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November 28, 2021

Timely hypo for wrapping up attempt / complicity / conspiracy discussions

To facilitate discussion of various doctrines related to attempt (particularly the act requirement), I have in past years put up posts with a sequence of actions by a young man seemingly interested in committing an act of domestic terrorism.  Examples are here (planning to bomb MIcrosoft's headquarters) and here (planning to bomb the 2014 Boston Marathon) and here (planning to bomb Apple's headquarters) and here (planning to bomb the Ron Paul Institute).

Based on recent events, and in an effort to bring in some complicity and conspiracy concepts, I have revised the hypo and sequence of events to now involve a few people.  So here goes:

Peter Pour and Paul Pour, bothers who both work as Uber drivers and often tweet about the injustice of income inequality, have told many friends and family that they viewed the recent rash of smash-and-grab thefts of luxury stores to be a kind of justified economic reparations.  In an email to their parents prior to the Thanksgiving weekend, Mary and Michael, Peter said he and Paul were hoping to get the courage to "do some justice at the Oliwood Easton Tiffany store."  Michael wrote back "Be safe"; Mary said "I would like my justice in the form of a bracelet.  And remember your ski masks and maybe other useful supplies are in our garage."  Thereafter:

1.  Both Peter and Paul e-mailed friends asking for persons to join their new "Smash-And-Grab Justice League" via google form

2.  Paul researched online various recent "smash and grab" events and created spreadsheet about number of persons involved 

3.  Peter researched online operating times for the Oliwood Easton Tiffany store in December 2021

4.  Paul traveled to his parents house, picking up ski masks and gloves and large bags

5.  Peter traveled to Home Depot and purchased a dozen large hammers and large bags

6.  Paul and Peter traveled together by car to the Oliwood Easton Tiffany store on the day after Thanksgiving

7.  Peter and Paul take turns entering and walking around the Oliwood Easton Tiffany store; Peter took notes in a notebook when inside, Paul took pictures all around the store with his phone

8.  Two days after Thanksgiving, Peter emails everyone who filled out the google form to explain they were looking at the early morning of December 4 as "justice day" 

9.  Paul, the next day, emails the group saying there would be a meeting on December 3 for all serious "justice warriors" at their apartment 

10. During week after Thanksgiving, Peter and Paul send daily reminders of the meeting planned for the evening of December 3 

11. On December 3, Andrew, James, John, Philip, Bartholomew and Matthew all meet with Peter and Paul at their apartment 

12. At 5:10am on December 4, Paul and Peter in their separate cars each head out from their apartment and pick up three of their friends

13. Around 5:30am on December 4, Paul and Peter in their separate cars each head to Oliwood Easton

14. Around 5:50am on December 4, Paul and Peter in their separate cars each park near Oliwood Easton Tiffany store

15. Around 6:15am, Paul and Peter and their friends emerge from the cars all wearing masks and gloves and carrying hammers and bags

16. Paul and Peter (but not their friends) start running directly toward the Oliwood Easton Tiffany store with hammers raised....



When do you think, under common law tests or the MPC, the brothers (or others) are guilty of attempted theft/burglary?

When do you think the brothers (or others) are involved in a formal conspiracy to commit theft/burglary?

Do you think the parents of the brothers (or others) are accomplices in an attempted theft/burglary?



When do you want police to intervene?

When do you think the police legally can intervene?

When do you think the police likely will intervene?

November 28, 2021 in Course materials and schedule | Permalink


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