Type of paper: Essay

Topic: Crime, Criminal Justice, Defendant, Women, Court, Supreme Court, Present, Actus Reus

Pages: 3

Words: 825

Published: 2020/12/07

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List the various tests for the actus reus of attempt that the court discusses. The state court or trial court denied the defendants attempts to say that the court made an error in upholding the motion that the defendant was guilty of attempted second degree criminal sexual conduct with a minor. They felt the actus reus or criminal act was present. The court used the substantial step test backed by various cases to prove its case.
. What test, if any, does the court seem to suggest for adoption in South Carolina? The state was told that it is difficult to determine if the act was criminal in many situations because there is no definitive rule as to what makes up a overt act so the facts of the case needed to be relied upon.
What actions did the defendant commit towards completing the crime? The state upheld that the accused not only made plans to meet with the fictitious underage girl thinking she was real but also drove to the arranged meeting place with intentions of meeting and having sex with the girl.
Did the defendant cross the line between preparation and attempt? Explain. The state concluded that when the defendant drove to the arranged meeting place this was crossing the line between preparation and attempt.

(1.) When it comes to the police the officers involved set up a scenario to catch predatory adults attempting to meet and have sex with young girls (minors). The police in this case felt that the actus reus was present in the situation as the defendant made it clear in the chat he intended to have sex with the girl knowing she was 14. (2.) The police determined that the act was in fact criminal by letting the man ask in the chat what he was looking for. (3.) The defendant clearly indicated he wanted to have sex with the girl and arranged a place to meet. The defendant engaged in sexual conversation with the young girl asking repeatedly what they would do when they met up and then suggesting they have sex or whatever she wanted. (4.) The defendant crossed the line between preparation and attempt in the eyes of the police when he drove to the spot he told the girl he would pick her up at.

Reid

(1.) Reid contended that there was not sufficient evidence to prove that he had the actus reus to engage in sexual relations with the young girl. He said that the state failed to prove that there was an overt act which is required for the charges. (2.) Further he felt that the tests given did not prove that his act was in fact a criminal one since he never met up with the girl. (3.) Reid contends that although he was guilty of chatting with a young girl him showing up was not an action to complete the crime because he never met with the girl or had sex. (4.) He did not feel that he crossed the line between preparation and attempt because he never followed through or physically touched the girl.

Supreme Court

(1.) The Supreme Court agreed with the state court that actus reus was present and that Reid intended to commit a criminal act. Since a jury was present they contended that the motion to dismiss was denied and the there was enough evidence for the charges. (2.) The Supreme Court held that the tests given were valid and evidences enough to pursue the charges. (3.) The actions committed by the defendant from the chat room to the attempt to meet with the girl were evidence that the defendant intended on committing the crime. (4.) The defendant crossed the line between preparation and attempt when he showed up to the location provided to pick up what he thought was a minor for sex.

Jury

(1).The jury present for the initial charges found the defendant guilty therefore they were in agreement that the actus reus was present and the defendant had the intention of committing a criminal act. (2.) The jury was in agreement with the test presented and concurred that there was evidence as a result. (3.) The jury was in agreement that the defendant took actions in the chatroom and when he drove to the scene to commit a crime aware of his decision to have sex with a minor. (4.) The jury concluded that the defendant crossed the line between preparation and attempt when the defendant arrived at the place he had made prior arrangements to meet with the made up girl and at the time he had arranged.

Other jurisdictions

(1.) Most of the other jurisdictions that have dealt with similar cases have concluded that arranging to meet with someone through chat and then going to the arranged place qualify as an overt act making the actus reus present. (2.) In similar cases in most other jurisdictions the same test would be used to show that an overt act was in fact present at the time. (3.) Other jurisdictions in majority would agree that the actions in the chatroom as well as driving to the scene constitute as an overt act. Other jurisdictions would most likely agree that the line of preparation and attempt was crossed when the defendant drove to the prearranged meeting place.

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WePapers. (2020, December, 07) Police Essay Samples. Retrieved August 05, 2021, from https://www.wepapers.com/samples/police-essay-samples/
"Police Essay Samples." WePapers, 07 Dec. 2020, https://www.wepapers.com/samples/police-essay-samples/. Accessed 05 August 2021.
WePapers. 2020. Police Essay Samples., viewed August 05 2021, <https://www.wepapers.com/samples/police-essay-samples/>
WePapers. Police Essay Samples. [Internet]. December 2020. [Accessed August 05, 2021]. Available from: https://www.wepapers.com/samples/police-essay-samples/
"Police Essay Samples." WePapers, Dec 07, 2020. Accessed August 05, 2021. https://www.wepapers.com/samples/police-essay-samples/
WePapers. 2020. "Police Essay Samples." Free Essay Examples - WePapers.com. Retrieved August 05, 2021. (https://www.wepapers.com/samples/police-essay-samples/).
"Police Essay Samples," Free Essay Examples - WePapers.com, 07-Dec-2020. [Online]. Available: https://www.wepapers.com/samples/police-essay-samples/. [Accessed: 05-Aug-2021].
Police Essay Samples. Free Essay Examples - WePapers.com. https://www.wepapers.com/samples/police-essay-samples/. Published Dec 07, 2020. Accessed August 05, 2021.
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