Write a 2 page memorandum addressing the questions below.
Before addressing the specific facts, please provide a brief description of general components of a crime (such as mens rea, what is actus reus, etc).
Then, for each of the four potential defendants answer the following:
(a) what crime could he/she be charged with (remember to include inchoate crimes in your discussion);
(b) what is the mens rea required for each crime to be charged (be specific to each defendant and crime);
(c) what is actus reus (be specific to each defendant and crime);
(d) are there any possible defenses like excuses or justifications that might be applicable (be specific to each defendant and crime);
(e) for each defendant be sure to include what the most likely outcome will be.
All the answers are from the following passage:
Mark, Robert, Lisette, and Sandra are friends, and they all just lost their jobs because the company they used to work for closed. They decide that in order to obtain a little money, they will break into the mansion of the McPherson’s, who are a very wealthy family in Miami. Mark has some mental problems, and although he has never even received a traffic ticket in his life, he fears that he will be unable to obtain another job and joins in the plan with his friends.
One night, they all get together and make a plan about how they will proceed. They were able to obtain a floor plan of the McPherson’s home (Lisette was able to hack into the McPherson’s computer and obtain it) and together they make sure they create a “perfect” plan and getaway. They plan to break into the mansion two weeks from that night because the McPherson’s are expected to be out of the home for a planned vacation. A week and a half pass and the friends continue to elaborate on their plan. However, three days before the planned burglary, Lisette decides that she no longer wants to be a part of the crime. She informs all of the other friends of her decision. The three remaining friends decide to continue with the plan anyway.
On the day of the planned burglary, the three friends meet at Mark’s house, Robert tells the other two that he will be taking a gun to the house, just in case there are any unexpected events, although Mark and Sandra think the gun is a bad idea, they do not tell him anything about it. At Mark’s house, the friends got dressed, and put together all of their tools. They waited outside of the mansion and at about 2:00 AM, they got out of the car and proceeded to the inside of the house. Robert used a thin metal tool to open the lock on the front door, and deactivated the alarm, something he knew how to do well. Mark stayed outside as the lookout, and was planned to drive the car for the getaway. So Robert and Sandra proceeded inside the home, and began to put the most expensive things they could find into their big cotton bags. While they were doing this, Robert heard a noise, and took out his gun. Then he saw Sam McPherson, the Father of the family coming down the spiral staircase with a gun in hand, and calling out “who is there?” It turns out that the McPherson family had postponed their vacation due to a family emergency. As Mr. McPherson comes down the stairs, Robert points his gun at the Father of three. Sandra, who just realizes what is going on, screams out “please, don’t shoot Robert!” Robert does not listen, and shoots Mr. McPherson on the head. Sam McPherson dies instantly. Robert and Sandra run away from the scene, and Mark, who has no idea what just happened inside, drives them off. The police later find the three suspects and arrest them. They also subsequently arrest Lissette.
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