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Assignment #3

After reading the CRED attempted arson situation, prosecution


can determine the potential charges given to the seven defendants.
Although the intended crime failed, due to the bomb not being properly
set, the seven defendants can still be charged for their actions leading
up to the crime. The charges should be as follows:
Alan, who researches how to make a bomb and plants the bomb
in the CRED offices can be charged with conspiracy to commit arson
and attempted arson. Conspiracy is defined as two or more people to
coming to an agreement to commit a specific crime. In this situation,
Alan, Ben, and Cali agree to blow up the CRED building. Alan can be
charged with attempted arson because his actions prior to the night of
the crime and his intent show that he wanted to commit this crime,
although it did not occur. This falls under factual impossibility because
the defendant intends to commit a crime, however a fact makes it
impossible to complete (bomb does not go off). Prosecution could
charge Alan with solicitation if he would have paid his roommate $500
to buy illegal tools, however they were not.
Ben can be charged with conspiracy to commit arson, attempted
arson, and solicitation. Ben plays a similar role in this criminal activity.
He agreed with Alan and Cali to commit arson (conspiracy), as well as
go inside the building and attempt to plant the bomb. Although he fails
because he trips and falls, the intent and the actions show his attempt

of arson. The attempt begins when Ben stakes out the CRED building
and makes a blueprint of security measures. He can be charged with
solicitation because after Cali bailed on the group, he asks his cousin to
partake in the crime and be the look out.
Cali cannot be charged with attempted arson because she
abandoned the crime. She realized she fell in love with Greg, so she
jumped out of the car. Abandonment is a concept used here because
the intervening force is Cali herself, as she decided to leave the crime
and went to the police. However, Cali can still be convicted of
conspiracy because she did at one point have the intent and
agreement with Ben and Alan.
Although Derrick was not a direct part of the crime, he acted as
an accomplice. He is defined as an accomplice because he is a party
liable for the actions before the crime happened. Derrick was paid
$500 by Alan to accumulate the tools needed to make the bomb.
Derrick wanted no information about what the bomb would be used for,
however he had to have known a crime was going to be committed. He
can also be charged with attempt to commit arson because he
intended to give the materials to his friends to commit a crime.
Erin acts as an accomplice to the others because she drives the
car away after the bomb in planted. Ben quickly calls up Erin to help as
the look out. Erin can then be charged with attempted arson because
she had the intent to help with the crime. She cannot be charged with

conspiracy to attempt because she had no prior planning of the


criminal activity.
Alans ex-girlfriend Freda can be charged with aiding a wanted
fugitive. Freda is an accessory to the crime because this event happens
after the crime is committed. Alan was found hiding in her basement,
as he had a warrant out for his arrest, which she knew about. Freda can
be charged with obstruction of justice because she did not give any
information to the police although she knew Alan had a warrant out for
his arrest.
Lastly, Greg cannot be charged with anything because it was not
of his knowledge of any of this planning going on.

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