Background: Bob consulted with Holland because he faces prosecution. Holland asks you to review the facts in Bob's case and prepare a written report that analyzes whether Bob committed any inchoate crimes. Your report will be discussed with Bob in the next client meeting with Holland.

Facts: The facts in Bob's case are as follows:

Bob and Dave were hanging out at Dave's house, smoking marijuana, when Bob asked Dave to go buy some crystal methamphetamine as he wants a better high. Dave just laughed and said he did not feel like doing that. Bob persisted in trying to convince Dave to buy some crystal methamphetamine but finally gave up.

Bob suggested they watch a TV movie, "Breaking Bad DVDs". Dave said he had seen it and it was boring. Bob said, "Then let's go to Wal-Mart and steal some new movies". Dave was not interested in stealing since he is already on probation. Dave, however, agreed, to go to Wal-Mart with Bob saying, "Sure. You know me. I'll go along with whatever you want to do." On the way to Wal-Mart, Dave was focusing on texting and didn't notice when Bob did a quick, street-buy of meth while at a stop light. At Wal-Mart they looked through the inventory of DVD movies. Bob did put two DVDs in his coat pocket before they went into the shoe department and began to try on shoes.The Wal-Mart manager had been watching Bob. While Bob and Dave were still in the shoe aisle, he called the police who arrested Bob in the store.

NOTE: In Wal-Mart stores, the cashiers for all merchandise are at the front of the store, between the sales floor and the store exits.

Part A: Written Report

Write a report that addresses the following:

1. Identify any inchoate crimes Bob may have committed.
2. Describe the elements of any inchoate crimes identified in response to Question 1.
3. If you think no inchoate crimes could have been committed, thoroughly explain why not.
4. Analyze and discuss the most likely arguments the prosecution will make to prove Bob is guilty of the identified inchoate crimes.[
5. Conclude whether Bob will likely be convicted of any inchoate crimes, based solely on the facts.

FORMAT

A. Written Report Format

TO: Beckett Holland, Esq.

FROM: (your name),

RE: Assessment of Inchoate Crimes

Date:

Brief summary of the facts.

1.

2.

3.

4.

5.

Please provide explanation for each answer at the end