of the parties that happen on campus. It's just that they don't usually

end with someone dying.

B. Asking Important Questions

Defense lawyers and prosecutors cross-examine the witnesses in order to help determine the credibility

of the witnesses and the accuracy of their testimony.

C. Constructing Knowledge

One of the important goals of critical thinking is developing beliefs about the world that are well-founded.

Often this process involves analyzing and synthesizing a variety of accounts in an effort to determine

"what really happened."

D. Evaluating Expert Testimony

Below is the testimony of two psychologists, Dr. Elizabeth Gonzalez and Dr. Richard Cutler, who provide

contrasting analyses of the social drinking behavior of young people.

Dr. Elizabeth Gonzalez (prosecution witness):

I am a staff psychologist at a substance abuse center in town. Why do people drink to excess?

Typically through the influence of the people around them, as happened to Kelly Greene. When most

eighteen-year-old students enter college, they do not have a drinking problem. However, although

few realize it, these unwary young people are entering a culture in which alcohol is the drug of choice.

It is a drug that can easily destroy their lives. According to some estimates, between 80 percent and

90 percent of the students on many campuses drink alcohol. Many of these students are heavy

drinkers. One study found that nearly 30 percent of university students are heavy drinkers, consuming

more than fifteen alcoholic drinks a week. Another study found that among those who drink at least

once a week, 92 percent of the men and 82 percent of the women consume at least five drinks in a

row, and half said they wanted to get drunk. The results of all this drinking are predictably deadly.

Virtually all college administrators agree that alcohol is the most widely used drug among college

students and that its abuse is directly related to emotional problems and violent behavior, ranging from

date rape to death. For example, at one university, a twenty-year-old woman became drunk at a

fraternity party and fell to her death from the third floor. At another university, two students were killed

in a drunk-driving accident after drinking alcohol at an off-campus fraternity house. The families of

both students have filed lawsuits against the fraternity. When students like Kelly Greene enter a

college or university, they soon become socialized into the alcohol-sodden culture of "higher

education," typically at parties just like the one hosted by Mr. Randall. The influence of peer pressure

is enormous. When your friends and fellow students are encouraging you to drink, it is extremely

difficult to resist giving in to these pressures. In my judgment, students like Kelly Greene are

corrupted by people like Tom Randall. He must share in the responsibility for her personal tragedy

and for the harm that resulted from it.

Dr. Richard Cutler (defense witness):

I am a psychologist in private practice, and I am also employed by the university to be available for

students who need professional assistance. The misuse of alcohol is a problem of all youth in our

society, not just college students. For example, a recent study by the surgeon general's office shows

that one in three teenagers consumes alcohol every week. This is an abuse that leads to traffic

deaths, academic difficulties, and acts of violence. Another study based on a large, nationally

representative sample indicates that although college students are more likely to use alcohol, they

tend to drink less quantity per drinking day than non-students of the same age. In other words, college

students are more social drinkers than problem drinkers. Another sample of undergraduate students

found that college drinking is not as widespread as many people think. The clear conclusion is that

while drinking certainly takes place on college campuses, it is no greater a problem than in the

population at large. What causes the misuse of alcohol? Well, certainly the influence of friends,

whether in college or out, plays a role. But it is not the only factor. To begin with, there is evidence

that family history is related to alcohol abuse. For example, one survey of college students found

greater problem drinking among students whose parent or grandparent had been diagnosed (or

treated) for alcoholism. Another study found that college students who come from families with high

degrees of conflict display a greater potential for alcoholism. Another important factor in the misuse

of alcohol by young people is advertising. A recent article entitled "It isn't Miller time yet, and this

Bud's not for you" underscores the influence advertisers exert on the behavior of our youth. By

portraying beer drinkers as healthy, fun-loving, attractive young people, they create role models that

many youths imitate. In the same way that cigarette advertisers used to encourage smoking among

our youth—without regard to the health hazards—so alcohol advertisers try to sell as much booze as

they can to whomever will buy it—no matter what the consequences. A final factor in the abuse of

alcohol is the people themselves. Although young people are subject to a huge number of influences,

in the final analysis, they are free to choose what they want to do. They don't have to drink, no matter

what the social pressures. In fact, many students resist these pressures and choose not to drink.

And if they do drink, they don't have to get behind the wheel of a car.

E. Evaluating Summation Arguments

After the various witnesses present their testimony through examination and cross-examination

questioning, the prosecution and defense then present their final arguments and summation. The

purpose of this phase of the trial is to summarize the evidence that has been presented in order to

persuade the jury that the defendant is guilty or innocent. Included next are excerpts from these final

arguments.

Prosecution Summation:

We are in this courtroom today because Melissa Anderson's young life was tragically ended as a direct

result of irresponsible behavior on the part of the defendant, Thomas Randall, who served Kelly Greene

alcohol and encouraged her to drink, knowing that she was three years underage. Too often in criminal

trials the victim is forgotten, while attention becomes focused on the lives of the living. Certainly this

event is a tragedy for Mr. Randall and Ms. Greene, but it is a far greater tragedy for Melissa and her loved

ones. She will never have the opportunity to live the rest of her life, and if people like Mr. Randall are

permitted to act illegally without punishment, there will be many more tragedies like Melissa's in the

future.

When Mr. Randall provided alcohol and encouraged drinking for underage minors at his party, he was

violating the law. And when Ms. Greene, one of these underage minors, left his party drunk, got behind a

wheel, and killed an innocent human being, Tom Randall became an accessory to this senseless murder.

Similarly, the university must assume its share of the blame. As the investigator into the death of the

woman who fell to her death at a fraternity party noted: "If universities and colleges want to teach

responsibility, there might be something to be said for teaching observance of the law—simply because it

is the law". If Mr. Randall had displayed respect for the law, then none of these events would have

occurred, and Melissa would be alive today.

We have heard experts describe the destructive role that alcohol plays on college campuses and the

devastating results of alcohol abuse. Students, in flagrant violation of the law, have made drinking a more

common college activity than attending class or studying. When young, impressionable people like Kelly

Greene enter these "hangover universities," they are immediately drawn into a destructive alcoholic

web—seduced, cajoled, and pressured to enter this culture of underage drinkers. And who creates this

culture and its pressure? People like Thomas Randall, who "innocently" give booze parties for underage

students and actively encourage them to drink. If students like Mr. Randall acted in a responsible and

law-abiding fashion, then new students would not be seduced and pressured into these destructive

behaviors. Violent tragedies associated with alcohol abuse would not occur, and students could focus on

productive activities—like learning.

We have heard testimony that Mr. Randall was not an innocent participant in these events—he knew Ms.

Greene was underage, he actively cajoled and encouraged her to get drunk, and he let her go home

alone knowing she was in no condition to drive safely. Mr. Randall is not an evil person, but he is guilty of

criminally irresponsible behavior, and he must be held accountable for his actions. Society must protect

our young people from themselves and put an end to the destructive abuse of this dangerous drug.

Defense Summation:

The death of Melissa Anderson is, of course, a tragedy. It was the direct result of Kelly Greene's error in

judgment; and although she certainly didn't intend for anything like this to occur, she must be judged for

her responsibility. However, it makes no sense to rectify this tragedy by ruining Thomas Randall's life.

He is in no way responsible for the death of Melissa Anderson. All he did was host a party for his friends,

the kind of party that takes place all the time on virtually every college campus. He is a victim of an

unreasonable law that you must be twenty-one years of age to drink alcohol. I'll bet every person in this

courtroom had at least one drink of alcohol before they were twenty-one years old. If people are mature

enough to vote, drive cards, hold jobs, pay taxes, and be drafted, then they are mature enough to drink

alcohol. And it's unreasonable to expect a party host to run around playing policeman, telling guests who

can drink and who can't. As one college president noted: "It's awfully hard to control a mixed-age group

where some can drink and some can't, but all are students. Since the consumption of alcohol is not in

general an illegal activity—unlike marijuana or crack—you have this bizarre situation where at the mystic

age of twenty-one, suddenly people can drink legally when they couldn't the day before".

In addition, we have heard experts describe how there are many factors that contribute to alcohol

abuse—besides the influence of other people. The power of advertisers, family history, and the personal

choices by individuals all play a role in whether someone is going to drink excessively. It is unfair to

single out one person, like Tom Randall, and blame him for Ms. Greene's behavior. Her decision to drink

that night was the result of a variety of factors, most of which we will never fully understand. However, in

the final analysis, Ms. Greene must be held responsible for her own free choices. When Kelly Greene

attended Tom Randall's party, nobody forced her to drink—there were plenty of non-alcoholic beverages

available. And after she chose to drink, nobody forced her to attempt to drive her car home—she had

other alternatives. Ultimately, there was only one person responsible for the tragic events of that evening,

and that person is Kelly Greene.

We live in a society in which people are constantly trying to blame everyone but themselves for their

mistakes or misfortunes. This is not a healthy or productive approach. If this society is going to foster the

development of independent, mature citizens, then people must be willing to accept responsibility for their

own freely made choices and not look for scapegoats like Mr. Randall to blame for their failings.

F. Deliberating the Issues

Following the final summation, the judge gave specific instructions to clarify the issues to be considered.

 For the defendant, Thomas Randall, to be found guilty of Involuntary Manslaughter, the prosecution

must prove that although he did not intend destructive results, he was guilty of irresponsible behavior

that was likely to result in harm.

 The process of arriving at an informed conclusion regarding this case involves your understanding the

concepts of "freedom" and "responsibility."

 In order to conclude that the defendant was guilty of "irresponsible behavior that was likely to result in

harm," it is necessary that you believe that he was responsible for his actions and their likely

consequences: He knew what he was doing, chose to do it freely, and so must be held accountable.

 On the other hand, if you are to conclude that the defendant is not guilty of the charge, we must

believe that he was not responsible for his actions.

 You must believe either that circumstances interfered with his ability to make a free choice or that it is

unreasonable to expect that he would have been able to anticipate the destructive consequences of

his actions.