Lonnie nettles
Criminal Law 290
Instructor: Jill Hudson
Phase V IP
June 22, 2015

THE CRIMINAL ACTS IN THIS SCENARIO ARE AS FOLLOWS:
Criminal conspiracy / Conspiracy to commit a crime: is defined as an agreement between two or more people to commit a crime or to perpetrate an illegal act. Conspiracy crimes that are federal can include conspiracy to engage in criminal activity such as money laundering, conspiracy to violate federal laws, or conspiracy to manufacture drugs or weapons. http://criminal-law.freeadvice.com/criminal-law/criminal- terms. Jane committed this crime when she agreed to accept the five hundred dollars, in exchange for the key. Thinking that Jack was going to commit some sort of crime or / “steal some of her valuables”. For this reason I do think that the woman should be convicted easily of this crime. although the mitigating factor I found should help her during the sentencing phase, and my even provide an adequate defense. Identity Theft: is the crime of obtaining the personal identifying information of another person and using that information to obtain property or information to which he is not entitled, and doing so without the permission of the person whose personal identifying information is used. This is a very rapidly growing area of white collar crime, is international in scope, and is often done with sophisticated computer hacking techniques, but can also be accomplished by simply surfing trash cans. Shredders are good protection against identity theft. Penalties vary from state to state, but many identity theft offenses are felonies which carry state prison http://criminal-law.freeadvice.com/criminal-law/white_collar_crimes/identity_theft.htm
Forgery: A person commits the crime of forgery when, with the intent to defraud, s/he executes, alters or publishes a writing without the owner's knowledge or consent. A person also commits forgery if s/he fraudulently makes a writing and holds it out to be the work of another. The list of what constitutes a "writing" is long, and can include money, coins, credit cards, checks, bank drafts, stock certificates, bonds, wills and deeds. http://criminal-law.freeadvice.com/criminal-law/white_collar_crimes/forgery.htm
Jacks band of criminals who make and cash checks, and make use of other falsified documents are guilty of this even though the crime of larceny was committed when he stole the checks and credit cards, what he does with the spoils is the crime of forgery and identity theft. I don’t see any reason not to charge him with all three.

Burglary: defined as breaking and entering into the dwelling of another at nighttime with the intent to commit a felony. http://criminallaw.freeadvice.com/criminallaw/violent_crimes/burglary.htm
In this case the charge of burglary is given due to the fact that the man that jack hired to kill Jane did break into Jane’s home clearly with the intent to commit a felony. Breaking into a home with the intent to commit a felony is the definition of burglary, and for that reason I feel charging the dead man with burglary should at least help in the woman’s defense.
Larceny: is typically a nonviolent theft involving the wrongful taking and carrying away of someone else’s personal property. While the actions constituting larceny are illegal in all 50 states, the name of the specific criminal charges differs between states. Larceny is also commonly called theft I, theft II, or theft III. And can best be described as the wrongful taking, and carrying away, of the personal property of another person; without his or her consent, with the intent to steal it. http://criminal-law.freeadvice.com/criminal-law/white_collar_crimes/larceny.htm i think that a conviction if sought after for the lesser crime of larceny would be easily obtained. The nonviolent taking of personal property and the carrying away of that property clearly takes place, and a conviction would be easy to get.
Voluntary manslaughter: occurs when one person kills another after adequate provocation, that is, there has been action that was sufficient to incite an ordinary person to sudden and intense passion such that he loses self-control. Although the person may have intended to kill the victim in a voluntary manslaughter situation, it is not voluntary manslaughter if the killing was pre-meditated. http://criminal-law.freeadvice.com/criminal-law/violent_crimes/voluntary_manslaughter.htm
I mentioned the mitigating factors I felt existed in this case in the mitigating or aggravating factors section of this paper. Even though I think the woman is guilty of the crime of Voluntary manslaughter I don’t feel a conviction will be so easily obtained due to the mitigating factor mentioned in mitigating and aggravating factors section.
Attempted Murder: have the specific intent to kill that attempted murder is the failed or aborted attempt to murder another person. Just like other crimes, attempted murder consists of both an action and an intention. In attempted murder, a person must take a direct step towards the killing and must person. One of the direct steps defined by the web site criminaldefenselawyer.com is Breaking-in. For example, unlawfully sneaking into a home, property, or other place where the victim is or thought to be. http://www.criminaldefenselawyer.com/resources/criminal-defense/crime-penalties/charged-attempted-murder.htm
You cannot accidentally commit attempted murder. To be convicted of attempted murder, a prosecutor must show that the accused specifically intended to commit the crime. The prosecutor must not only show that the accused intended to kill, but that the intent was to kill the specific victim. A valid defense for the accused in this case would possibly be Renunciation or withdrawal. Some states allow for a “renunciation” defense, sometimes known as withdrawal. This defense provides that even though the accused committed at least one direct step, the accused later decided not to commit the murder. Unlike showing that the prosecution failed to adequately prove one of the elements, the accused must prove that the crime was abandoned because the defendant intentionally stopped any and all efforts to continue it or took steps to prevent the murder from occurring. http://www.criminaldefenselawyer.com/resources/criminal-defense/crime-penalties/charged-attempted-murder.htm

Mitigating or Aggravating Factors

I. You could make a case for Jane having mitigating factors due to the fact that she is “slow” and my not have fully understood the existent of her actions, or that her action were indeed wrong. II. The fact that the victim in the voluntary manslaughter case was there not to commit just any felony but murder. This could be a mitigating factor for the defendant.