Criminal Lesson 4
This is a three parts assignment. The first part is the discussion, the second part is the assignment which have been completed. Please provide a paragraph to support each answer with an explanation why your answer is correct and the other are not.
Discussion should be substantive means that you are contributing information that moves the knowledge base for the class, as a whole forward. The questions ask for a specific answer. The discussion should not only the answer the question but also why you came to that answer. Other questions may ask for your opinion. Again, your answer will be much more substantive if you explain why that is your opinion.
At common law, the crime of solicitation was define as “to counsel, incite, or induce a person to commit a crime”. Draft a short fact pattern illustrating solicitation.
One of the most highly tested areas of criminal law is conspiracy. A conspiracy occurs when two or more people agree to commit an unlawful act or commit a lawful act in an unlawful way. Draft a short fact pattern illustrating conspiracy.
One of the most difficult crimes to analyze is attempt. The key is often to determine if the defendant has gone beyond preparation to perpetration. Review the following fact pattern and determine whether you think the person has attempted murder.
Dave and his wife have a rocky relationship and are now sleeping in separate bedrooms. Dave hates his wife and wants to kill her and collect the big life insurance policy he has taken out on her life. Dave researches poison on the internet. He learns that one package of Ace Brand rat poison mixed in a cup of coffee will kill a person weighing 150 pounds or less. Dave’s wife weighs 125 pounds. Dave goes to the store and buys a package of Ace Brand rat poison. The next morning, Dave gets up and makes coffee and mixes the poison into a cup of coffee. He then takes that cup of coffee into his wife’s bedroom. However, his wife had a early morning meeting and had already gone to work. Dave returns to the kitchen and pours out the coffee.
Explain whether you think Dave has attempted a murder. If you do not think so, what additional step or steps must he take to be convicted of attempting to murder of his wife?
The following Assignment Questions should be completed and submitted to the course faculty via the learning platform for evaluation and grading. Submit your responses in one WORD document.
The answer for the multiple-choice questions are complete please support each answer with a paragraph explaining why the answer is correct and the other are not. Please keep the format and answers as is.
1. Ed told Pete, an auto mechanic, that he had stolen a car and that the engine had to be rebuilt before it could be sold. Pete agreed to perform the work under the following terms: Pete would receive $300 upon completion of the job, even though his normal fee was $600 and he would receive an additional $600 when Ed sold the car. After rebuilding the engine, and before the car was sold, Pete and Ed were arrested. Did Pete commit the crime of conspiracy to sell the stolen car?
A. Yes, because he agreed to rebuild the engine, knowing the car was stolen.
B. Yes, because of the profit he agreed to receive on the sale of the car.
C. No, because Ed was the person who was going to sell the car.
D. No, because Pete’s rebuilding of the engine was not per se illegal.
Answer: B- Yes, because of the profit he agreed to receive on the sale of the car
2. Deft intended to kill Vic. With that in mind, Deft shot at Vic but missed Vic and hit Cal. Cal was wounded only slightly. Cal turned, saw Vic empty-handed standing nearby, but thought that Vic had shot him. Cal picked up an iron bar and beat Vic repeatedly over the head. Did Deft commit the attempted murder of Cal?
A. Yes, because Deft attempted to kill Vic.
B. Yes, because Deft acted with premeditation and malice towards Vic.
C. No, because Cal was wounded only slightly.
D. No, because Deft did not intend to kill Cal.
Answer: D. No, because Deft did not intend to kill Cal.
3. Michael’s wife, Terry, is suffering from end stage cancer and is in terrible pain. Michael, Terry’s sister Brenda, and the doctor discuss Terry’s situation in the waiting room. Michael asks the doctor to turn up the intravenous drip of morphine to a lethal level. The doctor initially agrees; Brenda says nothing but nods. However, a few moments later the doctor changes his mind and tells Michael. Michael returns to Terry’s room followed by Brenda and the doctor. Michael turns up the drip himself, as Brenda looks on. The doctor tries to restrain Michael and calls security. Terry dies as a result of the morphine overdose. In a Model Penal Code jurisdiction, what is the most serious crime of which the doctor can be convicted?
A. Attempted murder
B. Conspiracy to commit murder
D. None of the above
Answer: D- None of the above
4. Laurel and Hardy came over to visit Monte one cold dreary night. When Monte was out of the room getting cold beers to drink, Laurel and Hardy agreed to burglarize Mr. Wynn’s house, a well know art collector. Once Monte came back in the room Laurel and Hardy tried their utmost to get him to agree to join them in the burglary. Monte would not agree. However, Laurel and Hardy pretended that they needed his car in order to go to the liquor store and get more beer. Monte allowed them to borrow his car. Instead of going to the liquor store, they went to Mr. Wynn’s
home and broken in and stole a small valuable painting. They drove the car back to Monte’s house and put the car keys under his door mat and proceeded to walk home. While walking home a police officer stop and inquired about the painting Laurel was carrying. Hardy panicked and pulled out a gun and shot the officer and fatally wounded him. When Laurel and Hardy tried to get Monte to agree to join them in the burglary, what crime if any did they commit?
D. No crime
Answer: C- Solicitation
5. Tyron was backpacking through the United States. During his venture he comes upon an unoccupied cabin near a lake. He found the back door unlocked and went inside the cabin in order to look for food. He was starving and found some cereal in the cabinet and several chocolate bars and he consumed them. After having some food, he felt a little tired and proceeds to go into the bedroom. Once in the bedroom he saw several $100 dollar bills on a desk. He looked at the money and decided after he takes a nap he will take the money and proceed on his adventure. Tyron climbed into bed and fell fast asleep. While asleep, the sheriff discovered the door to the cabin open, and upon investigating found Tryon in the owner’s bed and arrested him for attempted larceny of the $100 bills. The court will find him:
A. Guilty, because he had already decided to take the money prior to his arrest.
B. Guilty, because he has taken a substantial step towards completion of the crime.
C. Not Guilty, because Tyron has not taken a substantial step to commit larceny.
D. Not Guilty, because the money was abandoned.
Answer: C-Not Guilty, because Tyron has not taken a substantial step to commit larceny.
6. Jacob, a freshman at USI was a member of a local fraternity. On Saturday night the fraternity had a toga party at the frat house. At the party were the new pledges. The pledges were under the direction to do whatever the president of the fraternity told them to do. Nick, the president of the fraternity, saw Jacob dancing with his girl. Nick decided to get even with Jacob. While the party was in progress he ordered the pledge member to vandalize Jacob’s car. The pledge member opened the hood of Jacob’s car and took out the battery and pulled out several electrical wires. When the party was at an end, Jacob left the fraternity house and headed to his car. Jacob was unaware what had happened to his car. Jacob got into his car and tried to start the car. The car would not start. A police officer, who was parked outside the fraternity house, watched Jacob continually try to start his car. Jacob gave up and proceeded to walk home. The officer approached Jacob and charged him with attempting to violate a local city ordinance making it a misdemeanor to leave a vehicle on public streets in an inoperable state. Jacob’s best defense to the charge would be:
A. Mistake of Fact
B. Factual impossibility
D. No requisite intent
Answer: D- No requisite intent
7. Richie Rich was a young playboy. Having become short of cash he borrowed money from a local loan shark. When the money became due Richie was unable to pay the money back. The loan shark gave Richie two weeks to come up with the money or suffer the consequence. The only living relative was Richie’s father Lord, who was in poor health and confined to bed. Finding himself in trouble, Richie went to his father for money. Richie’s father declined to help him out. Angered by his father’s decision, Richie decided to accelerate his father’s impending death. He approached the housekeeper, Erma, and told her that if she would poison his father he will give her one million dollars from his father’s estate. Erma, in the need of money, decided to help Richie. The next morning, as Erma was making the tea, Richie’s father’s doctor made his weekly house call. Erma asked the doctor if he wanted some tea. He said “that would be great.” Erma placed poison in Lord’s morning tea and headed up stairs to give him the tea. Erma made sure that she placed the tea with poison on Lord’s breakfast tray and placed the doctor’s tea on the night table. While the doctor was examining Lord he inadvertently knocked his tea over. Knowing that he could get more Lord offered his tea to the doctor. The doctor drank the tea that had the poison in it and within several minutes he dropped dead. What crime or crimes has Richie committed?
A. Solicitation to commit murder.
B. Conspiracy to commit murder of his father, Lord.
C. Conspiracy to commit murder of his father Lord, and murder of the doctor.
D. Solicitation, conspiracy to commit murder of his father Lord, and murder of the doctor.
Answer: C- Conspiracy to commit murder of his father Lord, and murder of the doctor.
8. Miley and Hanna decided to burglarize a local art museum. While planning out the burglary, Miley informed Hanna that the museum had a sophisticated alarm system and would need some help in disabling the alarm system. Hanna knew of a person that could help. Hanna approached Thug, and asked if he could assist Miley and she in the burglary. Thug, said he was not interested but explained to Hanna how to disarm the system herself. The time came and Miley and Hanna went to the museum. When they arrived, they notice two guard dogs that had not previously been there. Deciding that it would be too hard to distract the dogs, they headed for home. What criminal liability do Miley and Hanna have, if any?
A. Hanna and Miley are guilty of conspiracy.
B. Hanna and Miley guilty of solicitation, conspiracy and attempt.
C. Hanna and Miley are guilty of solicitation, and conspiracy.
D. Hanna and Miley are guilty of conspiracy and attempt.
Answer: D- Hanna and Miley are guilty of conspiracy and attempt.
9. Johnny, a twelve year old boy has a history of getting drunk. Knowing that his parents were going to be out of town, he decided to throw a party. He invited all of the cool kids from his school. Late in the day he went to the local liquor store to buy alcohol. When he went to the liquor store he was unable to buy any liquor with his fake id. Worried that his party would not be a success, he decided to approach someone and ask them to buy liquor for him. Unbeknownst to Johnny, an undercover police officer was assigned to crack down on minors purchasing alcohol and he approached Johnny. He asked Johnny if he was looking for someone to buy him beer. Johnny replied, yes and some hard stuff too. The undercover police officer told Johnny that for a six pack of beer he would in turn buy Johnny the alcohol he wanted. Johnny agreed and gave the undercover officer the money in order to make the purchase. Johnny was arrested and was convicted at trial for conspiracy to purchase alcohol as a minor. Was the court correct in convicting Johnny for conspiracy?
A. No, because there was no agreement between the parties.
B. No, because there was no completion of the underlying crime.
C. Yes, because although he agreed with an undercover officer there was an agreement.
D. Yes, because there was an agreement between two or more to commit a crime.
Answer: No, because there was no agreement between the parties.
10. Angela, Brian and Carter were at Angela’s house, drinking beer. They wanted to order a pizza and have it delivered, but they did not have enough money to pay for it. Carter suggested they order the pizza and grab it from the pizza delivery person without paying. Brian told Angela to call the pizza parlor. She did so and ordered a pizza, knowing she could not pay for it. Brian and Carter waited outside the house. When the delivery person arrived with the pizza, Brian grabbed the pizza and Carter and Brian fled the scene. Brian and Carter returned to Angela’s house through the back door and all of them ate the pizza. Later, the police arrested Angela, Brian and Carter. What crime or crimes did Angela commit?
A. Solicitation to steal.
B. Conspiracy to commit larceny.
C. Conspiracy to commit larceny and larceny.
D. No crime
Answer: C- Conspiracy to commit larceny and larceny.
11. In the early afternoon, after several hours of drinking, Adam and Brady drove to a local market to purchase additional liquor. When they got to the store they realized they had no money in order to make a purchase. Adam, the driver, waited in the car with the motor running while Brady entered the store. When the clerk placed the requested bottle of whiskey on the counter, Brady picked it up and ran out to the car. As he jumped into the waiting car, Brady said to Adam, “Step on it, before the cops get here.” What criminal liability, if any, does Adam have?
A. Adam is guilty of the robbery because he was a co- conspirator.
B. Adam is guilty of the robbery under the pinkerton’s rule.
C. Adam is guilty because he was present at the scene.
D. Adam is not guilty since he did not take the whiskey.
Answer: B- Adam is guilty of the robbery under the pinkerton’s rule.
12. Tom, Dick, and Harry planned to steal 50 computers from a nearby warehouse. The three met at Tom’s house on Monday and agreed that they would meet on Saturday night in front of the warehouse, and Tom was to supply the truck in order to transport the computers. On Wednesday, however, Dick called Tom and Harry to say that he and his wife were going to visit relatives that weekend and Dick would not be able to help with the computer job. Tom said that was all right, that he and Harry could handle it, but that Dick would naturally be cut out of the profits on this job. On Saturday Tom and Harry proceeded with the plan and met at the warehouse. Unbeknownst
to them the warehouse had a hidden alarm and was triggered when Tom and Harry entered the warehouse. The police arrived and arrested Tom and Harry. The police learned about Dick and later in the week arrested him. What crime or crimes, if any, can Dick be charged with?
B. Conspiracy and attempted burglary
C. Conspiracy, attempted burglary, and Larceny
D. No crime since he withdrew
Answer: A- Conspiracy
13. Lance had cheated Wayne in a card game. Angry, Wayne went to Lance’s house with the intent to kill him. Just as he was about to set foot on Lance’s property, Wayne was arrested by a police officer who observed Wayne carrying a rifle. A statue in a State states “it is a crime to enter the property of another with the intent to commit any crime. Wayne was charged with the attempt to violate State A’s statute. What is the likely result?
A. Guilty, because the statue is designed to protect people.
B. Guilty, since he was close enough to entering the property and he had the intent to commit a crime.
C. Not guilty because the statute defines an attempted crime and there cannot be an attempt to attempt.
D. Not guilty because the statute punishes for a guilty mine.
Answer: B- Guilty, since he was close enough to entering the property and he had the intent to commit a crime.
14. Dan intended to kill Victoria. With that in mind, Dan shot at Victoria but missed her. Did Dan commit the attempted murder of Victoria?
A. Yes, because Dan attempted to kill Victoria.
B. Yes, because Dan acted with premeditation and malice towards Victoria.
C. Yes, because Dan took a substantial step towards killing Victoria.
D. No, because he missed Victoria.
Answer: A- Yes, because Dan took a substantial step towards killing Victoria.
15. Dan was angry at his neighbor, Ned, for having an affair with his wife. Dan decided to make things right and went over to Ned’s to kill him. Dan snuck into Ned’s house, went upstairs and saw Ned lying on the bed. Dan took his gun and fired 3 times into Ned’s chest. Dan ran off. Unbeknownst to Dan, Ned had a heart attack earlier in the day and was already dead. If Dan is arrested, the most serious crime he could be charged with would be?
D. Assault and Battery
Answer: B- Attempt