Please help if possible. Thanks!
Crime of book-burning: knowingly burning a book.
Facts: D knowingly burns a log, honestly believing that it was a book.
Questions:
0) is "book" an attendant circumstance?
1) is D guilty of book-burning? (I'm thinking no, because there wasn't a book burned..)
2) Is D guilty of attempted book-burning?
- I.e. is there a factual impossibility, or hybrid legal impossibility?
Thanks!
Muddup
Crim Q Forum
- gdane
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Re: Crim Q
Hybrid. D's confused about a fact that he thinks subjects him to the law. Burning a log isn't illegal, but burning a book is and D thanks he is burning a book.
Not guilty of burning a book.
Guilty of attempt to burn a book. D had the men's rea to burn a book, he performed the acted reus of burning something, and there was concurrence because his men's rea motivated the acute Reus.
Ask, if the facts were as D thought they were, would his actions be illegal? Here the answer is yes.
Why did he think the log was a book? Is there a possible insanity defense issue here?
Not guilty of burning a book.
Guilty of attempt to burn a book. D had the men's rea to burn a book, he performed the acted reus of burning something, and there was concurrence because his men's rea motivated the acute Reus.
Ask, if the facts were as D thought they were, would his actions be illegal? Here the answer is yes.
Why did he think the log was a book? Is there a possible insanity defense issue here?
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Re: Crim Q
0. Yes, it is an attendant circumstance
1. He is guilty because factual impossibility is not a defense. If the facts were as D believe them to be, a book, then it would have been a crime. This is aka hybrid legal impossibility. There is no mistake of law or fact defense because he has the requisite MR.
2. Attempt needs a MR of purpose. There was an Act of burning so it is already last step. SO it should merge with burning the book.. But even so, D only has the intent of knowingly, not purposefully, so i would say he is not guilty of attempting to burning the book.
1. He is guilty because factual impossibility is not a defense. If the facts were as D believe them to be, a book, then it would have been a crime. This is aka hybrid legal impossibility. There is no mistake of law or fact defense because he has the requisite MR.
2. Attempt needs a MR of purpose. There was an Act of burning so it is already last step. SO it should merge with burning the book.. But even so, D only has the intent of knowingly, not purposefully, so i would say he is not guilty of attempting to burning the book.
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Re: Crim Q
Ok thanks!
Facts: (i) D1 poisons V; V is to die in 1 hour; (ii) D2 then shoots V; killing V instantly.
Is D1 cause in fact?
Facts: (i) D1 poisons V; V is to die in 1 hour; (ii) D2 then shoots V; killing V instantly.
Is D1 cause in fact?
- salix
- Posts: 93
- Joined: Wed Jan 25, 2012 6:13 pm
Re: Crim Q
Using the "Substantial Factor" test - yes - (Occurs when 2 defendants act independently and not in concert with one another, commit 2 separate acts, each of which alone is sufficient to bring about the prohibited result).muddup wrote:Ok thanks!
Facts: (i) D1 poisons V; V is to die in 1 hour; (ii) D2 then shoots V; killing V instantly.
Is D1 cause in fact?
But D1 is also an 'Obstructed Cause,' so he'll probably only be convicted of attempt to kill.
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