Situation: George admits to killing Lennie on his own, shooting Lennie in the back of the
head. However, an investigation reveals that no struggle occurred before Lennie’s death,
as George claimed.
Should George Milton be convicted of murder? – a role play
CALIFORNIA PENAL CODE
SECTION 187-188
187. (a) Murder is the unlawful killing of a human being, or a
fetus, with malice aforethought.
188. Such malice may be express or implied. It is express when
there is manifested a deliberate intention unlawfully to take
away the life of a fellow creature. It is implied, when no
considerable provocation appears, or when the circumstances
attending the killing show an abandoned and malignant heart.
When it is shown that the killing resulted from the
intentional doing of an act with express or implied malice as
defined above, no other mental state need be shown to establish
the mental state of malice aforethought. Neither an awareness
of the obligation to act within the general body of laws
regulating society nor acting despite such awareness is included
within the definition of malice.
Procedures:
You will prepare to take part in a trial in which you will represent the point of view of the
person whose role you will be playing. The steps to follow are:
1. You will be assigned to the role of one of the characters.
a. George
g. prosecuting attorney (2)
b. Curley
h. defense attorney (2)
c. Candy
i. unbiased newspaper reporter (1+)
d. Slim
j. jurors
e. Crooks
k. Sheriff Whilt
f. Carlson
l. ghosts (optional if needed)
2. You need to decide how you (your character) feel about George killing Lennie. You
need to reexamine Of Mice and Men for clues that will help you decide your position.
You may need to decide questions about “murder.” Is it ever justified?
3. You will write a summary of these views (due at the beginning of class on the first
day of the trial).
4. All the roles will then come together for a formal trial.
5. After all arguments are presented, you will write on both arguments – for and
against conviction and on your own personal view on the subject (Typed, due three
school days after the end of the trial).
Here are some of the things to consider that may help you decide how your character may
view the whole situation.
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Witnesses
You will write a page (250 words+) explaining your character’s position and the reasons
your character feels this way. You want to answer directly some questions asked earlier.
You must provide specific support from the book that explains how or why your
character would respond this way. Write the paper in first person as if your are the
character (I feel…).
George: How did you feel about Lennie? On what was your friendship based? Why did
you kill him? Did you have an alternative? Explain.
Curley: How did you feel about Lennie? How do you feel about George, or anyone else
that works on the ranch? How do you feel about yourself? How did you feel about your
wife? Would you consider George’s an act of justice? Explain.
Candy: How did you feel about Lennie and George? How do you feel about Curley and
his wife? How did you react to your own dog’s killing?
Slim: How did you feel about Lennie and George? How do you feel about Curley?
Curley’s wife? How did you react after Lennie’s death? How did you react toward the
fight between Lennie and Curley?
Crooks: How do you feel about life in general? About Lennie? About Curley? About
Curley’s wife?
Carlson: How do you feel about the ranch? About Curley’s wife? About life in general?
How do you feel about what you did to Candy’s dog?
Ghost: How do you feel about any or all of the characters with whom you interacted
while you were alive?
Lawyers and Reporters
Prosecuting attorneys: You job is to prove that George is guilty of murder and that no
circumstances justify the killing of Lennie. How can you get the witnesses to help the
jury see this? Some of the may be sympathetic to George; some of them may not. What
questions can you ask them to help you to convict George no matter how they feel.
EACH of you must interview TWO or THREE witnesses during the trial. You must
prepare questions for these witnesses. One of you must have an opening statement and
one of you must have a closing statement
Defense attorneys: Your job is to defend George. You need to help the jury believe that
special circumstances justify the killing of Lennie Small. What are these circumstances?
Some of the witnesses may be sympathetic to George, some may not. What questions
can you ask them to help to acquit George (no matter how they feel)?
EACH of you must interview TWO or THREE witnesses during the trial. You must
prepare questions for these witnesses. One of you must have an opening statement and
one of you must have a closing statement.
Newspaper reporter(s): Your job is to take notes on the trial and interview the witnesses.
You are objective and cannot show opinion. Just report the facts.
You must write a one page article for the newspaper to be published.
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If there is more than one reporter, divide the kind of article to be written (News,
Historical perspective, Editorial). Your writing is not due until after the trial.
Jurors
Freewrite – Agree or disagree with this statement: “Killing another is never justified.”
Write one page (250 words+) explaining your reasons, ideas and comments on the issue.
Some things to consider: What exactly is murder? If someone has been in an irreversible
coma for the last ten years, would the family be justified in letting that person die?
Would that be murder? Is capital punishment a form of murder? Is suicide a form of
murder?
During the trial you need to take notes so that you can justify your verdict.
Everyone
Participation – This includes your involvement during the whole process… You need to
BE your character in whatever way you can. You must talk to others, get information,
research your side, organize, testify at the trial (or take part in the way your character is
supposed to), be involved during the whole trial, persuade others to your side.
After the trial write up a one-page (250+ words) final analysis of positions discussing
each of the following:
A.) A brief explanation of the arguments for conviction and the specific
reasons and events that support that side.
B.) A brief explanation of the arguments against conviction and the specific
reasons that support it
C.) An assertion of Steinbeck’s position. Why does he have George kill Lennie?
What is his final message? Use quotes from the novel to support your
interpretation of Steinbeck’s message.
D.) What is your opinion on the topic and why? Explain.
Extra: (10 points)
Dr. Jack Kevorkian, a Michigan doctor, is in prison for assisting terminally ill patients
commit suicide. He feels that people need the chance to die with dignity and with the
benefits medicine can provide. Opponents feel that the state has an obligation to protect
life, and no one, not even a doctor, has the right to end a life. Would you support a law
that allowes physician assisted suicide? Give a one-page response to this question.
or
Terri Schaivo was a woman from St. Petersburg, Florida whose unusual medical and
family circumstances and attendant legal battles fueled intense media attention and led to
several high-profile court decisions and involvement by prominent politicians and interest
groups. Schiavo experienced cardiac arrest and collapsed in her home in early 1990,
incurring massive brain damage; she remained in a coma for ten weeks. Within three
years, she was diagnosed to be in a persistent vegetative state (PVS) with little chance of
recovery. She was kept alive until March of 2005 when the Supreme Court of Florida
ordered that her feeding tube be removed at the request of her husband. Is allowing Terri
Schaivo to die murder? Give a one-page response to this question.
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