Alex and Betty had faced many struggles in their lives and started to numb their pain by using opiates.
Alex and Betty had faced many struggles in their lives and started to numb their pain by using opiates. It didn’t take long for their opiate use to develop into serious addictions. In order to sustain their habits, they needed money. One day, they developed a plan that they thought would help them to get their hands on lots of cash
Alex knew that a 7-11 store in the neighborhood kept $3,000 of cash in an unlocked drawer near the cash register. He suggested to Betty that they go into the 7-11 store pretending to be customers. Then, Alex suggested, Betty would distract the store clerk by flirting with him while Alex secretly opened the drawer and took the cash. Betty thought this sounded like a good idea and agreed to go along with Alex’s plan.
They went to the 7-11 and walked inside. However, their plan didn’t work as well as they had hoped. Betty tried to distract the store clerk, but he was not interested and continued to watch Alex. Betty gave up and left the store. Frustrated that his plan had failed, Alex pushed the clerk onto the floor and demanded the money. The store clerk was able to grab for a gun that he kept behind the counter, and he used it to shoot Alex in order to stop the robbery by injuring Alex.
The bullet hit Alex in the leg. Although the store clerk had no way of knowing this, Alex had a blood-clotting disorder. Due to this disorder, the bullet wound to the leg caused an unusual amount of bleeding. Alex bled to death before the ambulance could get him to the hospital.
Where not otherwise specified, assume that you are in a jurisdiction that follows the common law rules we have learned, except that for burglary the jurisdiction follows California law. Please discuss the following:
1. Is Betty guilty of Conspiracy to Commit Burglary?
2. Is Betty guilty of burglary or attempted burglary?
3. Assuming Betty and Alex entered into a conspiracy, is Betty guilty of robbery or attempted robbery under the Pinkerton doctrine?
4. Assume that Alex was the son of an influential leader in this jurisdiction, and public pressure led to the store clerk being charged with second degree murder for killing Alex. Assume that the prosecution has been able to satisfy the actus reus and causation requirements for the homicide charge, and that they have established malice. What defenses or partial defenses should the defense raise, and what is the likelihood that the store clerk would be convicted of second degree murder?
Please analyze each question as thoroughly as possible. In addition, please also list a general step-by-step skeleton for how to address the crimes and elements of each question in an legal essay IRAC format.
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