Answer the questions in the end of the scenario:
Rob Nogoodson (“Rob”) is competing for the starting quarterback position with Doug Flukie (Doug”) on the Buffalo Nils. Tensions are running high while both try out in front of the coach for the starting job on Sunday. During one of the breaks, Doug says to Rob that he should be careful about what he does, because “family members have a way of disappearing”. Enraged, Rob has decided that he wants to be the starter, no matter what the cost. To that end, he calls his friend Vinny, another quarterback on the New York Underachievers, who did time for murdering his old coach. Rob asks Vinny to help him get Doug “out of the picture”, and if he helps, Rob will make it “worth his while”. Unknown to Rob, Vinny has been put on the Federal payroll since his last conviction, agreeing to ferret out drug use in the sport in exchange for a reduced sentence. Vinny has no intention of helping Rob and writes a note to himself to call the authorities later, but he spills a drink on it, can no longer read the writing, and throws out the note without ever calling the Feds. Vinny’s teammate, Wayne Catchalot (“Wayne”) hears everything, and decides to kill Doug himself and get some quick cash so he can retire. Wayne begins to plan for his assassination of Doug Flukie. Believing that he will need help to pull this off, Wayne goes to the local watering hole to try and enlist some help. After gulping down five shots of vodka in a row, Wayne asks the bartender if he knows anyone he can trust to “do dirty work and keep their mouth shut”. The bartender say nothing, but simply puts a folded magazine in front of Wayne. It is the latest issue of “Guns Galore”, and in the back there is a highlighted advertisement which states “All problems solved permanently for $50.00”. Wayne goes home to call the toll-free number, and gets a message machine from Snake Eyes, the proprietor of Problem Solvers, LLC, stating that “No one is here right now, but you leave your name, number, and who you would like eliminated, I will be sure to get back to you.” Wayne hangs up the phone, afraid to leave this kind of information recorded on a machine. Wayne then proceeds to drink a bottle of vodka and passes out on his sofa. It just so happens, however, that Snake Eyes has caller ID, and he calls back Wayne after seeing his number on his machine. Wayne somehow manages to answer the phone, and in his state tells all to Snake Eyes. They agree to a price of $100.00, due to the high-profile nature of the assassination, and that Snake Eyes will make it look like an accident. Wayne then hangs up the phone and passes out again. When he awakes, he has no recollection whatsoever of the conversation with Snake Eyes.Just before the next game, Doug asks the trainer for a shot of cortisone for his ailing back. Unknown to the trainer, Snake Eyes has replaced the cortisone with insulin, although had the trainer looked at the needle, he would have seen right away that it was not cortisone in the shot. While Doug is sitting on the sidelines, he has a heart attack and dies. Fifteen seconds after he dies, Wayne shoots Doug with a high-powered rifle right between the eyes. Chaos ensues, and Wayne escapes. About fifteen minutes away from the stadium, Wayne runs over a pedestrian while driving to Rob’s house to collect his payment. When he reaches Rob’s house, Rob states that he never wanted Doug dead, just injured, or embarrassed by scandal so he would retire. He refuses to pay Wayne anything. To make matters worse, Wayne has a message on his machine when he gets home from Snake Eyes, stating “mission accomplished – Flukie is Flaked out – permanently. I will stop by tomorrow morning to pick up my $100.00”. When Snake Eyes comes to the door the next day, Wayne explains that he has no idea who he is or what he thinks he did, but there was no way he was going to pay him for anything, since Wayne did all the work himself. Snake Eyes angrily returns to his car, opens the trunk, and pulls out a bazooka. He points it at what he thinks is Wayne’s window, but is the apartment of the Grinch, who is looking after Cindy Lou Who, who is no more than two. Snake Eyes fires his bazooka, and the apartment is destroyed. Max, the Grinch’s dog, pulls the Grinch from the blaze, but Cindy Lou Who perishes in the fire. Crime Dog McGruff finally pieces together all this mayhem and arrests all necessary parties.
Of what crimes are the various actors arguably guilty?
For each crime, be sure to discuss arguments for and against liability, and possible defenses, and the likely outcome of prosecution. Be sure to use relevant class discussion, statutes, and case law throughout your answer.
Answer the questions and support your answer with case and statutory material discussing the purposes and function of law as well as the reasoning for punishment.
What problems are associated with the doctrine and its use by prosecutors, juries, and judges? Should conspirators be liable for substantive acts that they do not personally commit? Compare and contrast the Federal crime versus the requirements in New York State. Which rule is more consistent with traditional notions of culpability? Is conspiracy necessary despite the jurisprudential concerns with the crime?
Explain what, if any impact this class has had on your ideas and understanding of crime and punishment. Have your views of punishment been changed? Have your views of punishment been strengthened? Does our system reach the goals it is designed to obtain? Is there a better alternative? Provide your opinion with reference to relevant course materials which support it.
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