Inchoate Offenses & Defenses Cases Flashcards
He was divorced from his wife and three kids. He drove to ex-wife’s mother’s home over Thanksgiving and shot the ex-wife, mother and daughters all four died.
Can he invoke insanity?
No; guilty of capital murder and cannot defend based on mental disease or defect
Only cognitive in capacity can negate the mens rea, not moral or volitional — insanity, defense (mental defect) falls under moral incapacity
- don’t want D to be let off the hook by being admitted to mental instituin, let out, and commit another crime
Kansas v. Mahler (2020)
Undercover officer and foreman enter bar meeting D to buy heroin. He makes four phone calls to locate it but can’t and then takes informed $650 to try and buy from someone else but also has no luck.
Is D guilty of attempted distribution of heroin?
Yes. Jury found that D was acting knowingly intentionally and the request for $650 was a substantial step towards distributing heroin.
Court determined that all the common law tests just mean substantial step
US v. Roy Mandujano (1974)
The meat guy in prison who is cooperating with law. Tells him he wants to kill his ex-girlfriend and her new boyfriend. When he gets out of prison friend, suggest hiring a killer officer McCabe. They meet with McCabe. D shows McCabe several photos of X brought them to our home, pointed out boyfriend when he left the ex’s home. Close to when McKay was going to kill. D asked to put it on hold, but then McCabe came back and said it had been done. D responded “I don’t wanna see nothing”
Can be be charged with attempted murder?
Probably not. Most courts say mere solicitation to murder is not murder; need an additional step
The steps could have been when he pointed ex out, gave photos
South Dakota v. Disanto
Woman leaving her job and when approaching her car, D told her to give up her wallet, grabbed her arms —> she screamed, cried, struggled, falsely telling him the police were present. Coworker came out, D let her go and walked away. Said during struggle, her keyring broke off and D picked it up and gave it to her.
Can he use the abandonment defense?
No. Can’t use abandonment when his act fails due to anticipated difficulties, resistance, or circumstances that increase the probability of apprehension which I did.
Michigan v. Baker (2006)
Sheriff try to stop D for speeding violation he didn’t stop —> high-speed chase. Sheriff parked car in the middle of the street to block these exit but when D didn’t stop, sheriff forced to drive into the snowbank.
Can D be charged with attempting to recklessly assault an officer in second degree?
No. Mens rea, for this crime is recklessly, which does not rise the level of knowing or intentional that the criminal attempt statue requires (he needed to deliberately hurt the officer). In Nebraska, there is no crime for attempted reckless assault on a peace officer in the second degree.
MPC: anytime you engage in behavior that didn’t cause harm, but could be liable for attempt. Then you should sweep up tons of conduct.
Nebraska v. Hemmer (1995)
DN Officer engaged in chat room conversation officer was posing as a 14-year-old girl and D was a 23-year-old male —> sexually explicit photos and decent of photo of male parts then agreed to have sex, but would have to be careful because he could go to jail —> plan to meet her at the McDonald’s and when he looked inside and didn’t see her officer arrested him
Charged for solicitation to commit 3rd degree criminal sexual conduct and (2) attempted distribution of obscene material to a minor and sexually abusive activity. Can D claim impossibility?
Not for attempt to distribute obscene material to minor because attempt only requires intention to commit the offense
- solicitation doesn’t care about impossibility
impossibility doesn’t work for attempt if there’s intention
Dissent: impossibility of completing the underlying crime can provide a defense to attempt
Michigan v. Christopher thousand (2001)
