PHILOSOPHY OF LAW
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HAND-OUTS
SPRING 2003


ATTEMPTS


Philosophy of Law
Philosophy 22B (Legal Studies)
Professor Andreas Teuber
Spring 2003

1. The Bust of Sherlock Holmes

In the Sherlock Holmes story The Adventure of the Empty House, Holmes is stalked by Colonel Sebastian Moran. In order to lure his opponent from the bush, Holmes commissions an eminent sculptor to create a wax likeness of his head. The "bait" is placed in the window of Holmes' Baker Street house and is periodically turned to create the impression of movement. In due course, Colonel Moran appears in an alley across the street and takes aim at "Sherlock Holmes" with his high-powered rifle. He fires and the bullet strikes the sculpture "plumb in the middle of the back of the head and smack through the 'brain.'" Moran is immediately captured and admits that his intent to murder Holmes has been foiled. As the arresting officer is leading Moran away, Holmes asks the Inspector, "What charge do you prefer?" Inspector Lestrade replies, "Why, of course, the attempted murder of Sherlock Holmes?" Can Moran be convicted of the attempted murder of Sherlock Holmes if he shoots at an object that he believes to be Holmes, but that turns out to be a dummy?

2. People v. Jaffe (New York Court of Appeals, 1906)

Jaffe bought what he thought were stolen goods from an undercover policeofficer. The undercover agent who sold Jaffe the goods told Jaffe that the goods were stolen and Jaffe believed, at the time that he purchased the good from the undercover agent, that he was buying stolen goods. The goods, however, were not stolen. Since the goods were not stolen, Jaffe could not be charged with buying stolen goods. Instead he was charged with attempting to buy stolen goods. Would you find him guilty?

3. The Case of the Stuffed Deer

A Missouri hunter shoots a "deer" that turns out to be a stuffed carcass set up by park rangers to catch poachers. Can the hunter be convicted of attempting to take a deer out of season? 4. Lady Eldon's Fancy Lace Lady Eldon travels to Paris from London to purchase some fine French lace. On her return to England Lady Eldon tries to smuggle the lace past the customs inspector. The inspector discovers it, and the embarrassed Lady Eldon confesses her "crime," admitting that she knew that such fine lace was subject to an import duty. But upon closer examination it turns out that it was the Lord who had been cheated, not the customs authorities: the lace was not French at all, but a cheap English imitation and not subject to duty. Surely Lady Eldon cannot be convicted for smuggliing, but is she guilty of a smuggling attempt?

5. State v. Wilson (Mississippi, 1905)

Wilson received a check for $2.50. The upper right hand corner of the check read "2 50/100." The body of the check read "Two dollars and fifty cents." The top of the check read "Ten dollars or less." Not thinking too clearly, Wilson put a "1" in front of the "2 50/100," hoping to cash the check for "$12.50." When he went to the bank to cash the check, he was arrested. He was not, however, charged with committing check forgery since check forgery requires an alteration of a material part of the check. The number on a check itself is considered to be immaterial. Where there is a discrepancy between the words and the number on a check, the words control. He was therefore charged instead with attempting to commit check forgery. If you were the judge, would you find him guilty or not guilty?

6. The Case of the Missing Target

A woman shoots into a bed in the room in which her two-timing husband usually sleeps, but fortuitously, her husband was sleeping elsewhere in the house, on the sofa in the children's nursery. Is the woman guilty of attempted murder?

7. Victor Sticks It to "Esmerelda"

Victor is unhappily married to Esmerelda. Indeed, Victor so dislikes Esmerelda that he has on more than one occasion thought of killing her. Victor was raised on a small Caribbean Island and, as a young boy, was initiated into the black-magic cults of the native peoples. Victor still believes in the power of voodoo. One day, when he feels he can stand his wife no longer, he retires to his basement workshop, where he has, over the years, collected the accoutrements of the black arts. Carefully he prepares a tiny doll-like replica of Esmerelda. When the doll is finished, Victor takes a deep breath and, with shaking hands and a look of hatred and determination, viciously and repeatedly stabs the doll with a set of "magic" needles. Exhausted by his work, Victor collapses. When he wakes up, he is overcome with remorse. He is disgusted by what he has done. He leaves his workshop and rushes to the local police station, where he turns himself in, believing with all sincerity that he has murdered his wife. The police send someone to the house where Esmerelda is discovered in bed with what appears to be severe stomach cramps. Esmerelda recovers in a few days. Clearly, Victor has not murdered her, but is he guilty of attempted murder?

8. Commonwealth v. Dunaway (from the 1894 ed. of The Digest of Criminal Law)

Dunaway was charged with attempting to rape and engage in incestuous relations with his own daughter. His wife turned him in to the police after she witnessed his advances. At the trial, however, it was revealed that the girl was actually Dunaway's step-daughter. The law in the county of Wessex where he was charged requires that the parties be blood-related if they are to be found guilty of incest. Dunaway, however, did not know this; he believed that his attempts to have sexual relations with his stepdaughter were an effort to have incestuous relations. Is Dunaway guilty of attempting to commit incest?

9. The Aborted Abortion Attempt

A man agrees to perform an illegal abortion on a female undercover police officer who is not, in fact, pregnant. The man is convicted of attempting to perform an abortion. He appeals on the ground that it was impossible to perform an abortion on a woman who was not pregnant. If you were the appeals court judge, would you overturn this man's conviction?

10. People v. Dlugash (New York Court of Appeals, 1977)

A few days before Christmas, Bush, Geller, and Dlugash go out for drinks. Dlugash and Bush are friends. Bush has been staying at Geller's New York apartment and Geller asks him, several times during the course of the evening for $100 that he says Bush owes in back rent. Bush does not comply with Geller's request. Indeed at one point he turns to Geller and says "Unless you shut up, I'm going to put a bullet through that thick skull of yours." Around midnight all three go to Geller's apartment where they continue their drinking until approximately 3:30 in the morning. When Geller asks again for his rent money, Bush pulls a .38 caliber pistol and shoots Bush three times. Two of the bullets hit Geller squarely in the chest, piercing his heart. A few minutes later Bush tells Dlugash to fire some extra bullets into Geller's body. Dlugash takes out his own .25 caliber pistol, walks over to Geller, who is lying on the floor, and fires five bullets into his head and face. Later, Dlugash says that by the time he fired the shots "it looked like Mike Geller was already dead." An autopsy later reveals that Geller was almost certainly dead when he was shot by Dlugash. Surely, Dlugash is not guilty of murder if Geller was dead when he shot him, but is Dlugash guilty of attempted murder?


Prepared: February 4, 2003 - 5:02:29 PM
Edited and Updated, February 5, 2003

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