Criminal Law Keyed to Weaverback
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A wife wanted to have her husband murdered in order to collect the proceeds from a life insurance policy. The wife solicited the services of a hitman, agreeing to split the insurance proceeds with him. The plan was for the hitman to shoot the husband at home and make it look like a botched burglary attempt, while the wife would be at her church hall playing bingo that night. However, when the hitman broke into the apartment, the husband was able to subdue him and call the police. The hitman was arrested and implicated the wife, who was arrested in the parish priest’s office just after she had confessed the plan to the priest. The wife is charged with attempted murder and conspiracy to commit murder in a state that retains the common law definitions of these crimes. A psychiatric evaluation of the hitman after he was arrested revealed that he was legally insane, and he later commit- ted suicide while awaiting trial.
As to the conspiracy charge against the wife, which of the following would be her most promising defense?CorrectIncorrect
A minor entered a liquor store and asked the cashier to let him purchase a case of beer for a party even though he was underage. The ca- shier agreed as long as he paid double the retail price for the beer as compensation for the risks of the sale. As the cashier started to ring up the transaction, an undercover officer who over- heard them intervened and arrested them. The state criminal code provides that it is a felony to knowingly provide alcohol to any person under the age of 21.
If the state follows the unilateral theory of conspiracy:CorrectIncorrect
A man believed that a woman who was a former roommate had taken a book of his, so he persuaded a mutual friend to help him get it back surreptitiously. He had the friend take the woman out to dinner, leaving her apartment empty so that the man could pick the lock on the woman’s front door and take the book back. On seeing the man trying to pick the lock, a neighbor called the police, who found the man still trying to pick the lock when they arrived. The man and the friend were charged with burglary and conspiracy to commit burglary.
If the man and the friend are acquitted of the conspiracy charge, the most likely reason would be that:CorrectIncorrect
A woman felt betrayed by her former lover. She waited outside his office until he appeared and then stuck a gun up his nose and demanded his diamond-studded watch. The woman took the watch, valued at several thousand dollars, to her friend. After bragging to the friend about how she obtained the watch, the woman sold it to her for $20
Several hours later, the friend looked out her front window to see several police officers and members of the press. “Open up, we know you possess a stolen watch,” said the police. Both the police and press were unaware that there was a back door, and the friend escaped through it. She took a taxi to the house of her boyfriend. “You must help me,” said the friend. “The cops are after me because I have this stolen watch.”
“Don’t worry, I’ll hide you,” said the boyfriend. The boyfriend was arrested in his own home, along with the friend, pursuant to a valid warrant. The trial court should rule that the boyfriend was a:CorrectIncorrect
A man’s friend told him that she would love to have a new DVD player, but could not afford one. “How would you like to buy one for $100?” the man asked his friend. “Sure,” she replied. The man went out and stole a DVD player in order to sell it to his friend. The man and his friend were arrested and charged with several offenses, including conspiracy to commit larceny.
Should the friend be found guilty of conspiracy to commit larceny?CorrectIncorrect