Criminal Law

Chapter 8 Assessment

Identify the type of crime committed in each case. Explain in detail how the elements of
the crime you determined apply to the situation. Argue any mitigating factors and Work
The Facts (including the fact that, maybe, some elements are missing and no crime has
occurred)

1. Jerry asks Tom, a friend from school, to shoplift a toy for him from the local
Walmart. Tom enters Walmart. He buys a package of cookies and goes home.

The Crime committed is Solicitation, performed by Jerry. Jerry solicited Tom to

commit the crime of theft by asking him to shoplift a toy for him.

Actus Reus: The actus reus is Jerry’s request for Tom to perform the action of
shoplifting. Even if Tom decided to not steal the toy, Jerry’s solicitation of theft is
still enough for law enforcement to determine this as the criminal act.

Mens Rea: The mens rea is that Jerry knowingly and purposefully asked Tom to
commit the crime of theft. Although there is one mitigating factor. SInce Tom did
not actually commit the crime, one can argue that there was no actual criminal
intent. (Jerry could have joked about the crime)

Attendant Circumstances: Technically the solicitation occurred, because of the

context of Tom entering Walmart and purchasing cookies. However we aren’t sure
if he decided to carry on with the plan.

Mitigating Factors: One mitigating factor could be Tom’s refusal to carry out the
theft. If Tom rejected Jerry’s request (missing from the text) and decided to not
engage in the crime, then the crime would not be completed. Or even if Tom
accepted the request, but decided to not carry on with the transaction last
minute, there would be no crime committed.

2. Nick tells his wife, Jodi, to lure Marcia, a lawyer, from her home on the pretext of
signing a will. At this point, Nick and Jodi would kidnap Marcia and take her into
their house, rig her with a fake explosive device and take her to his bank. Here,
 they would force her to withdraw all her money under the threat that Nick would
detonate the explosive.

One of the crimes that has been committed is conspiracy.

Actus Reus: Nick is instructing Jodi to lure Marcia so that they could kidnap her
and force her to withdraw all her money with the use of a fake weapon.
Additionally, Nick is planning out the whole scheme with his wife.

Mens Rea: Nick and Jodi must have the intent to agree and commit the criminal
act. In this case only Nick has the intent, as he is informing his wife of the plan.
However we aren’t sure right now if Jodi has agreed to this plan.

The crimes below are potential crimes, as according to the scenario nothing has
been carried out yet. As Nick is only “telling” his wife of his plan.

Kidnapping:

Actus Reus: The act of forcibly taking Marcia from her home and transporting her
into their home. The action of forcefully taking and transportation involve the
criminal act of kidnapping.

Mens Rea: The intent is to unlawfully confine and restrain Marcia against her own
will.

Extortion:

Actus Reus: The act of forcing Marcia to withdraw all her money from the bank by
using the threat of detonating a fake explosive device.

Mens Rea: The intent is to obtain money through the threat of harm (the fake
explosive)

Mitigating Factors: One possible mitigating factor could be that the explosive
device is fake and won’t actually detonate. But looking at the circumstances,
there will probably be no jury that will view in the favor of Nick and Jodi just
because they used a fake explosive device.

One of the biggest missing elements is that the scenario does not state if
anything was carried out.
 3. Ted buys a gun for the purpose of killing his ex-girlfriend. He follows her to work
and waits for her in the parking garage below her offices. As he begins to
approach her, the parking attendant walks by and says “hello” to Ted. Ted
returns to his car and goes home.

One of the potential crimes committed is attempted murder and intent to commit
murder.

Actus Reus: Ted’s act of buying a gun and following his ex-workplace indicates a
criminal act in preparation for committing a possible murder.

Mens Rea: Ted’s intent to kill his ex-girlfriend is evident through his actions.
Through the actions of purchasing the gun and the action of following to his
workplace.

Substantial Step: Approaching his ex-girlfriend in the parking garage is a

substantial step towards the commission of murder, constituting an attempted
murder.

Mitigating Factor: One of the mitigating factors could be the parking attendant’s
interaction with Ted. Ted’s decision to return home could be influenced by the
presence of the parking attendant.

Missing Elements: Since the attempted murder was not carried out by Ted, there
was no death.

4. Frank and Mary, both work at a doctor’s office that treats people on Medicare.
Mary decides that she wants to submit vouchers that say they treated people
who they didn’t treat. To be clear, that would be health care fraud. Frank knows
what Mary is going to do. She asks him to compile a list of people who she will
falsely say they treated. Then, Mary wins the lottery, and doesn’t need to commit
health care fraud. Instead of filling out fake vouchers, she buys a yacht and sails
off to someplace warm. No false vouchers are ever submitted.

Healthcare Fraud.
Mens Rea: Mary’s intention to submit false vouchers reflect the criminal intent for
healthcare fraud.

Actus Reus: The act of submitting false vouchers for medical treatments that did
not occur constitutes the criminal act of healthcare fraud.

Mitigating Factors: Mary’s decision not to proceed with the healthcare fraud plan
due to winning the lottery could be considered a mitigating factor. Since no false
vouchers were submitted it can be argued that the crime was not completed.

Missing elements: Although Frank knows what Mary will be doing, it is unsure
whether or not Frank agreed on compiling the list for Mary. We also don’t know if
Frank potentially decided to notify anyone of what Mary was going to do.

5. A car driven by Tom, in which Dick and Harry are passengers. The plan is for
Tom to stop the car, Dick and Harry get out, leave the doors open, accost and rob
a victim, jump back in the car, and Tom drives off. However, Harry has second
thoughts and says “this is a bad idea...I’m out on this”. Harry stays in the car
while Tom and Dick rob several bystanders.

The crime committed is a planned crime of robbery.

The Actus Reus: The criminal act of robbery that involves the use of force, threat
of taking property, and then fleeing the scene.

Mens Rea: Dick, Harry and Tom decided to plan a robbery with the intent of
carrying it out.

Another crime committed is aided crime performed by Harry.

Actus Reus: Even though Harry was in the car during the commission of the
crime, his physical presence is a factor of an evident criminal act.

Mens Rea: However there is no evidence of intent. Since Harry expressed his
second thoughts and opted out of the actual crime, that means his intent is no
longer present with the completion of the robbery.
Mitigating Factors: One factor is that since Harry decided to opt out and not
actively participate in the robbery, it could be argued that he withdrew from the
criminal plan. Therefore, he did not commit any crimes.

6. Mary sends an email to Kay, the first period TA in her math teacher’s class,
asking Kay to take pictures of the test on the teacher’s desk and send them to
her. The school wifi goes out and Kay never receives the email from Mary. Two
hours later, Kay gets the email from Mary. She goes into the classroom during
lunch and takes pictures of the test. However, by the time she sends the pictures
to Mary, Mary has already taken the math test.

The attempted crime is the solicitation to cheat.

The actus Reus is the act of taking a picture of the test which is performed
by Kay, in response to Mary’s solicitation.
The mens rea is the criminal intent that Mary has to cheat by soliciting Kay
to take pictures of her test for her.

Migrating factors: It is important to know that technically Kay did not have
the initial intent to cheat, as she did not receive the email from Mary. On the
other hand, the act of cheating was never performed by Kay or Mary, as
Kay only sent the pictures after the test was already taken by Mary