review the following case scenario, and identify all criminal acts. For each criminal act identified, discuss the elements and whether you believe the defendant or defendants can be convicted. You should use case law and any federal or state statutes to support your position.
Jane Doe was a janitor for the exclusive T-Partay Condominium complex. She only had a fourth-grade education and was considered “slow” because of a childhood illness. Her father was a friend of the owner of the complex and gave her the job. Most of the residents were quite wealthy. Jane had access to apartment keys and would often do wellness checks on the residents and make minor repairs. She did not carry a weapon for self-defense, but she did own a firearm, which she kept in her apartment. She resented the fact that her employer had so much money and only paid her minimum wage. She was 40 years old and could barely pay her rent. Therefore, she was receptive when Jack Brown told her that he would pay her $500 if he could obtain the key to Mrs. Wealthy’s apartment from Jane. Mrs. Wealthy was an affluent and socially prominent widow who resided at T-Partay. Jane gave Jack the key in exchange for the money. She believed Jack was going to use the key to simply take valuables from Mrs. Wealthy’s apartment. Instead, Jack, who was a part of a credit card scam ring, planned to pretend he was a good Samaritan by returning a lost key to Mrs. Wealthy that he found in the lobby. Jack thought that his ploy would give him access to Mrs. Wealthy’s apartment, where he planned to steal credit cards and bank statements.
Jack’s plan worked. He gave the key back to Mrs. Wealthy, who thanked him and invited him into her apartment for crumpets and cookies. When Mrs. Wealthy went to the restroom, Jack went through her purse and took a bank statement and no-limit credit card. Jack took the information back to his crew, and they started making phony checks and opened another credit line in Mrs. Wealthy’s name.
Jane found out about what Jack was up to when she learned that Mrs. Wealthy lost her entire life savings and was forced to move to a homeless shelter. Jane became addicted to pain pills and was deeply depressed. She sent Jack a letter and told him she would kill him if he did not send her more money. Jack refused and sent an associate to kill her. The associate, Jim, a convicted felon, broke into Jane’s home. Before he could pull out a gun, Jane shot him dead.
A few weeks later Mrs. Wealthy was wandering in the parking lot when she saw Jack. By this time, her money and her mind were gone. She thought Jack was the devil and shot him. Eventually, Jack was charged, among other things, with the attempted murder of Jane.
Assignment Guidelines
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CRIMINAL LAW
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JANE DOE
Jane who works as a Janitress for the exclusive T-Partay Condominium complex is lured and influenced by Jack in to committing crime after been promised (bribed) some huge amount of money if she plays along and plays her role in the crime. Jane becomes an accomplice to a crime when she hands over the keys to Mrs. Wealthy’s apartment to Jack while she was aware of Jacks plans. In the first place, if Jane would not have wanted to engage herself in criminal activities she would have reported Jack to the Police when he had first approached her and proposed to her his criminal evil plan which she gladly accepted after been promised quite a lamp of money.
Jane’s criminal acts
1) Bribery:
Jane can be convicted for bribery in a court of law. It is evident that the 500 dollars that Jack promised her at the end of the operation is what stirred up her and led to her to being an accomplice in the crime. She accepts to participate in the crime after she is bribed off with the amount of money promised to her.
2) Accomplice to a crime
Jane plays along a crime scene making her as good as a criminal. Were it not for her the whole criminal activity would not have taken place. Her role in the whole event is the most crucial since the crime starts with the handing over of the key to jack[footnoteRef:1]. [1: R v Connor and Mirza (Conjoined Appeals) [2004] HL
]
3) Unlawful possession of a gun
Jane is illegally in possession of a gun which is against the law for one to possess any form of firearm. She even uses this weapon to kill Jim, an associate sent by Jack to go and kill her.
4) Extortion
Jane can be accused of extortion which she fits quite well. Her acceptance to participate in the crime makes her fall in this category as an extortionist since she is made aware of the plan by Jack which is to extort Mrs. Wealthy’s money.[footnoteRef:2] [2: 2Identity theft, 18 U.S.C. § 1028(a)(7]
5) Homicide and theft
Jane falls in as a thief when she steals the key to Mrs. Wealthy’s apartment and hands it to Jack. Homicide on the contrary is when Jane shoots dead Jim who was sent by Jack to kill her. Thus she can also be sued of murder.[footnoteRef:3] [3:
Janjua & Choudhury, R v (1998) CA
]
JACK
1. Bribery.
Jack bribes Jane by buying her off with 500 dollars if she plays along a crime by stealing the key to Mrs. Wealthy’s apartment and giving it to her. I find Jack guilty of this criminal act.
2. Attempted murder
Jack attempts or rather conspires to kill Jane and even sends Jim an ex-convict to go break in to her apartment and kill her. Unfortunately, it turns sour when Jim is caught red handed by Jane and is shot dead by her using her short gun.
3. Fraud
Theft is an all-encompassing term for the illegal acquisition of property with the intent to permanently deprive. Theft can refer to tangible items or effects, such as real estate or a purse, as well as intangible things, such as intellectual property or identity. The difference between theft and burglary is that the perpetrator does not enter a structure illegally with or without the use of force[footnoteRef:4]. Jack attempts many acts of deceit. Bribing Jane is an act of fraud. After been given the key to Mrs. Wealthy’s apartment, he uses it to deceit Mrs. Wealthy and once he is invited to her house, he goes ahead and steals her no limit credit card and bank statement from her purse which is theft by deception. Later on after returning to his gang, they open fraud credit cards registered in Mrs. Wealthy’s name.[footnoteRef:5] [4: 4
Fraud by check, § 18-5-205
] [5: ]
4. Grand larceny
This is the illegally stealing of some extremely large amount of property which is a criminal act that Jack commits. The extortion of all Mrs. Wealthy’s property that is evident by the loss of all her entire wealth and life savings which forced her to move into a homeless shelter.
5. Identity theft
This is just another different form fraud that involves the stealing of the personal data and details of someone purposely to be used to commit fraud. This is shown when Jack is invited to Mrs. Wealthy house only to go into her purse and steal her no limit credit card and bank statement that he uses later on extort all of her wealth and savings.[footnoteRef:6] [6: 5
Identification fraud, 18 U.S.C. § 1028(a)(1)-(6)
]
Mrs. Wealthy
She is the rich tycoon who is stolen or rather whose wealth and property is extorted completely. This traumatizes her so much that she has to quit her rich life in to a poor homeless person which makes her lose her sanity which makes her shoot Jack at the pack when she spots him.
1. Unlawful possession of a handgun Illinois
Ill
A person commits the offense of unlawful possession of firearms or firearm ammunition when: He has been a patient in a mental hospital within the past 5 years and has any fire arms or fire arm ammunition in his possession; or He is mentally retarded and has any fire arms or fire arm ammunition in his possession (Nicholson, 2003). Mrs. Wealthy health life events makes her to lose her sanity and when she spots Jack in the park, since she remembers him quite well, due to the harsh life she is going through, she shoots him with an intention of killing him.
2. Attempted man slaughter
This is the intentional act to kill some one. Mrs. Wealthy attempts to kill Jack when she saw him on the park and she pulled out a gun and shot at him. Though he did not die, she had the intentions to kill him[footnoteRef:7]. [7: 6
Hancock and Shankland, R v (1986) HL
]
These three persons are answerable in a court of law for the crimes that they have committed. All of them have committed crimes for being involved in illegal acts and they deserve to be punished.
Bibliography
Fraud by check, § 18-5-205
Identification fraud, 18 U.S.C. § 1028(a)(1)-(6)
Identity theft, 18 U.S.C. § 1028(a)(7
Hancock and Shankland, R v (1986) HL
R v Connor and Mirza (Conjoined Appeals) [2004] HL
Janjua & Choudhury, R v (1998) CA
CRIMINAL LAW
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CRIMINAL LAW
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