Reference no: EM133327143

Assignment: Marty Alvey loses a large amount of money while gambling in Atlantic City. To cover the debt. Marty decides to steal and sell a valuable vase from his grandfather. who is a wealthy collector of antiques. Marty knows that the vase is kept in his grandfather's third story study. He is familiar with the layout of his grandfather's house and knows that the study has a window. which is big enough for a man to climb through. Marty rents a ladder and borrows the tools he thinks he will need to cut the window screen and to pry open the window. At 3 am, Marty dresses in dark clothes and a ski mask. drives to his grandfather's house. and climbs the ladder leading to the study window screen. For the purpose of all parts of this problem (Hypothetical Problem B). assume that Marty's state uses the common law definition of burglary: "breaking and entering a home after dark. with the intent to commit a felony inside." Assume that the vase is worth enough to be the object of a grand larceny. and that Marty's state uses the traditional common law de?nition of larceny: "taking and carrying away the property of another. with the intent to deprive the rightful owner of possession of that property permanently."

1. If the police were to catch Marty at this point (as he is at the top of the ladder, holding his tools and leaning against the window screen to his grandfather's study). would Marty be guilty of attempted burglary? (yes or no) Brie?y explain your answer.

2. Assume that. as he leans against the window screen. Marty recalls all of the wonderful things his grandfather has done for him and is overcome by remorse. Marty voluntarily abandons his plans and climbs down the ladder. As he is about to step off the bottom rung. Marty in caught by the police and charged with attempted burglary. In some jurisdictions. Marty's voluntary abandonment of his plans would amount to a legal defense. while in other jurisdictions it would not. Which rule do you think is the better rule. and why? (Hint: A review of the purposes of criminal law and punishment might help you formulate your answer to this question. Recall that those purposes were restorative justice. deterrence. rehabilitation and incapacitation. You can answer either way. You will be graded on how well you use the purposes to support your answer.)

3. Assume that Marty has no pangs of conscience. He cuts the window screen and finds. to his surprise. that the study window is unlocked. He lifts the window and enters the study. The vase however is not in its place. Marty leaves the study empty handed and is caught by police at the bottom of the ladder. Assume that, in consultation with Marty's shocked grandfather. the prosecuting attorney decides to charge Marty with as many and with the most serious crimes possible. 3. Has Marty committed a burglary or only an attempted burglary? Look at the de?nition of "burglary" (in paragraph B. above) before you decide. Brie?y explain your answer. b Has Marty has committed the crime of grand larceny or only an attempted grand larceny? Again. please look at the definition of larceny(in paragraph 8. above) before you decide. Brie?y explain.