Question
Write essay about the difference between a Conspiracy and an Attempt as it pertains to committing crimes. Secondly, read Overt Acts: Conspiracy Versus Attempt. Answer
Write essay about the difference between a "Conspiracy" and an "Attempt" as it pertains to committing crimes.
Secondly, read "Overt Acts: Conspiracy Versus Attempt". Answer the question after the example listed as #1. Explain your reasoning to your answer.
Here is the section:
As we have seen, both conspiracy (under many statutes) and attempt require an "overt act" or "substan-tial step" before the crime is complete. Are the requirements for what constitutes the necessary act the same for both crimes? Based on what you know about conspiracy, is proof of the necessary "overt act" in conspiracy prosecutions easier or harder than proof of the necessary "substantial step" in attempt prosecutions? Why or why not? Consider the following two cases from the same jurisdiction, and decide if they are consistent.
1. Defendant stated to others that he planned to kill his estranged wife. Shortly after that, police found defendant in his car, parked in his wife's workplace parking lot near the door she used to exit the building. In his car he had an ice pick, a box cutter, and binoculars. Is he guilty of attempted murder?
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