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November 26, 2018

Attempt actus reus hypo for consideration and reflection

The most challenging and controversial issues surrounding attempt throughout history has concerned the required actus reus for the crime.  To facilitate our discussion of the actus reus of attempt liability, below is a list of hypothetical actions by a hypothetical troubled man to get you thinking about where a line should be drawn between "mere preparation" and attempt liability:

Joe McAngry of Columbus sincerely believes libertarian ideas and those who embrace such a political philosophy are the root of much evil in the world, and he often tells his friends that the whole world would be better off without any academics, policy advocate and politicians who advocate libertarian views.   After hearing someone on Fox News say that the United States would be a better place if more politicians would embrace the libertarian philosophy espoused , Cesar took the following steps:

1.  E-mails friend saying he wished all libertarians would just get sick and die because they were barred from government-supported hospitals

2.  Posts twitter comment that he would love to see someone like Cesar Sayoc go after libertarian politicians and pundits

3.  Places stickers on van saying "FOX NEWS SUCKS" and with target symbols next to images of Gary Johnson, Ron Paul and John Stossel

4.  Does internet research on prominent figures in the US who espouse libertarian views 

5.  Writes a "hit list" of Top 5 libertarians, with Gary Johnson, Ron Paul, Rand Paul, John Stossel and Peter Theil 

6.  Does internet research on where those on his "hit list" live

7.  Does internet research on homemade bombs and explosives

8.  Rents Ryder truck for driving to Texas town where Ron Paul Institute is located

9.  Drives rented truck to suburbs outside of Houston, Texas, checks into hotel, sleeps

10.  Drives in morning to Clive and drives around the grounds of The Ron Paul Institute for Peace and Prosperity

11.  Parks near Paul Institute, walks around asking employees when Paul is there

12.  Returns to hotel room in near Houston, does more internet research on bomb-making, sleeps

13.  In morning, buys fertilizer/gas/timer and other ingredients for making primitive bomb at hardware store

14.  Drives again to Clive, Texas now with bomb ingredients in truck

15.  Parks in strategic location near Paul Institute

16.  Starts building homemade bomb inside rental truck

17.  Waits, watches for Paul to arrive at work

18.  Drives past security guard following Paul's car as he arrives for work

19.  Parks truck right next to Paul's car as he pulls into spot

20.  Jumps out of truck with remote bomb trigger in hand

21.  Runs away planning to push trigger after hiding behind stone wall

22.  Pushes trigger and....



When SHOULD Joe McAngry be deemed guilty of attempted murder?

   -- When could he be deemed guilty at common law?

   -- When could he be deemed guilty under the MPC or Ohio law?



When do you want police to intervene?

When do you think the police legally can intervene?

When do you think the police will intervene?

November 26, 2018 in Course materials and schedule | Permalink


"North Dakota Man Pleads Guilty To Stealing Forklift to 'Kill' Donald Trump"

Couldn't not share this. Hopefully at least gives you all a laugh as we wrap things up. The fact that he was in a “serious psychiatric crisis during this incident” is the cherry on top.

Posted by: Silvia Francis-Bongue | Dec 3, 2018 10:31:11 PM

and the link:

Posted by: Silvia Francis-Bongue | Dec 3, 2018 10:32:55 PM

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