Criminal Law

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.

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