Chapter Four

Study Guide

As you read this assigned chapter, answer the following questions:

1. D has amassed a huge gambling debt at the local casino and has no resources to pay it back. He decides to kill his father and use the inheritance to satisfy the debt. Pursuant to this plan, D buys a gun. Is D guilty of attempted murder?

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A. Suppose that after buying the gun Defendant goes to his father's house and conceals himself in the bushes waiting to take his father by surprise. Is Defendant guilty of attempted murder?

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2. D plans to buy stolen property from X, who he knows will be at a given location at midnight. D arrives at the location as scheduled, but X has since been arrested and will not show up. Is D guilty of attempting to receive stolen property?

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A. Suppose a plain clothes police officer arrives at the location and offers to sell D a purportedly stolen radio. The radio in fact belongs to the police officer. If Defendant buys the radio thinking it is stolen, is he guilty of attempted receipt of stolen property? For the purposes of answering this question, assume the elements of receiving stolen property are present and that if the property had actually been stolen, D would have been convicted of a Class C felony. Additionally, if you think D can be convicted, what classification of crime can he be convicted of?

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3. Conspiracy.

A knows where a large amount of counterfeit money can be purchased and decides to ask B to help him pass the bills if he obtains them. Upon disclosure of the scheme to B, B responds, "What a break for you. You'll make a fortune." Upon the basis of these facts alone, are A and B guilty of criminal conspiracy?

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A. A, B and C agree to rob a bank. Pursuant to the plan, B, who is to provide the getaway vehicle, steals a car and parks it in C's garage. The next day, A tells C that she has changed her mind and will not join in the crime. C informs B of A's change of heart at their meeting just before the robbery. C and B nevertheless carry out the robbery themselves.

(1) Are A, B and C all guilty of criminal conspiracy?

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(2) What if A had called the police and informed them of the robbery plan prior to the robbery occurring?

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(3) Can A, B and C (given all of the facts above) be convicted of a crime relating to the theft of the auto as well as a conspiracy to steal the automobile?

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B. R calls N, his former girlfriend, who is an employee of a local Burger King. R tells N that he wants to inquire about security at the restaurant because he is planning to rob the restaurant if she would assist him. He tells her he would share the proceeds with her. N immediately reports the conversation to her supervisor and he notifies the police. The police set up a surveillance based on the supervisor's call. R continues to call N about conditions at the store. Finally, N observes an automobile occupied by R and W. They ask N if the guard is in the store. N tells them the guard is not in the store. A few minutes later the men approach the restaurant on foot and were met by police officers. W was immediately taken into custody, but R fled. He was apprehended after pursuit. R was pulled from beneath a van where he was found hiding. At the time he was wearing a black stocking over his head. A knife and a plastic gun were found at the scene. R is charged with conspiracy to commit robbery. The charge says that he conspired with W. R argues that he cannot be guilty of conspiracy because there was not an overt act in furtherance of the conspiracy. Do you agree with R?

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(a) How is the act required for proof of conspiracy different than the act required for proof of the crime of attempt?

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