INTRODUCTION

This year’s case covers a familiar concern of the law – how far does
responsibility run, especially when action (or inaction) contributes to an injury that is
directly caused by others? If someone recognizes, or should recognize, that a
catastrophe might occur because of their behavior, is it reasonable to expect them to
try to prevent or mitigate the damage?

It’s much easier to assign blame with hindsight, but should we as a society
punish a defendant for the lack of foresight? And where do we draw the line between
“cause in fact” and “proximate cause”? The second term implies a close connection to
the resulting damage, so close that this actor should share responsibility for the tragic
results. But where is that line?

Some acknowledgments may enhance your discussion of these issues. First,

the case is loosely inspired by a manslaughter prosecution in Michigan, the Crumbley
case. That matter is also scheduled for trial currently, so it may be resolved during our
tournament. It’s not hard to find media coverage about the case; for a good starter
article, try https://www.nytimes.com/2021/12/03/us/michigan-prosecutor-crumbley-
charges.html

One of the best articles on the growing problem of swatting is a detailed 2018
description of an incident in Wichita, Kansas that resulted in a police shooting:
https://www.wired.com/story/swatting-deadly-online-gaming-prank/. Serious stuff, but
I’m hopeful that discussion of the issues will give students a better understanding of
how the law struggles with these challenging problems.

Good luck, everyone!

Author: Clark County Superior Court Judge Robert A. Lewis, Washington

1
 Only two pages were converted.
Please Sign Up to convert the full document.

www.freepdfconvert.com/membership