|
1. Anna, Bob, and Carlo are broke, out of money. Anna says, "You know, Juan just got that new job and gets paid in
cash on Friday. He kind of likes me. What if someone was to get Juan to go out to the quiet spot (a deserted wooded area),
just about when it is dark and someone was waiting out there and jumped on Juan and took all his money? That would be terrible,
wouldn't it?" she laughed. No one responded.
At this point all that happens is the above conversation. Assume that Anna has been charged with the crime of solicitation.
First discuss the elements of solicitation and apply them to the facts in this scenario. (10 points).
2. Anna is 14 years old. and Juan is 19 years old. They have previously had a sexual relationship and Anna decides to
call him.
She calls Juan and says, “Juan, I need you to bring over $500 or I might have to go see your mother and tell
her we were…..you know.”
Juan replies, “Go ahead, she don’t care.”
Anna snaps back, “Well, how about if I call my uncle, the police officer and tell him? Five hundred dollars….have
it at my house in an hour, Juan!”
Analyze these facts and include all the elements of all the crimes involved and describe which could result in a conviction.
(20 points)
3. Juan does not pay the money. Two days later, Bob and Carlo call Anna and they again talk about the idea of getting
Juan out to a quiet spot and taking his money. They all agree they should carry out their plan..
Anna calls Juan and says, "Sorry about the angry words the other day. Next Friday, how about if we meet out at the
quiet spot? Say 6:00 o'clock, right after work? Juan says, "Nah, no thanks." As a result, nothing happens.
Assume that Anna, Bob and Carol have been charged with the crime of attempt. First discuss the elements of attempt and
apply them to the facts in this scenario. (20 points).
3. (For the purposes of this question, assume that Anna has not been charged with attempt in Number 1.) Three weeks later,
Juan calls Anna and says, "Hey, how about if we meet out at the quiet spot on Friday night about 7:30pm?" Anna says,
"O.K.
She then phones Bob and Carlo and tells them, "When Juan gets there, you guys will be waiting for him, then "smack
him around" and take his money!"
Only Bob replies, "Whatever." Carlo later says to Bob, "I ain't going, I'm allergic to poison ivy, but
you can borrow my sweatshirt if you want."
Anna decides not to go. Bob is waiting in the woods and when Juan gets there, hits him in the head. Juan dies, but Bob
takes his wallet..
Assume that Anna and Carlo have been charged with conspiracy in this case. First discuss the elements of conspiracy and
apply them to the facts in this scenario both as to Anna and Carlo's case. What other crimes, if any, could they be charged
with? (20 poin).
4. Unknown to Anna, Bob or Carlo, when Anna called and spoke on the phone to Bob and Carlo about the robbery plan, Anna's
sister, Mena, was listening on the other phone. Mena decides she will rob Juan before anyone else does. She arrives at the
quiet spot on Friday evening, but she is too late, Juan has already been killed by Bob and Bob has already left the scene.
She sees Juan lying on the ground and believes he is sleeping. Sneaking up on his body, she shoots Juan's corpse in the head
in what would have been mortal wound had he not already been killed, and searches for his wallet but can't find it.
Assume that Mena has been charged with the crime of attempted murder. First
discuss the elements of attempt and then apply them to the facts in this scenario. (20 points).
5. After the conviction of Bob for first degree murder, the death penalty phase of the case. Bob is 19 years old and
has an I.Q. of 75 (quite low), has completed only the 5th grade. He has never been convicted of any crime and for the past
6 years has raised funds for the Cancer Society as a volunteer. Analyze the case and explain which aggravating factors and
which mitigating factors apply to the case and why.(10 points).
|
