Charged with second-degree murder, M.C.L. § 750.317; M.S.A. § 28.549, Daniel Lindley Thomas (the defendant) was convicted by a jury of involuntary manslaughter, M.C.L. § 750.321; M.S.A. § 28.553. Thereafter, sentenced to a prison term of 5 to 15 years, the defendant appeals as of right. The Court of Appeals affirmed.

Facts

The victim, a 19-year-old male “catatonic schizophrenic,” was at the time of his death a resident of Oak Haven, a religious practical training school. When it appeared, he was not properly responding to ordinary treatment, Daniel Thomas (the defendant), the work coordinator at Oak Haven, obtained permission from the victim’s parents to discipline him if such seemed necessary.....

1. List all the facts relevant to proving Daniel Thomas’s mental attitude.

2. According to the court, what’s the mental element required for second-degree murder?

3. In your opinion, is Thomas guilty of murder? If so, what degree—first or second degree? Explain your answer.

4. If he’s not guilty, should he be guilty of some lesser degree of criminal homicide? Give a preliminary answer now; then, when we get to manslaughter, you can give a more informed answer.