When the economy went into recession, Defendant’s business went into decline. She lamented her losses to her brother, who, as she knew, was involved in criminal activity. He told her that
Answer the following two essay questions
1). When the economy went into recession, Defendant’s business went into decline. She lamented her losses to her brother, who, as she knew, was involved in criminal activity. He told her that he could take care of the problem. She acknowledged that she would appreciate his help. Defendant acted surprised when police arrived at her home a few days later to tell her that her business had burned down. She was stunned to learn that one of her employees died in the fire. Evidence led back to her brother, who told the police the foregoing facts. The prosecutor hopes to secure Defendant’s conviction on multiple charges. Is the evidence sufficient to support Defendant’s conviction for murder, arson, conspiracy to commit murder, and the conspiracy to commit arson? If so, can the judge sentence Defendant to consecutive sentences, for example, on the arson and conspiracy to commit arson charges?
2). Defendant was a prisoner in a state that has adopted the Model Penal Code. For some time, he planned an escape from the jail where he was incarcerated. He amassed several tools to affect his escape by cutting through a fence and began assembling a dummy to put in his bed so that guards would not notice his absence for several hours. A few days before Defendant planned to escape, a fellow inmate got caught with wire cutters. At that point, Defendant destroyed the dummy that he has assembled and threw away the tools that he had secured. When guards found the tools, they began an investigation that led to the discovery of the foregoing facts. Based on those facts, is there sufficient evidence to charge Defendant with attempted prison escape and, if so, does Defendant have a defense to that charge?
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