Dave is angry at Jim. Dave tells Jim to watch his back as he leaves Jim’s house. Later that evening, Dave returns to Jim’s home with a loaded gun. Analyze this situation under three different approaches to attempt. Describe what Dave would have to do in order to be liable under each approach.
What will be an ideal response?
(1) Physical proximity to the commission of a crime – Dave must have the loaded gun pointed and aimed toward Jim. (2) Unequivocality or clarity of purpose to commit a crime – Dave showing up at Jim’s house with a loaded gun might be enough to assign liability; however, Dave’s body language and facial expression might be taken into consideration. (3) Model Penal Code or substantial step toward the commission of a crime – some of Dave’s preparation may be discussed such as getting the gun, loading the gun, and returning to Jim’s house with the gun. It is also important that Dave point and aim the gun at Jim.
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Indicate whether this statement is true or false.
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A) typical verbal commands or strong directive language. B) minimal physical force or force combined with commands. C) hands, chemical agents, baton, gun, or other special tactics or weapons. D) lethal or deadly force (even if the suspect was not killed).
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A. To punish convicted criminals with stricter laws B. To ensure faster trials C. To advocate capital punishment D. To demand restitution for victims of crimes
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