POSC 201 Judicial Exercise.

FACTS of the CASE:

On September 11th, 2016, (Patriots Day) Mr. and Mrs. John Smith with their 4 year old son, Timmy, left from Battle Creek, Michigan, to attend the annual parade held in Lansing, Michigan.  The Smith family left early enough to “secure a prime spot” to view the parade.  Arriving at 10 am, the Smiths set down their 3 collapsible chairs in front of the Austin Blair statue (due East of the State Capitol) behind a row of fellow parade attendees “3 persons thick.”

The Smiths were on the sidewalk facing the intended parade route which started 1 mile East of the Capitol.  The marchers/floats would travel West down Michigan Avenue turn South (left) on Capitol Ave. ending ¼ mile South of the Capitol Building.



By 12 noon (the posted start time of the parade), the Smith family found themselves in a “tight” crowd estimated to be around 600 people within  a 40 foot radius around the Austin Blair statue. 

To ensure Timmy could see over the crowd of taller individuals – who were now standing – Mr. Smith place Timmy on his shoulders.

As the first group of military representatives marching in the parade began their turn off of Michigan and onto Capitol Ave, the defendant – Mr. Assad Hadeed – separated himself from the crowd, stepped just on to Capitol Avenue, took a 2ft by 3.5ft US Flag out from under his coat and proceeded to light the flag on fire with a lighter in his possession.  Mr. Hadeed then screamed something inaudible above the voice of the crowd.  The crowd “lurched” – some toward Mr. Hadeed, some away in what has been described as a chaotic moment.  In a determination by the lower court, the resulting movement of the crowd caused Mr. Smith to lose his footing which, thereby, caused his son to fall from his shoulders.  Timmy Smith hit his head on the concrete base of the Blair statue, and died from the “blunt force trauma”.

Police officers in the immediate vicinity promptly gained control of the situation and arrested Mr. Hadeed on a charge of disorderly conduct.  Following the initial charge, and upon investigation, Mr. Hadeed was additionally charged with 1 count of 2nd Degree Murder of which he was convicted via a trial by jury.  Mr. Hadeed has appealed this decision citing the exercising of his constitutional expressive rights and therefore, cannot be charged with this “crime”.    AS THE CIRCUIT COURT HEARING THE APPEAL: WHAT SAY YOU?       




This paper is about the process rather than the “opinion(s).”  Below is a list of questions regarding the Judicial Exercise to be completed via one or two paragraphs (not one or two sentences):


I.                    How did your ideology contribute to your initial “opinion” regarding the guilt/innocence of Mr. Hadeed (the individual charged with 2nd Degree Murder in the death of Timmy Smith)?


II.                  How did your research support or refute your initial opinion (include whether or not you started with your opinion and looked to find precedent to support your opinion or if you went in with an open, unbiased, opinion and let your research guide your conclusions)?


III.                Specifically, how did the practice of “Stare’ Decisis” impact your decision?


IV.                What was your final verdict? AND, why would one conclude your decision to be “Judicial Activism” or “Judicial Restraint (it will be one of these)?”


Start with a cover page, titled POSC 201 – Judicial Exercise.  Include your name. Be sure to type your papers in standard font, with standard margins, and attach any ancillary resources you accumulated over the course of deciding the case. DO cite your sources or case precedents within your Opinion/Verdict (ie. Heller v. U.S. 1998).  Bibliographies are not necessary. There is no length requirement other than to answer each of the above questions fully.