LSTD302
100 words agree or disagree to each questions
Q1.
Did the person commit the crime of attempted robbery or robbery under the MPC?
The Model Penal Code (MPC) is a criminal code that the defendant must either commit an act, either purposely, knowingly, recklessly, or negligently, and this act must cause a particular result (Allison, 2012). With that being said, the man with the ski mask intended to rob this person’s house and ends up their food and realizing that he went to the wrong house and left without stealing or breaking anything.
Can he argue successfully that he abandoned his criminal activity before a crime was committed? I would say that he successfully abandoned his criminal activity the man took off his ski mask and began eating the individual’s food and admitted that he went to the wrong house. Without performing any criminal activity.
Works Cited
Allison, J. (2012). Model Penal Code, No-Knock Search Warrants, and Robbery.
Q2.
As stated in this week’s lesson. “An assault is an intentional act and does not have to have any physical harm or injury (APUS, n.d.)”. Placing fear and threatening anyone can be categorized as an assault with a deadly weapon. When the person had brandished the weapon and asked for money or he would shoot. That is the moment he created a criminal act by communicating a threat with an intent to harm someone. So, under the MPC he did commit an attempted robbery which would be tried as a felony but probably brought down to a misdemeanor depending on prior convictions. Given that information he would not be able to argue successfully that he had abandoned his criminal act before a crime was committed because he did commit a crime. He could also be charged with criminal trespassing and possession of an unregistered weapon. I further believe the neighbors only offered him more food to control the situation and possibly felt a little remorse for the individual and could sympathized with him. (Stockholm’s syndrome) Which brings up another charge of “False imprisonment”. Under 25 CFR 11.404 False imprisonment “a person commits a misdemeanor if he or she knowingly restrains another unlawfully so as to interfere substantially with his or her liberty (Legal Information Institute, n.d.)”. I believe the individual restrained the people by gun point and therefore he could be held liable for false imprisonment.
APUS. (n.d.) Lesson 6: Types of Crimes. In LSTD302: Criminal Law: Winter 2020 [Class lesson slide]. Retrieved from
https://apus.brightspace.com/shared/elf/lstd302/lesson6/index.html
Legal Information Institute. (n.d.). 25 CFR § 11.404 – False imprisonment. Retrieved March 10, 2020, from
https://www.law.cornell.edu/cfr/text/25/11.404
Q3
Depending on what state they are in, the masked man may, or may not fall under the breaking and entering charge. However, trespass and unlawful possession of a firearm are still in play, as well as constructive force and false imprisonment having suddenly appeared demanding money and threatening to fire upon those who didn’t concede. You could even throw assault in there as well, considering that the masked man first arrived on the scene brandishing a firearm and threatening imminent danger upon the “would be” victims.