Under the majority approach, one who solicits an offense can be convicted both for the solicitation and conspiracy to commit the offense solicited if the person solicited agrees to the solicitation.

Defendant takes an umbrella she believes belonged to Victim.  In actuality, however, the umbrella belonged to Defendant.  Accomplice helped Defendant take the umbrella with the specific intent to promote its theft.  Like Defendant, Accomplice thought the umbrella belonged to Victim.  In a Model Penal Code jurisdiction, neither Defendant nor Accomplice may be rightfully convicted any crime since due to the doctrine of impossibility.

The relevant elements of perjury in a common law jurisdiction are: “offering a knowing falsehood in a trial or other official proceeding.”  A asks B to lie in A’s trial for statutory rape, which is defined as “sexual intercourse with a person under the age of 15.”  Strict liability applies to the element “under the age of 15.”  The lie that A wants B to tell is that they had discussed the age of the victim before A engaged in sexual intercourse, and had agreed that the victim appeared to be at least 17.  A also wanted B to lie by saying that B heard the victim tell a schoolmate that “it sure was nice to be 17 on my last birthday.”  B agreed to tell these lies, and did so on the stand at A’s trial.  The trial judge, however, excluded B’s testimony and had it stricken from the record.  A was convicted of statutory rape. B may be properly convicted of attempted perjury.

A asks B for his help in robbing the FDIC-insured U.R. Safe National Bank.  B agrees to help A rob the bank, and procures guns for each of them, giving A the better of the two guns since A is to be the one who scares the bank customers and employees into compliance with their orders.  Despite the fact that they mutually agreed to arm themselves, they promised each other that should things go wrong, they would surrender rather than kill anyone.  As planned, upon entering the bank, A keeps all the customers and bank employees at bay while B goes into the bank vault with the bank manager to get the loot.  While in the vault, however, B rapes the bank manager.  An off duty security guard comes in from the security entrance to the bank, and hears the bank manager screaming.  He goes into the vault, and witnesses B committing the rape.  B shoots and kills the guard.  A runs in, sees what B has done, turns his gun on B, and says, “Damn it.  Let the woman go.  Drop your gun.”  A then instructed one of the bank employees to call the police.  A kept B at gunpoint while all waited for the police to arrive. In a common law jurisdiction, both A and B can be properly convicted of conspiracy to commit armed robbery in spite of A’s apparent abandonment of the offense.

Why do you think the Clinton health reform failed but the Obama health reform succeeded?

What are the main challenges faced by long-term care in the future? 

FACT PATTERN (next 5 questions)A asks B for his help in robbing the FDIC-insured U.R. Safe National Bank.  B agrees to help A rob the bank, and procures guns for each of them, giving A the better of the two guns since A is to be the one who scares the bank customers and employees into compliance with their orders.  Despite the fact that they mutually agreed to arm themselves, they promised each other that should things go wrong, they would surrender rather than kill anyone.  As planned, upon entering the bank, A keeps all the customers and bank employees at bay while B goes into the bank vault with the bank manager to get the loot.  While in the vault, however, B rapes the bank manager.  An off duty security guard comes in from the security entrance to the bank, and hears the bank manager screaming.  He goes into the vault, and witnesses B committing the rape.  B shoots and kills the guard.  A runs in, sees what B has done, turns his gun on B, and says, “Damn it.  Let the woman go.  Drop your gun.”  A then instructed one of the bank employees to call the police.  A kept B at gunpoint while all waited for the police to arrive. A may be properly convicted of solicitation to commit bank robbery. 

Marilyn left Rumors Bar after having consumed five double Kamikazes in less than one hour.  While she was walking to the Metro, she bumped into Jinny, a homeless woman on the street.  Jinny swore at Marilyn and took a swing at her.  Marilyn responded by kicking Jinny in the face, and left the scene.  Unbeknownst to Marilyn, the five-inch spike on her high-heeled shoes went right into Jinny’s eye, causing massive bleeding.  Jinny died within an hour of the incident on the street from loss of blood.  An eyewitness identified Marilyn and she was arrested. If Marilyn were charged with involuntary manslaughter, her best chance for acquittal would be:

A person may be held indefinitely in a psychiatric institution upon a judicial determination that they are incompetent to stand trial.

Jessie age 19, burglarized a house with two of her friends, both of whom are in their early 20s.  Jessie really did not want to commit the crime, but her buddies pressured her into it.  In preparation for trial, Jessie’s lawyer sent him to Dr. Fred Della, a forensic psychiatrist, for a full evaluation.  Dr. Della called Jessie’s lawyer and agreed to testify in favor of the defense since he concluded that Jessie did not entertain the required mens rea of purpose or knowledge.  Dr. Della explained that while Jessie did not suffer from any mental illness, she is severely learning disabled.  As a result of her learning disability, she has certain personality characteristics that made it unlikely that the required mens rea was actually entertained.  Specifically, Jessie is naive, extremely suggestive, and in effect, is capable of being hoodwinked by the other people on the occasion involved.  In fact, Dr. Della believes that is exactly what happened.  Based upon this information, Jessie’s lawyer chooses to use the insanity defense.  The Model Penal Code formulation of the insanity defense is in effect in the controlling jurisdiction.  Presuming that Jessie’s learning disability were a bona-fide mental disease or defect sufficient to qualify for invoking the defense of diminished capacity, the defense would most likely: