sect11_pros_memo - SECTION 11 IMPOSSIBILITY IVY PROSECUTION...

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S ECTION 11: I MPOSSIBILITY – O CTOBER 12, 2006 I VY P ROSECUTION M EMO I. P RIMARY C ASE IN S ECTION : J OHN H ENRY I VY Legal Analysis/Argument: Charge Prosecution Defense Section 97-1- 7 Attempt to Commit Offense Pg 351 + Murder Objective elements – law o Every person who shall design and endeavor (subj) to commit an offense, and shall do any overt act toward the commission thereof, but shall fail therein o If offense attempt to be committed be capital, punished for not more than 10 years imprisonment. Subjective elements – law o Capital murder (pg 349) o Section 97-3-19 Homicide o When done with deliberate design to effect the death of the person killed o (2) Killing of a human being w/o the authority of law by any means shall be capital murder o (g) Killing of any elected official…with knowledge that the victim was such public official Objective elements - fact o Ivy planned to kill Judge Gardner. That much is absolutely clear. Though the mode of the attempted murder is questionable, his intention was there as well as his follow through. Objective elements – facts o Impossibility defense: o It was inherently impossible for Ivy to commit the crime of murder. o He was going to use an old photo and hair sample from Judge Gardner to send to some remote Jamaican “priestess” to kill Gardner. That is far too remote of a chance. o When is the last time the court recorded a case of death by hex?
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  • Fall '06
  • GROOME,DERMOT
  • criminal law, Smuggling, Judge Gardner

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