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November 28, 2022

Discouragingly 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 Apple's headquarters) and here (planning to bomb the Ron Paul Institute).

Based on depressing recent events, and in an effort to highlight the discouragingly challenging realities surrounding mass shootings, I have revised the hypo (and hope it is not too triggering).  Here goes:

1. Joe McAngry calls his parents to say was fired from his job at Twitter and joked he might want to borrow his dad's rifle

2. Joe emails his friends to say he was very depressed and angry Elon Musk bought Twitter and fired so many people like him

3. Joe texts a former co-worker who was also fired to say he hoped someone "got back" at Musk

4. Joe posts anonymously on Twitter that Musk ought to be sure to "keep looking over his shoulder" 

5. Joe researches online about where Musk lives and works and can be found on most workdays

6. Joe researches online about the Tesla Gigafactory in Austin, Texas and contacts persons about arranging a tour 

7. Joe posts on Facebook that some day retribution would come to Musk and those who work with him

8. Joe orders a bulletproof vest from an online store for overnight delivery

9. Joe travels to his parents home and picks up his dad's rifle and a ski mask, telling his dad he had hunting plans

10. Joe visits a gun store and buys 60 rounds of ammunition for the rifle and also a handgun with 60 more rounds

11. Joe uses Waze to map out a route from his home in California to Tesla headquarters in Austin, Texas

12. Joe creates a fake document that states he has been invited for a special tour of the Tesla Gigafactory

13. Joe begins a drive to Texas, with his guns and ammo and vest, staying overnight at a motel in eastern Arizona 

14. Joe completes his drive to Austin, staying overnight in a motel a few miles from the Tesla Gigafactory

15. Joe, wearing his a bulletproof vest, drives in morning to Tesla headquarters and circles grounds 

16. Joe drives to security checkpoint and convinces guard using fake document that he has a tour scheduled at the factory

17. Joe parks near where he thinks Musk has his office and is working that morning 

18. Joe waits, watching for working to arrive at location while monitoring Musk's Twitter account

19. Joe emerges from his car with his rifle in one hand and his handgun in another

20. Joe starts running toward the entrance to the Tesla Gigafactory, pointing his guns at persons nearby yealling "Where's Elon?"

21. Joe begins to squeeze trigger as he sees someone he thinks is Musk emerge from the Tesla Gigafactory....



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?



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 28, 2022 in Course materials and schedule | Permalink


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