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Author Topic: Crim Law Questions  (Read 2987 times)

Coregram

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Re: Crim Law Questions
« Reply #10 on: December 19, 2005, 09:57:59 PM »

Another question for anyone: If two people agree to commit multiple crimes together, will they be prosecuted for multiple conspiracy charges? (I think I know the answer to this -- I would say "yes." However, our prof has taught us basically nothing.)
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It depends on the multiple crimes.  If they are committed as part of the same agreement or relationship between conspirators, there is only one count of conspiracy.  (i.e. conpiring to purchase and sell a lb. of cocaine is one conspiacy, to distribute, and not two conspiracies - to buy and then to distribute.)  If there are seperate agreements (i.e. two weeks later, they again agree to purchase and sell another lb.) then there are two conspiracies.

dft

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Re: Crim Law Questions
« Reply #11 on: December 19, 2005, 10:21:16 PM »
What if they agree to break into someone else's home (burglary) and kill that person (murder)?

It depends on the multiple crimes.  If they are committed as part of the same agreement or relationship between conspirators, there is only one count of conspiracy.  (i.e. conpiring to purchase and sell a lb. of cocaine is one conspiacy, to distribute, and not two conspiracies - to buy and then to distribute.)  If there are seperate agreements (i.e. two weeks later, they again agree to purchase and sell another lb.) then there are two conspiracies.

BigPimpinBU

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Re: Crim Law Questions
« Reply #12 on: December 19, 2005, 11:09:17 PM »
Any chance we could just get the hypo copy-pasted into this thread? (unless someone did, in which case I apologize for my lazy reading)

dft

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Re: Crim Law Questions
« Reply #13 on: December 20, 2005, 12:07:46 AM »
It's a really long hypo. The gist (the part that is confusing) is as follows:

A, A2, and P agree to break into V's house at night (burglary is a given) to threaten V.  A2 assists in the planning but doesn't go along.  Unbeknownst to A, P brings a gun in to make sure that V "gets the message."

While they are threatening V, V makes a provocative statement to them.  P flips out and fires at V, but misses.

V fled in panic and jumped into his car, speeding away.  He's driving recklessly and he tries to pass someone in front of him. He ends up swerving off the road into an enbankment. A2 (from earlier) walks by and sees a figure slumped over the wheel.  He knew whose car it was but he kept walking. V died the next day.

shao2007

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Re: Crim Law Questions
« Reply #14 on: December 20, 2005, 02:02:58 PM »
It's a really long hypo. The gist (the part that is confusing) is as follows:

A, A2, and P agree to break into V's house at night (burglary is a given) to threaten V.  A2 assists in the planning but doesn't go along.  Unbeknownst to A, P brings a gun in to make sure that V "gets the message."

While they are threatening V, V makes a provocative statement to them.  P flips out and fires at V, but misses.

V fled in panic and jumped into his car, speeding away.  He's driving recklessly and he tries to pass someone in front of him. He ends up swerving off the road into an enbankment. A2 (from earlier) walks by and sees a figure slumped over the wheel.  He knew whose car it was but he kept walking. V died the next day.


First thoughts are that A and A2 not responsible for P bringing gun because they did not agree on this earlier, question is would it be foreseeable that V would bring a gun. Can be argued that since they were going to assault (imminent apprehension) V that something might happen like V getting a gun and assaulting V (failed battery) or other dangerous weapon. Since the assisted P in getting into house, probably accessory before fact attempted murder.

A2 omission liability for involuntary manslaughter if him helping V would have saved his life. Since V and A's actions created V's accident situation they are liable for involuntary manslaughter through omission liability, and because A2 is a co-conspirator he is liable for the completed act.

Possible FM, they broke in with a weapon, armed burglary, and unintended death occurred. blah blah and other support for that.

Don't know if that helps at all. My mind just went blank for a second thinking about the Pinkerton Rule and all the litle differences between MPC, Federal Law , and Common Law.  Break Time

dft

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Re: Crim Law Questions
« Reply #15 on: December 20, 2005, 04:07:48 PM »
thanks.

i just talked to my prof and he said i was right about the attempted voluntary manslaughter was well as the accomplice to attempted voluntary manslaughter.