Criminal Law

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Due Date: 6/22/2013 11:59:59 PM CT

Identify all criminal acts. For each criminal act identified, discuss the elements and whether you believe the defendant or defendants can be convicted. You should use case law and any federal or state statutes to support your position.

Case Scenario:

Jane Doe was a janitor for the exclusive T-Partay Condominium complex. She has only a fourth-grade education, and she is considered "slow" because of a childhood illness. Her father was a friend of the complex owner who gave her the job. Most of the residents were quite wealthy. Jane had access to apartment keys and would often do wellness checks on the residents and make minor repairs. She did not carry a weapon for self-defense, but she did own a firearm, which she kept in her apartment. She resented the fact that her employer had so much money and only paid her minimum wage. She was 40 years old and could barely pay her rent.

Therefore, she was receptive when Jack Brown told her that he would pay her $500 if he could obtain the key to Mrs. Wealthy's apartment from Jane. Mrs. Wealthy was an affluent and socially prominent widow who resided at T-Partay. Jane gave Jack the key in exchange for the money. She believed Jack was going to use the key to simply take valuables from Mrs. Wealthy’s apartment. Instead, Jack, who was a part of a credit card scam ring, planned to pretend he was a good Samaritan by returning a lost key to Mrs. Wealthy that he found in the lobby. Jack thought that his ploy would give him access to Mrs. Wealthy’s apartment, where he planned to steal credit cards and bank statements.

Jack’s plan worked. He gave the key back to Mrs. Wealthy, who thanked him and invited him into her apartment for crumpets and cookies. When Mrs. Wealthy went to the restroom, Jack went through her purse and took a bank statement and no-limit credit card. Jack took the information back to his crew, and they started making phony checks and opened another credit line in Mrs. Wealthy’s name.

Jane found out about what Jack was up to when she learned that Mrs. Wealthy lost her entire life savings, and was forced to move to a homeless shelter. Jane became addicted to pain pills and was deeply depressed. She sent Jack a letter and told him she would kill him if he did not send her more money. Jack refused and sent an associate to kill her. The associate, Jim, a convicted felon, broke into Jane’s home. Before he could pull out a gun, Jane shot him dead.

A few weeks later Mrs. Wealthy was wandering in the parking lot when she saw Jack. By this time, her money and her mind were gone. She thought Jack was the devil and shot him.` Eventually, Jack was charged, among other things, with the attempted murder of Jane.

With what crimes can the individuals in the scenario be charged? Explain your reasoning.

Jane- Unlawful possession of a handgun, (Rose, 2008).

Bribery,

Extortion,

Accessory to theft,

Homicide,

Theft (of the key)

Jack- Attempted murder/Conspiracy to commit murder (of Jane)

Theft,

Bribery,

Theft by deception/fraud,

Identity theft,

Grand larceny,

Accessory to breaking & entering,

Credit card fraud /counterfeit credit cards

Mrs. Wealthy- Attempted manslaughter (for shooting Jack),

Unlawful possession and use of a handgun, (Rose, 2008).

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Theft is an all-encompassing term for the illegal acquisition of property with the intent to permanently deprive. Theft can refer to tangible items or effects, such as real estate or a purse, as well as intangible things, such as intellectual property or identity. The difference between theft and burglary is that the perpetrator does not enter a structure illegally with or without the use of force.

Unlawful possession of a handgun Illinois Ill. Rev. Stat. ch. 720, §5/24-3.1

A person commits the offense of unlawful possession of firearms or firearm ammunition when: He has been a patient in a mental hospital within the past 5 years and has any firearms or firearm ammunition in his possession; or He is mentally retarded and has any firearms or firearm ammunition in his possession

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Rose, V., (March 7, 2008). Gun Laws and Mental Health Reports to State and Federal

Authorities, Illinois Law Public Act 095-0564. Retrieved 17 June 2013 from

http://www.cga.ct.gov/2008/rpt/2008-R-0188.htm

Illinois law bars anyone with a history of mental illness from getting a firearm owners identification (FOID) card to possess or acquire firearms or ammunition (430 Ill. Comp. Stat. 65/2(a)(1), (2)). The law applies to anyone (1) with mental retardation; (2) who was a patient of a mental institution within the past five years; or (3) whose mental state is so impaired that he is a clear and present danger to himself, others, or the community (430 Ill. Comp. Stat. 65/8).

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Due Date: 6/22

/2013 11:59:59 PM CT

I

dentify all criminal acts

.

For

each criminal act identified, discuss the elements and whether you

believe the defendant or defendants can be convicted. You should use case law and any federal

or state statutes to support your position.

Case Scenario

:

Jane Doe was a janitor for the

exclusive T

-

Partay Condominium complex. She

has

only

a

fourth

-

grade education,

and

she is

considered "slow" because of a childhood illness. Her father

was a friend

of the

complex

owner who

gave her the job. Most of the residents were quite

wealthy. Jane h

ad access to apartment keys and would often do wellness checks on

the

residents

and make minor repairs. She did not carry a weapon for self

-

defense, but she did own a firearm,

which she kept in her apartment. She resented the fact that her employer had so

much money and

only paid her minimum wage. She was 40 years old and could barely pay her rent.

Therefore, she was receptive when Jack Brown told her that he would pay her $500 if he

could obtain the key to Mrs. Wealthy's apartment from Jane. Mrs. Wea

lthy was an affluent and

socially prominent widow who resided at T

-

Partay. Jane gave Jack the key in exchange for the

money. She believed Jack was going to use the key to simply take valuables from Mrs.

Wealthy’s apartment. Instead, Jack, who was a part of

a credit card scam ring, planned to pretend

he was a good Samaritan by returning a lost key to Mrs. Wealthy that he found in the lobby. Jack

thought that his ploy would give him access to Mrs. Wealthy’s apartment, where he planned to

steal credit cards an

d bank statements.

Jack’s plan worked. He gave the key back to Mrs. Wealthy, who thanked him and invited him

into her apartment for crumpets and cookies. When Mrs. Wealthy went to the restroom, Jack

went through her purse and took a bank statement and

no

-

limit credit card. Jack took the

information back to his crew, and they started making phony checks and opened another credit

line in Mrs. Wealthy’s name.

Jane found out about what Jack was up to when she learned that Mrs. Wealthy lost her entire

life savings

,

and was forced to move to a homeless shelter. Jane became addicted to pain pills

and was deeply depressed. She sent Jack a letter and told him she would kill him if he did not

send her more money. Jack refused and sent an associate to kill

her. The associate, Jim, a

convicted felon, broke into Jane’s home. Before he could pull out a gun, Jane shot him dead.

A few weeks later Mrs. Wealthy was wandering in the parking lot when she saw Jack. By this

time, her money and her mind were gone.

She thought Jack was the devil and shot him.

`

Eventually, Jack was charged, among other things, with the attempted murder of Jane.

With what crimes can the individuals in the scenario be charged?

Explain your reasoning.

Jane

-

U

nlawful possession of a han

dgun,

(Rose,

2008).

Bribery

,

Due Date: 6/22/2013 11:59:59 PM CT

Identify all criminal acts. For each criminal act identified, discuss the elements and whether you

believe the defendant or defendants can be convicted. You should use case law and any federal

or state statutes to support your position.

Case Scenario:

Jane Doe was a janitor for the exclusive T-Partay Condominium complex. She has only a

fourth-grade education, and she is considered "slow" because of a childhood illness. Her father

was a friend of the complex owner who gave her the job. Most of the residents were quite

wealthy. Jane had access to apartment keys and would often do wellness checks on the residents

and make minor repairs. She did not carry a weapon for self-defense, but she did own a firearm,

which she kept in her apartment. She resented the fact that her employer had so much money and

only paid her minimum wage. She was 40 years old and could barely pay her rent.

Therefore, she was receptive when Jack Brown told her that he would pay her $500 if he

could obtain the key to Mrs. Wealthy's apartment from Jane. Mrs. Wealthy was an affluent and

socially prominent widow who resided at T-Partay. Jane gave Jack the key in exchange for the

money. She believed Jack was going to use the key to simply take valuables from Mrs.

Wealthy’s apartment. Instead, Jack, who was a part of a credit card scam ring, planned to pretend

he was a good Samaritan by returning a lost key to Mrs. Wealthy that he found in the lobby. Jack

thought that his ploy would give him access to Mrs. Wealthy’s apartment, where he planned to

steal credit cards and bank statements.

Jack’s plan worked. He gave the key back to Mrs. Wealthy, who thanked him and invited him

into her apartment for crumpets and cookies. When Mrs. Wealthy went to the restroom, Jack

went through her purse and took a bank statement and no-limit credit card. Jack took the

information back to his crew, and they started making phony checks and opened another credit

line in Mrs. Wealthy’s name.

Jane found out about what Jack was up to when she learned that Mrs. Wealthy lost her entire

life savings, and was forced to move to a homeless shelter. Jane became addicted to pain pills

and was deeply depressed. She sent Jack a letter and told him she would kill him if he did not

send her more money. Jack refused and sent an associate to kill her. The associate, Jim, a

convicted felon, broke into Jane’s home. Before he could pull out a gun, Jane shot him dead.

A few weeks later Mrs. Wealthy was wandering in the parking lot when she saw Jack. By this

time, her money and her mind were gone. She thought Jack was the devil and shot him.`

Eventually, Jack was charged, among other things, with the attempted murder of Jane.

With what crimes can the individuals in the scenario be charged? Explain your reasoning.

Jane- Unlawful possession of a handgun, (Rose, 2008).

Bribery,