A is a psychic and tarot card reader, whose once-thriving business has suffered recently: an upstart medium, B, has opened a competing shop located a block away from A’s place of business. One day, C, a plumber, comes to A’s shop and says that A’s landlord sent him to inspect the drains. A lets him in, and convinces him to have his fortune read in tarot. A gasps as she flips over cards indicating money, death, and a sudden change of fortune. C then fixes the drain, gives A his business card, and leaves.
The tarot cards convinced A that the fates want her to hire C to murder B and save her business. A sends a letter to C, promising to pay C a few thousand dollars if he kills B. C receives the letter, but the letter is wet and the ink is smudged, making it unreadable.
However, a short time later, A’s tarot readings signal that, if C kills B, then A will get caught soon after. Thus, A goes to C’s home and tells him: “Promise me you will not kill B this month! For now, forget our pact!”
Nevertheless, police learn that A solicited C to kill B. Thus, in this Model Penal Code jurisdiction, A is charged with one count of solicitation to commit homicide.
Assume the prosecution can prove the above facts at trial. Also assume that A does not have a valid defense of diminished capacity or insanity.
- In a Model Penal Code jurisdiction, is A liable for solicitation? Explain, but do not apply the common law and do not analyze any other issue that may be raised by the problem.
In a Model Penal Code jurisdiction, is A liable for solicitation? Explain, but do not apply the common law and do not analyze any other issue that may be raised by the problem.