Friday, September 14, 2012

United States v. Harper case brief

United States v. Harper: Ds make an ATM machine shut down by using a stolen ATM card to get money and then not remove the cash – knowing this would bring a technician to come fix the problem. They waited in an adjacent parking lot for 45 to 90 minutes for the technician to arrive to fix the machine to rob him. Are they guilty of attempt? The AC revered their attempt conviction b/c the Ds never made a move toward the victim or the bank to accomplish the criminal portion of their intended mission.

Why no Attempt?

      1. Repentance: There was still 45-90 minutes before a tech would come – thus still an opportunity for repentance!

      2. Proof: We can be pretty confident that they were planning to rob the bank. There isn’t much proof, but why else would they do what they were doing?

      3. Any Disadvantages to Waiting? If we wait for the technician to come to see what the Ds will do, we might worry if they had weapons, if the tech would be hurt or shot in the robbery.

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