Question
Inchoate Crimes Can someone check my work? Any thoughts or changes that I should make? This is what I was to do- Review the elements
Inchoate Crimes
Can someone check my work? Any thoughts or changes that I should make?
This is what I was to do-
Review the elements of all the inchoate crimes.Next, read the fact pattern and answer, in detail,the questions that follow.
You must use caselaw in support of your answer and postings to fellow students.Please post your word count at the end of your posting.
Facts:Diana Prince, a young police officer in Apache Junction, Arizona was assigned to pose as a drug dealing high school student in order to investigate drug trafficking at Central High School.As part of her assignment, she befriended Steve Trevor, who she believed was involved in selling drugs in school.
On January 11th, Diana told Steve, she could get him 100 pills of Happiness, a prescription anti-anxiety drug, for $500.Steve replied, "Awesome!"Steve then gave Diana $500 in cash. On January 15th, Diana gave Steve a bottle containing 100 Happiness pills.The FDA had changed the status of Happiness from a prescription drug to an over-the-counter medication on January 13th, but neither of them were aware of this change on January 15th.
On January 16th, Diana told Steve that if he gave her another $1000, she could get him one ounce of cocaine. Steve replied, "Cool-- I can resell it and make at least $500 in profit!"Steve gave Diana the cash the next day. On January 20th, Diana filled a plastic bag with pure talcum powder, gave this bag of fake "cocaine" to Steve, and said, "Here is the cocaine you ordered...have fun selling it!"
On January 21st, Diana told Steve she would obtain one pound of marijuana from her supplier if Steve could give her $2000. Diana explained that she would resell the marijuana to students for $3000, thereby making a $1000 profit, which she and Steve would split. Steve replied, "Count me in!"The next day, Steve gave Diana $2000 in cash and Diana used the cash to buy a pound of genuine marijuana from a local dealer. On January 25th, Diana showed Steve the marijuana she had purchased and promised to give him $2500 (his investment plus the $500 profit) by January 30th.When Steve replied, "Yeah, baby" Diana arrested him.Steve never touched the marijuana.
In Arizona, the following are crimes:
(1)knowing possession of cocaine
(2)knowing possession of cocaine with intent to sell
(3)knowing possession of marijuana
(4)knowing possession of marijuana with intent to sell
(5)knowing possession of a prescription drug without a valid prescription.
For purposes of the following questions, do not consider entrapment as a defense.
- Did Steve a) commit, b) attempt to commit, or c) conspire to commit any of the above felonies between January 11thand January 15th?
- Did Steve a) commit, b) attempt to commit, or c) conspire to commit any of the above felonies between January 16thand January 20th?
- Did Steve a) commit, b) attempt to commit, or c) conspire to commit any of the above felonies between January 21stand January 25th?
Here is my answer-
In Arizona, the following are crimes:
(1)knowing possession of cocaine
(2)knowing possession of cocaine with intent to sell
(3)knowing possession of marijuana
(4)knowing possession of marijuana with intent to sell
(5)knowing possession of a prescription drug without a valid prescription.
1.Did Steve a) commit, b) attempt to commit, or c) conspire to commit any of the above felonies between January 11thand January 15th?
Throughout the dates of January 11th - 15th Steve committed the acts to commit, attempt to commit and conspire to commitpossession of a prescription drug without a valid prescription."Diana told Steve, she could get him 100 pills of Happiness, a prescription anti-anxiety drug, for $500.Steve replied, "Awesome!"Steve then gave Diana $500 in cash On January 15th, Diana gave Steve a bottle containing 100 Happiness pills." Even though he attempted the acts to commit, attempt to commit and conspire to commit possession of a prescription drug without a valid prescription. He cant be held at fault as for committingthese crimes because The FDA had changed the status of Happiness from a prescription drug to an over-the-counter medication on January 13th making legal.
2.Did Steve a) commit, b) attempt to commit, or c) conspire to commit any of the above felonies between January 16thand January 20th?
On the dates of January 16th - 20thDiana told Steve that if he gave her another $1000, she could get him one ounce of cocaine. Steve replied, "Cool-- I can resell it and make at least $500 in profit!"Steve gave Diana the cash the next day. On January 20th, Diana filled a plastic bag with pure talcum powder, gave this bag of fake "cocaine" to Steve, and said, "Here is the cocaine you ordered...have fun selling it!" Steve on these dates attempted the acts to commit, attempt to commit and conspire to commit to have thepossession of cocaine and knowing possession of cocaine with intent to sell.
3.Did Steve a) commit, b) attempt to commit, or c) conspire to commit any of the above felonies between January 21stand January 25th?
On the dates of January 21- 30thDiana told Steve she would obtain one pound of marijuana from her supplier if Steve could give her $2000 Diana explained that she would resell the marijuana to students for $3000, thereby making a $1000 profit, which she and Steve would split. Steve replied, "Count me in!"The next day, Steve gave Diana $2000 in cash and Diana used the cash to buy a pound of genuine marijuana from a local dealer. On January 25th, Diana showed Steve the marijuana she had purchased and promised to give him $2500 (his investment plus the $500 profit) by January 30th.When Steve replied, "Yeah, baby" Diana arrested him.Steve never touched the marijuana. Steve on these dates attempted the acts to commit, attempt to commit and conspire to commit to have the possessionof marijuana and possession of marijuana with intent to sell.
Throughout many of these dates Steve was responsible for inchoate crimes and criminal attempt of attempt and conspiracy of Pills, Cocaine and Marijuana. A similar case of attempt is "People v. Miller,". " while slightly inebriated, threatened to kill Albert Jeans. Miller appeared that afternoon on a farm owned by Sheriff Ginochio where Jeans worked. Miller was carrying a .22-caliber rifle and walked toward Ginochio, who was 250 or 300 yards in the distance. Jeans stood roughly 30 yards behind Ginochio. The defendant walked about 100 yards, stopped, appeared to load his rifle, and then continued to walk toward Ginochio, who seized the weapon from Miller without resistance. Jeans, as soon as he saw Miller, fled on a right angle to Miller's line of approach, but it is not clear whether this occurred before or after Miller crouched and appeared to place a bullet in the rifle. The firearm was loaded with a high-speed cartridge. At no time did Miller raise and aim his rifle. Was this sufficient for an attempt?
What was Miller's intent? To frighten Jeans or to kill him? Should we consider Jeans's reaction in determining Miller's guilt?
You could ask these same questions for Steve. What was Steve Intent? Was this sufficient for an attempt to sellattempt to commit and conspire to commit to have the possessionof marijuana and cocaine?
Word Count: 782
Lippman, M. (2018).Contemporary Criminal Law: Concepts, Cases, and Controversies(5th ed.). SAGE Publications, Inc.
"People v Miller" Lippman, M. (2018).Contemporary Criminal Law: Concepts, Cases, and Controversies(5th ed.). SAGE Publications, Inc.
Thanks in advance.
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