Alternative Assignment #A

If you choose to do this alternative assignment, then for this unit you will have a different reading assignment, post a different Discussion Forum topic (in the same place) and write a different Essay. Everything else about this Unit will be the same (web readings, exercises, optional outline).

Reading

Read the legal brief below, which tells of a case in which Mr. Smallwood, an HIV-infected man, raped three different women on three different occasions. The state tried to charge him with attempted murder, arguing that since he knew his victims could die as a result of his conduct, it was just as if he had fired a deadly weapon at them. Though the trial court bought this argument, the Court of Appeals ultimately reversed the ruling, declaring that it was not a reasonable charge. They said there was no obvious evidence that his intention was to kill them, and without such an intention there can be no charge of attempted murder, only of rape. Read the legal brief below, which summarizes the case. Then turn to the Discussion Forum and Essay assignments.

Smallwood v. State

Court of Appeals, Maryland, 1996

FACTS: On August 29, 1991, Dwight Ralph Smallwood was diagnosed as being infected with the Human Immunodeficiency Virus (HIV). According to medical records from the Prince George's County Detention Center, he had been informed of his HIV-positive status by September 25, 1991. In February 1992, a social worker made Smallwood aware of the necessity of practicing "safe sex" in order to avoid transmitting the virus to his sexual partners, and in July 1993, Smallwood told health care providers at Children's Hospital that he had only one sexual partner and that they always used condoms. Smallwood again tested positive for HIV in February and March of 1994.

Over the next few months, Smallwood participated in the robbery and rape of three different women on separate occasions. In each case, he did not use a condom. Among other crimes, he was charged with assault with intent to murder and three counts of attempted second-degree murder.

HISTORY: Trial court convicted defendant of assault with intent to murder and three counts of attempted second-degree murder. These convictions were upheld by the Court of Special Appeals

ISSUE: Were defendant’s acts of unprotected sexual intercourse, while knowing that he carried HIV, sufficient to infer an intent to kill?

RULING: No. The Court of Appeals of Maryland reversed the convictions.

RATIONALE: The convictions may only stand if there was sufficient evidence that could reasonably lead to the conclusion that defendant had the specific intent to kill at the time he assaulted each of the three women. Although an intent to kill may be inferred from the use of a deadly weapon directed at a vital part of the human body, we cannot compare defendant’s sexual activity to a deadly weapon because the risk of death by AIDS is not likely from a single sexual assault. If it is not likely, we cannot say that it was an intention proceeding from the natural and probable consequence of his actions. No additional evidence of an intent to kill, such as declarative statements, was advanced, and no reason given to see the transmission of the virus as evidence of a “special purpose” or anything other than something that inevitably happens when a rape occurs.

RULE: To be convicted of attempted murder a defendant must have a specific intent to murder, and exposing a victim to a risk only counts as “intent to murder” if death is the natural and probable result of the risk.

DISCUSSION FORUM ASSIGNMENT

Choose one:

1. Research a news story or invent one that features facts similar to the Smallwood case; i.e., a sexual act by an HIV-positive person that results in charges of attempted murder. Provide a summary of the story. If you research the story, give sources in MLA format so other students can look them up. If you invent a story, give LOTS of details.

2. Perform research into deadly, infectious diseases, and briefly describe a method of infecting someone with a deadly disease that you think the court would be more likely to consider as attempted murder. The method you describe doesn’t have to be based on anything that really happened, but the facts about the disease must be based on your research. Give your source in MLA format.

3. Research a news story of a violent act where it is difficult to tell whether there was an intent to kill behind it. Summarize the story and be sure to explain why it’s difficult to tell whether there was an intent to kill. Give your source in MLA format.

ESSAY ASSIGNMENT

Choose one of the following and write an essay of about 1,000 words.

1. Read the Weeks v State and Hinkhouse cases. Write an essay comparing and contrasting each of the two cases with Smallwood v. State, explaining why their rulings turned out the opposite. Use this strategy:

· Paragraph one: introduce your topic and provide a thesis that gives a concise argument of why Smallwood was found not guilty while the other two were guilty.

· Paragraph two: Compare Smallwood with the first case and point out the key differences.

· Paragraph three: Compare Smallwood with the second case and point out the key differences.

· Paragraph four: Give your own opinion of the matter in conclusion.

2. Exposure to HIV through unprotected intercourse was not considered likely enough to result in death to count as attempted murder. What kinds of diseases might be more likely to do so? Perform research into deadly, infectious diseases, and write an essay presenting two methods of infecting someone with a deadly disease that you think the court would be more likely to consider as attempted murder (one paragraph each). In another paragraph, compare Smallwood’s actions with the methods you described to explain the key differences. Include an introduction and conclusion as well.

3. The Smallwood case showed that it is not always clear whether an aggressive action had an intent to kill behind it. Write an essay describing three different incidents in which it is difficult to tell whether the intent to kill was obvious enough to support an attempted murder charge. These can be real incidents that you research, or you can invent them. But for each one, be sure you are using concepts and criteria from the Smallwood case in your evaluation. Also, for each one, be sure to argue whether your judgment as to whether the incident is attempted murder or not (and why).