Dippolito Assignment
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School
Ivy Tech Community College, Indianapolis *
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Course
211
Subject
Law
Date
Jan 9, 2024
Type
docx
Pages
2
Uploaded by cesiaeves
1. Why do you think Mrs. Dippolito wasn’t charged with Attempt?
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Criminal Law
describes “attempt” as “trying but failing to commit a crime.” Mrs. Dippolito,
faced no charges of Attempt, as the crime was not carried out. For an Attempt charge, a
defendant must take a substantial step towards committing the crime. Evidence
indicates that she solicited someone to commit the offense but did not actively
participate or plan to participate in the act of murdering her husband herself.
2. Why do you think Mrs. Dippolito wasn’t charged with Conspiracy?
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Criminal law
states, “Conspiracy actus reus consists of two parts: (1) an agreement to
commit a crime… and (2) an overt act in furtherance of the agreement…” Mrs. Dippolito
wasn't charged with conspiracy due to insufficient evidence of active participation or
intent to commit murder collaboratively. While she solicited someone for the offense, the
absence of a concrete act, particularly in an undercover operation where the hitman was
an officer and didn't proceed with obtaining the weapon, influenced the decision.
Prosecutors opted for charges more directly supported by her actions, focusing on
solicitation to commit murder, given the specific circumstances of the case. This strategic
choice was grounded in the evidence of Mrs. Dippolito actively seeking someone to
carry out the offense rather than a broader conspiracy.
3. Why do you think the State chose to charge her with Solicitation?
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Criminal Law
defines “solicitation” as “the crime of trying to get someone else to commit
a crime.” and states “the crime is complete the instant the solicitor communicates the
solicitation to the other person” The state charged Mrs. Dippolito with solicitation
because there is evidence that she actively sought someone to commit the murder of
her husband. Solicitation involves encouraging, advising, or inciting another person to
commit a crime. In this case, Mrs. Dippolito's actions of hiring or attempting to hire
someone to commit the offense would align with the elements of a solicitation charge.
4. Based upon what you watched, when did Mrs. Dippolito commit Solicitation – what
was the first act that she took that rose to the level of solicitation?
Please explain fully.
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The first act that could be considered solicitation is when Mrs. Dippolito asked Mohamed
if he knew someone who would kill her husband after he refused to do so himself. This
action of actively seeking someone to carry out the offense in exchange for payment
constitutes solicitation, as it involves encouraging or inciting another person to commit a
crime.
5. Look back to Chapter 6, pgs. 197-201 at the defense of Entrapment. Can Mrs. Dippolito
argue entrapment? WHY OR WHY NOT?
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Criminal Law
describes the entrapment defense as “government agents getting people
to commit crimes they wouldn’t otherwise commit.” According to the test of entrapment
listed in our book, the defense has to prove the government pressured the defendants to
commit crimes they wouldn’t have committed without the pressure. If it originated with
the defendant, then the government didn’t entrap the defendant. If it originated with the
government, then the government did entrap the defendant. Dippolito cannot use the
entrapment defense because she actively sought someone to commit the offense,
asking for assistance in murdering her husband. Her intent to commit the crime
originated with her, rather than being induced by government pressure, ultimately
weakening the defense of entrapment.
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