Assignment 3 (1)

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Assignment #3 After reading the CRED attempted arson situation, prosecution can determine the potential charges given to the seven defendants. Although the intended crime failed, due to the bomb not being properly set, the seven defendants can still be charged for their actions leading up to the crime. The charges should be as follows: Alan, who researches how to make a bomb and plants the bomb in the CRED offices can be charged with conspiracy to commit arson and attempted arson. Conspiracy is defined as two or more people to coming to an agreement to commit a specific crime. In this situation, Alan, Ben, and Cali agree to blow up the CRED building. Alan can be charged with attempted arson because his actions prior to the night of the crime and his intent show that he wanted to commit this crime, although it did not occur. This falls under factual impossibility because the defendant intends to commit a crime, however a fact makes it impossible to complete (bomb does not go off). Prosecution could charge Alan with

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Transcript of Assignment 3 (1)

Assignment #3After reading the CRED attempted arson situation, prosecution can determine the potential charges given to the seven defendants. Although the intended crime failed, due to the bomb not being properlyset, the seven defendants can still be charged for their actions leading up to the crime. The charges should be as follos!Alan, ho researches ho to ma"e a bomb and plants the bomb in the CRED o#ces can be charged ith conspiracy to commit arson and attempted arson. Conspiracy is de$ned as to or more people to coming to an agreement to commit a speci$c crime. %n this situation, Alan, &en, and Cali agree to blo up the CRED building. Alan can be charged ith attempted arson because his actions prior to the night of the crime and his intent sho that he anted to commit this crime, although it did not occur. This falls under factual impossibility because the defendant intends to commit a crime, hoever a fact ma"es it impossible to complete 'bomb does not go o(). *rosecution could charge Alan ith solicitation if he ould have paid his roommate +,-- to buy illegal tools, hoever they ere not.&en can be charged ith conspiracy to commit arson, attempted arson, and solicitation. &en plays a similar role in this criminal activity. .e agreed ith Alan and Cali to commit arson 'conspiracy), as ell as go inside the building and attempt to plant the bomb. Although he failsbecause he trips and falls, the intent and the actions sho his attempt of arson. The attempt begins hen &en sta"es out the CRED building and ma"es a blueprint of security measures. .e can be charged ith solicitation because after Cali bailed on the group, he as"s his cousin toparta"e in the crime and be the /loo" out.0 Cali cannot be charged ith attempted arson because she abandoned the crime. 1he reali2ed she fell in love ith 3reg, so she 4umped out of the car. Abandonment is a concept used here because the intervening force is Cali herself, as she decided to leave the crime and ent to the police. .oever, Cali can still be convicted of conspiracy because she did at one point have the intent and agreement ith &en and Alan. Although Derric" as not a direct part of the crime, he acted as an accomplice. .e is de$ned as an accomplice because he is a party liable for the actions before the crime happened. Derric" as paid +,-- by Alan to accumulate the tools needed to ma"e the bomb. Derric" anted no information about hat the bomb ould be used for,hoever he had to have "non a crime as going to be committed. .ecan also be charged ith attempt to commit arson because he intended to give the materials to his friends to commit a crime. Erin acts as an accomplice to the others because she drives the car aay after the bomb in planted. &en 5uic"ly calls up Erin to help asthe /loo" out.0 Erin can then be charged ith attempted arson becauseshe had the intent to help ith the crime. 1he cannot be charged ith conspiracy to attempt because she had no prior planning of the criminal activity. Alan6s e78girlfriend 9reda can be charged ith aiding a anted fugitive. 9reda is an accessory to the crime because this event happensafter the crime is committed.Alan as found hiding in her basement, as he had a arrant out for his arrest, hich she "ne about. 9reda canbe charged ith obstruction of 4ustice because she did not give any information to the police although she "ne Alan had a arrant out for his arrest.:astly, 3reg cannot be charged ith anything because it as not of his "noledge of any of this planning going on.