Final Assesment
Take Test: Final Assessment
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Instructions This Final Assessment does not require a proctor.
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Helen Brooks Testimony:
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!
A: Gathering and Weighing the Evidence: Explain what may have shaped Helen Brooks’ perceptual lens, and what effect this may have on her credibility?
Your response should be at least 75 words in length.
Question 1
Arial 3 (12pt)
15 points Save AnswerSave Answer
Defense lawyers and prosecutors cross-examine the witnesses in order to help determine the credibility of the witnesses and the accuracy of their testimony.
B. Asking Important Questions: Imagine that you are the prosecutor. Ask Tom Randall one question and explain why your question is important.
Your response should be at least 75 words in length.
Question 2
Arial 3 (12pt)
15 points Save AnswerSave Answer
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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." Analyze and synthesize the testimony presented by the witnesses as you answer the question below.
C. Constructing Knowledge: Do you believe that Mr. Randall was aware that Ms. Greene was intoxicated when she left his party? Do you believe he knew—or should have known—she would be driving home? Explain the reasons for your conclusion.
Your response should be at least 75 words in length.
Question 3
Arial 3 (12pt)
15 points Save AnswerSave Answer
Dr. Elizabeth Gonzalez (prosecution witness) Testimony:
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
Question 4 15 points Save AnswerSave Answer
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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.
D: Evaluating Expert Testimony: Is the information provided by Dr. Gonzalez relevant to the guilt or innocence of Tom Randall? Why, or why not?
Your response should be at least 75 words in length.
Arial 3 (12pt)
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
Question 5 20 points Save AnswerSave Answer
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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.
E: Evaluating Summation Accounts: Outline ONE key argument used in the prosecution's summation. What was the conclusion? Based on what reasons or premises?
Your response should be at least 75 words in length.
Arial 3 (12pt)
Reaching a Verdict:
Reaching a verdict in a situation like this involves complex processes of reasoning and decision making. In your discussion with the other jurors, you must decide if the evidence indicates, beyond a reasonable doubt, that the defendant should have anticipated the destructive consequences of his behavior. In other words, did the defendant, Thomas Randall, knowingly encourage an underage woman, Kelly Greene, to drink excessively? When she left the party, should he have recognized her inebriated condition and made sure that she was not intending to drive home? Should he have been able to anticipate that terrible consequences might result if she tried to drive in her inebriated state? The principle of beyond a reasonable doubt is difficult to define in specific terms, but in general the principle means that it would not make good sense for thoughtful men and women to conclude otherwise.
F: Deliberating the Issues: Based on your analysis of the evidence and arguments presented in this case, write your verdict and explain in detail your reasons for reaching this conclusion.
Question 6 20 points Save AnswerSave Answer
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Your response should be at least 75 words in length.
Arial 3 (12pt)
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