criminal-justice-and-art-question
Part 1
What is the most interesting thing you learned about Japanese art by reading the following NYT article?
the article is attached below.
Part 2
Tracie and Molly, both 12 years old, spoke on the phone and decided they were going to kill their homeroom teacher Ms. Geiger. The girls agreed Molly would bring rat poison to school the following day so it could be put in Geiger’s drink. The girls agreed to steal Geiger’s car and asked a high school friend to drive it, but he declined their request. The next morning Molly put a bag of rat poison in her purse and boarded the school bus. On the way to school Molly showed the rat poison to another student named Christy and informed her of the plan to kill Geiger. Upon arriving at school Christy notified the school authorities of what she had been told. When Geiger entered the classroom that morning she observed Tracie and Molly leaning over her desk. When the girls saw her they laughed and went back to their desks. Tracie and Molly were called to the office and Molly’s purse was searched and the rat poison was found. Traci and Molly were found delinquent (guilty) by a juvenile court after a jury found them guilty of attempted second degree murder of Geiger. They appealed the conviction to the Tennessee Supreme Court on grounds that their actions did not constitute a true attempt.. The court had to determine the following law on attempt; (1) A person commits criminal attempt who, acting with the kind of culpability otherwise required for the offense: (a) Intentionally engages in action or causes a result that would constitute an offense if the circumstances surrounding the conduct were as the person believed them to be; (b) Acts with intent to cause a result that is an element of the offense, believes the conduct will cause the result without further conduct on the person’s part, or (c) Acts with intent to complete a course of action or cause a result that would constitute the offense and the conduct amounts to a substantial step toward the commission of the offense. |
Module 11 Discussion 1. If you were a justice of the Tennessee Supreme Court, do you believe Tracie and Molly’s actions constitute a substantial step? Why or Why not? |
Part 3
Answer the questions below from the textbook or/and other sources. Ensure to utilizing the formatting examples provided. Your responses to these questions should be typed, 12 point font, with your response for each question no longer than 150 words in length. Double-spacing requirements apply, and you must cite any sources used in your responses.
- Why is it necessary to require a “substantial step” before mere plans become a criminal attempt? Explain your answer.
- Why are courts hesitant to punish a person for “evil thoughts “ alone? Explain your answer.
- Carol shoots her father Carl with malice aforethought. He thereafter lingers in a coma for two months and then dies. Carol is in a jurisdiction that recognizes merger for attempt and that also requires a victim to die within one year and a day if the defendant is to be charged with murder. Can Carol be charged with attempted murder and murder? Why or why not?
- What is the difference between conspiracy and criminal solicitation? Explain your answer in detail.
