Memo for Mr. Assin

Question description

You are asked to attend a meeting
between your firm’s new client, Mr. Assin, and the senior criminal practice
attorney, Attorney Chatham. Mr. Assin was recently arrested and has retained
the firm’s services to represent him. Attorney Chatham asks Mr. Assin to begin
by detailing exactly what happened. Mr. Assin gave the following account:
I was sitting in a restaurant, and a
woman walked over to me and sat down. She said her name was Sally. She asked if
I was available, and she winked at me. I’ve been single for 2 years, so I
answered yes, I was available, and I winked back. The waiter came, and she
ordered a dry martini with three olives. I said I would have the same. Before
the drinks came, she said she needed to visit the powder room, and when she got
up to leave, she slid an envelope under my water glass. The next thing I knew,
I was being arrested, and now I’m here. I’m telling you, I didn’t do anything
wrong!
The police were following Sally,
whom they previously identified as seeking to hire someone to murder her
husband. She met an undercover police officer in an Internet chat room and
offered him $5,000 to kill her husband. They arranged to meet at the restaurant
for the exchange of money. Sally was supposed to meet the undercover police
officer, whom she never saw before, at the restaurant and ask if he was
available and wink. The undercover officer was supposed to say that yes, he was
available and wink back at her. She would then order a dry martini with three
olives, and the undercover officer would order the same thing. Sally did not
know that she picked the wrong man at the restaurant, and instead of giving the
money to the undercover officer, she gave the money to Mr. Assin.
You own a private investigation firm
that specializes in conducting retained or court-appointed criminal
investigations for criminal defense attorneys like the one who represents Mr.
Assin. This is the first time that you have worked for this attorney, so you
want to show him that you know the law and the criminal justice field. You
assure Mr. Assin and the attorney that your information will be accurately
assessed with the explanation of the events which occurred as outlined above.
Your job is to conduct an independent criminal assessment of what happened to
Mr. Assin, based upon the facts outlined above, and provide the attorney with
your analysis of the case against Mr. Assin.
The attorney asks you to make sure
that you address the following areas of concern and what other information that
you feel pertains to the case in a document of 2–3 pages:
Explain
the elements of murder, including what is required to convict someone of
attempt to commit murder.Explain
whether Mr. Assin is guilty of attempted murder of Sally’s husband.Explain
why he has or has not committed the crime. You will want to discuss
whether the defendant took any steps toward the completion of the act and
the implications if he did or did not take those steps.Robbery
is classified as both a property crime and a crime of violence. How would
Mr. Assin’s crime be classified? Mr. Assin was asked to kill someone for
money. If he was guilty of this crime, then would it be classified as a
property crime or a violent crime?Define
violent crime and property crime. Provide 1 example for
each.Based
upon your opinion, reading assignments, and research, which type of crime
is more serious? Are property crimes more serious than violent crimes?
Explain and support your position.