Scenario
You are asked to attend a meeting between your firm's new client, Mr. Assin, and the senior criminal practice attorney, Attorney Chatham. Mr. Assin was recently arrested and has retained the firm's services to represent him. Attorney Chatham asks Mr. Assin to begin by detailing exactly what happened. Mr. Assin gave the following account:
I was sitting in a restaurant, and a woman walked over to me and sat down. She said her name was Sally. She asked if I was available, and she winked at me. I've been single for 2 years, so I answered yes, I was available, and I winked back. The waiter came, and she ordered a dry martini with three olives. I said I would have the same. Before the drinks came, she said she needed to visit the powder room, and when she got up to leave, she slid an envelope under my water glass. The next thing I knew, I was being arrested, and now I'm here. I'm telling you, I didn't do anything wrong!
The police were following Sally, whom they previously identified as seeking to hire someone to murder her husband. She met an undercover police officer in an Internet chat room and offered him $5,000 to kill her husband. They arranged to meet at the restaurant for the exchange of money. Sally was supposed to meet the undercover police officer, whom she never saw before, at the restaurant and ask if he was available and wink. The undercover officer was supposed to say that yes, he was available and wink back at her. She would then order a dry martini with three olives, and the undercover officer would order the same thing. Sally did not know that she picked the wrong man at the restaurant, and instead of giving the money to the undercover officer, she gave the money to Mr. Assin.
You own a private investigation firm that specializes in conducting retained or court-appointed criminal investigations for criminal defense attorneys like the one who represents Mr. Assin. This is the first time that you have worked for this attorney, so you want to show him that you know the law and the criminal justice field. You assure Mr. Assin and the attorney that your information will be accurately assessed with the explanation of the events which occurred as outlined above. Your job is to conduct an independent criminal assessment of what happened to Mr. Assin, based upon the facts outlined above, and provide the attorney with your analysis of the case against Mr. Assin.
The attorney asks you to make sure that you address the following areas of concern and what other information that you feel pertains to the case in a document of 2-3 pages:
- Explain the elements of murder, including what is required to convict someone of attempt to commit murder.
- Explain whether Mr. Assin is guilty of attempted murder of Sally's husband.
•Explain why he has or has not committed the crime. You will want to discuss whether the defendant took any steps toward the completion of the act and the implications if he did or did not take those steps.
•Robbery is classified as both a property crime and a crime of violence. How would Mr. Assin's crime be classified? Mr. Assin was asked to kill someone for money. If he was guilty of this crime, then would it be classified as a property crime or a violent crime?
- Define violent crime and property crime. Provide 1 example for each.
•Based upon your opinion, reading assignments, and research, which type of crime is more serious? Are property crimes more serious than violent crimes? Explain and support your position