Exam 14: Preparatory Offenses and Organized Criminal Activity

Police arrest Sam on an outstanding traffic warrant.Sam is a previously convicted burglar.While inventorying Sam's property at the jail booking desk,officers discover that Sam is in possession of a set of lock picks.Sam's possession of the lock picks is NOT an offense because the lock picks have a legitimate use and no evidence exists at this time that Sam has the ________ to use the picks in the commission of a burglary.

Under Texas law,to convict an individual of the offense of engaging in organized crime,it must be established that the individual worked together with others as part of a ________ in order to profit from the commission of certain felonies.

Jason and three friends are playing poker.Jason believes one of the friends,Brett,is cheating.Jason draws a pistol and begins chasing Brett around the room,firing several shots in his direction.None of the shots hit Brett.Neighbors hearing the noise contact the police.When the police arrive,Jason is out of ammunition and Brett is terrified.Jason has committed:

George,a locksmith,is always inventing usual devices.He invents a small machine that will open a combination lock without knowing the combination.This machine is useful to locksmiths but could also be used by safecrackers.Texas law does not consider George's invention to constitute a criminal instrument because the device has a ________.

Texas law contains several statutes directed toward punishing organized criminal activity.One such statute creates a separate felony offense for individuals who work together to profit from a variety of serious felonies.This statute,titled "engaging in organized crime," focuses on "criminal combinations." Such a "criminal combination" requires:

Vito is the leader of a group of thugs who are involved in a wide range of criminal activity ranging from drug sales to trafficking in stolen goods.One day,Vito tells gang member Michael,"Our rival gang is bringing in a load of cocaine tonight.I want you and the other boys to go steal it.Don't get anyone hurt." In response to Vito's directions Michael,Tom,and Sonny lay a trap for the rival gang.When the rival gang members show up with the cocaine,Michael,Tom,and Sonny surprise them.Without warning,Sonny starts shooting.He kills each of the rival gang members.The three depart with the cocaine.When they report back to Vito he says,"I told you not to hurt anyone." Relative to the murder of the rival gang members:

Rachel asks her brother Carl,"Will you do something for me?" "Anything for you dear sister," Carl responds.Rachel says,"I want you to kill a co-worker of mine so I can take her job." "No way am I killing anybody!" Carl responds."In that case,I will find someone else to handle the job," says Rachel.Concerned that Rachel will indeed find someone to carry out her plan,Carl reports the conversation to the police.Rachel has committed:

Ralph is suffering from significant financial problems.To try and obtain cash,Ralph decides to burglarize the local fast food restaurant where he previously worked.Ralph knows that the owner only takes the restaurant's receipts to the bank every few days,often leaving several hundred dollars overnight in the cash register.So,late one night Ralph dresses in dark clothing and drives to the closed restaurant.He exits his car carrying a flashlight and prybar.Upon approaching the back door of the restaurant Ralph says to himself,"What am I doing? I'm no thief." He abandons his plan and returns to his car and drives back home.However,the next morning the restaurant owner views the previous night's video surveillance tape and observes Ralph's conduct.The owner reports the incident to the police.Ralph is subsequently arrested and charged with criminal attempt (burglary).Which of the following legal defenses might Ralph reasonably raise at his trial?

A defendant may not be convicted of criminal solicitation on the uncorroborated testimony of the party solicited unless other evidence strongly corroborates both the solicitation and the defendant's intent.

A homemade key used by a thief to open vending machines is an example of a criminal instrument.

Carlos decides to steal an expensive Italian sports car.He breaks into the vehicle but is unable to start the vehicle due to its high tech ignition disabling system.In fact,once the system initiates,the true owner cannot even start the vehicle with the key.Despite Carlos's efforts he is unable to steal the car.Carlos can NOT be convicted of attempted theft because it was physically impossible for him or anyone else to actually steal the automobile.

Barry is driving while intoxicated.His vehicle is weaving from one side of the street to the other.As he approaches Main Street,the traffic signal turns red.John begins to cross the street.Barry,oblivious to the red signal,drives into the intersection.John sees the vehicle and jumps out of the way,just in time to avoid any injury.Barry has committed: