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You are a paralegal in the prosecutor’s office. As a paralegal, you interview witnesses and prepare a legal analysis that your supervising attorney can use to make an initial assessment of the case. Your analysis focuses on two main points:1) the most likely arguments that the defense counsel will use to defend the case and 2) an objective analysis of whether the defendant can be convicted of crimes. You are asked to prepare an analysis of the following criminal case against Dave.
During a major snow storm, Bob and Dave are hanging out at Dave’s house, smoking marijuana, when Bob asks Dave to go buy some crystal methamphetamine as he needs a better high. Dave just laughs and says he doesn’t feel like it.
Bob persists in engaging Dave. Bob suggests they watch Breaking Bad DVDs, but Dave states he has already watched the series and it would be boring. Bob then states, "we should go to Wal-Mart and steal some new movies". Dave is not interested in stealing, as he is already on probation. Bob pulls out a gun and threatens Dave with the gun. Dave tells Bob that he is not afraid of him or the gun because he knows that Bob will not shoot him. Dave, however, was not sure if Bob would shoot him. Therefore, he told Bob that he would steal the movies.
Please prepare a legal analysis that adheres to the following requirements
Identifies the inchoate crime that Dave may have committed.
Discusses the most likely arguments that the defense counsel will use to argue that the Dave is not guilty of the identified inchoate crime.
Makes a conclusion on whether the defendant can be convicted of any inchoate crimes. This conclusion must be reasoned and based solely on the facts that are presented in this learning activity.
Does not exceed one page.
You are a paralegal in the prosecutor’s office. As a paralegal, you interview witnesses and prepare a legal analysis that your supervising attorney can use to make an initial assessment of the case.