EXTREMELY TRICKY MBE BAR EXAM QUESTION
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Poast new message in this thread
Date: October 2nd, 2015 2:04 PM Author: Disturbing brunch
Darlene knew that Drake hated Drew. Darlene gave Drake a gun and told him to shoot and kill Drew. Darlene knew that the gun was unloaded. Thereafter, Drake approached Drew, pointed gun at him, and pulled trigger. The gun did not discharge because it was unloaded.
Most accurate statement of Darlene and Drake's criminal liablity is:
A. Darlene and Drake are both guilty of attempted murder.
B. Drake is guilty of attempted murder, and Darlene is guilty of solicitation.
C Darlene is guilty of attempted murder, and Drake is guilty of solicitation.
D. Drake is guilty attempted murder, and Darlene is not guilty of solicitation.
(http://www.autoadmit.com/thread.php?thread_id=3006894&forum_id=2#28884765)
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Date: October 2nd, 2015 3:07 PM Author: Dull office really tough guy
It doesn't matter if she knows the gun is unloaded. She doesn't know if the guy she's giving it to has bullets. Or whether he'll just pistol whip the guy to death. If I tell you to kill someone, that's solicitation. I could hand you a cherry blossom and tell you to kill my wife. If I intend for you to do it, that's solicitation.
The fact that the gun is unloaded does not help Darlene. The gun only hurts Darlene's case. a) because it goes to show the seriousness of her intent and b) could be considered payment for the act which goes to show the seriousness of her encouragement.
(http://www.autoadmit.com/thread.php?thread_id=3006894&forum_id=2#28885170)
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Date: October 8th, 2015 4:29 PM Author: chocolate thriller piazza kitty cat
c
Darlene solicited Drew to commit a crime of at least assault. Drew didn't know the gun was unloaded and tried to shoot so attempted murder.
EDIT: B why the fuck do they use the same first letter names
(http://www.autoadmit.com/thread.php?thread_id=3006894&forum_id=2#28927928) |
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