Criminal Law Keyed to Dresslerback
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A man was approached by his cousin, who planned to rob a bank, to act as the escape driver. The man pretended to agree, and he planned to report his cousin to the police before the crime was committed. On the day appointed for the crime, the man picked up his cousin and drove him to the bank, and they stopped at a convenience store on the way. He left the car running with his cousin inside and from the store he called the police to warn that a bank robbery was about to occur. The police officer answering the phone thought it was a prank call and hung up. After another unsuccessful attempt, the man went back to the car to talk his cousin out of the bank robbery, but he found the car missing. The cousin had grown nervous after a few minutes, driven to the bank, and robbed it at gunpoint. He fled the scene, but was apprehended soon thereafter.
If the man is charged with conspiracy, the trial court is most likely to find him:CorrectIncorrect
After reading an article in a hunting magazine detailing a state’s expanded season for the hunting of grizzly bears, a hunter called his nephew to see if he wanted to take a trip to the state to hunt grizzly bears. His nephew agreed. Unknown to the hunter and his nephew, the article in the magazine listed an incorrect ending date for the expanded grizzly bear hunting season; the hunting season had expired the day before. While still in their pickup truck driving to a campsite in the state, the hunter and his nephew were pulled over by a state trooper. They volunteered that they were on their way to hunt grizzly bears and were promptly arrested. A state statute made hunting bears out of season a strict liability offense.
If the hunter and his nephew are charged with conspiracy to hunt grizzly bears out of season, they will be:CorrectIncorrect
A gunman and a driver planned and committed the armed robbery of an ice cream parlor. The gunman threatened a waitress with a gun, while the driver emptied the store’s cash register. The gunman fired a few shots at the store’s lights and said, “Anyone that follows us gets it.” The driver drove the getaway car and when it appeared that they were safe, they both relaxed. The gunman turned a corner and saw a man walking down the street. “Boy do I hate that jerk,” said the gunman. The driver took his gun and shot a man, who died three weeks later.
If the gunman is charged with murder, he will most likely be found:CorrectIncorrect
A man and woman agreed to burn down a neighbor’s house in retribution for some wrong the neighbor allegedly committed against them. Both the man and woman were arrested shortly after they poured gasoline on the neighbor’s front porch. The man revealed to the police that he participated in the plan to ensure that nothing bad would happen to the neighbor, and that he had made an anonymous telephone call to the police alerting them to the crime, which enabled the police to arrest him and the woman “in the act.” The woman stated that she would not have participated if not for the man’s encouragement.
If charged with a conspiracy at common law to commit arson, the woman should be found:CorrectIncorrect
A husband who believed that his wife was having an affair with his brother hired an arsonist to burn down the brother’s house. They planned for the husband to take his brother to a ballgame so that the arsonist would be able to set the house on fire without detection. After the husband and brother left for the ballgame, how- ever, the arsonist decided to abandon the plan and immediately left town without doing any- thing further. When the husband returned from the ballgame with the brother, he saw the house still standing and blurted out what was supposed to have happened. The husband and the arsonist were arrested and charged with conspiracy to commit arson. At the arsonist’s trial, his attorney argued that he was innocent of the conspiracy because he decided not to go ahead with the plan, and nothing criminal had in fact occurred.
At common law, a jury should find the arsonist:CorrectIncorrect