Inflatable Justice Playthings

For your reading enjoyment: Yesterday's CrimLaw hypos (we're covering inchoate crimes, a.k.a. attempts):

Hypo 1: Prof CrimLaw has "an anatomically correct, life-size, inflatable Justice Clarence Thomas plaything." It's so real that if you saw it, you'd think it really was the Justice. Prof CivPro doesn't like Justice Thomas, so when Prof CivPro sees the plaything, he pulls out a gun and shoots it through the heart. Is Prof CivPro guilty of attempted murder under the MPC (Model Penal Code)?

(Answer: Probably, because he had the requisite intent. See MPC 5.01.)

Hypo 2: Prof CrimLaw has the same "anatomically correct, life-size, inflatable Justice Clarence Thomas plaything," but he tells Prof CivPro it's not a plaything, it's actually an authentic Voodoo relic. Prof CrimLaw further explains that if a person were to stick 20 needles into the relic, the real Justice Clarence Thomas would die. Prof CrimLaw leaves the room, and when he returns, he finds Prof CivPro inserting the twentieth needle into the "anatomically correct, life-size, inflatable Justice Clarence Thomas relic." Is Prof CivPro guilty of attempted murder under the MPC?

(Answer: Probably, but see MPC 5.05(2), Mitigation.)

I think Prof CrimLaw just enjoyed saying "anatomically correct, life-size, inflatable Justice Clarence Thomas plaything." Try it; it's fun.

Posted November 12, 2003 06:12 AM | law school