Reference no: EM133809003
Question
Joe, having recently lost his job, needs money to pay his bills. He approaches his brother, Fred, and asks him to help him rob the Education First Federal Credit Union located on the Lamar University campus. Fred has a lengthy criminal record, with charges involving drug possession and robbery of a Lamar student several years before. Fred agrees to help Joe. The men decide to rob the credit union on September 16.
Joe then makes several trips to the credit union, observing the hours it opens, its busiest time of day, and whether the credit union has a security guard. He also takes several pairs of latex gloves from his home, along with a rifle he uses to hunt, and puts them in the trunk of his car.
Fred has a big mouth, and tells his girfrlend Suzy that he is about to come into some money, since he and Joe are going to rob the credit union. Suzy calls the Beaumont Police Department about this plot.
On September 16, ?Joe picks up Fred in his car, and drives to a convenience store to buy a soda.. While Joe is in the convenience store, Beaumont police department officers arrive, and arrest Joe and Fred. The District Attorney decides to charge Joe and Fred with:
Attempted Credit Union Robbery
Conspiracy to Commit Credit Union Robbery
Here is what you must cover in your initial response to me:
You are the defense attorney representing Joe. Articulate at least one defense to charge 1, ?and at least one defense to charge 2, ?for Joe. What arguments would you make to the jury to get them to acquit Joe of both charges?
You are the prosecutor. Articulate at least one argument that supports why you filed the attempted credit union robbery, and then at least one argument why you filed the conspiracy charge.
When preparing your responses, make sure you rely on the material found in Chapter 4.
Specifically, you must use the Model Penal Code's definition of "attempt" found on page 106 ?of the book, which has 2 ?elements. You must also use the definition of "Conspiracy" found on page 119 ?of your book, which has 4 ?elements. Use these terms for both the prosecution and defense explanations.