Birdsong's Law Blog

BIRDSONG WISHES A HAPPY THANKSGIVING TO ALL OF HIS STUDENTS, COLLEAGUES, FAMILY AND FRIENDS.

COUNT YOUR BLESSINGS AND HUG YOUR LOVED ONES ON THIS THANKSGIVING  2008!

–BIRDSONG

Birdsong  wonders whether there is an end to these weird criminal law stories?  The answer seems to be to be: no!  So enjoy them and get a good laugh.  These stories are all true.

HAVE  A NICE DAY….UNLESS YOU HAVE ALREADY MADE OTHER PLANS

…Think about it.

–Birdsong

Birdsong enjoys presenting these weird but true criminal law stories.  Criminals can be interesting and  stupid at the same time.  Enjoy.

Brighton, England: Adam Hinton, 32, was fined several hundred dollars in mid August 2008, for having loud sex and breaching a noise abatement order.  Neighbors had complained for two years about Hinton, his girlfriend, Kerry Norris and their noisy romps in her apartment.  Now the British court has banned Hinton from going with 100 meters of Norris’s one bedroom apartment.

If the apartment’s a rockin’, seems the British court will come a knockin’.

Queens, NY: Police detectives believe the theft of eight Torahs – worth up to $400,000 – from a Queens synagogue was an inside job.  Bernard New, past president of the synagogue said not only was there no sign of a break in, but the thief had to use four keys to open the ark containing the Torahs,

Birdsong just received the Florida Jury instructions for the inchoate crimes of Attempt, Soliciatation and Conspiracy from Judge Eaton of Seminole county who visited our class last week.  Birdsong strongly “suggests” all members of his Criminal Law class look these  jury instructions over before taking the final exam.  They may help with your studying.

Florida Jury Instructions for the Inchoate Crimes of Attempt, Solicitation and Conspiracy

5.1 ATTEMPT TO COMMIT CRIME

§ 777.04(1), Fla.Stat.

            Use when attempt is charged or is a lesser included offense.

            [To prove the crime of Attempt to Commit (crime charged), the State must prove the following two elements beyond a reasonable doubt:]

            Use when necessary to define “attempt” as an element of another crime (such as felony murder).

            [In order to prove that the defendant attempted to commit the crime of (crime charged), the State must prove the following beyond a reasonable doubt:]

1.                  (Defendant) did some act toward committing the crime of (crime attempted) that went beyond just thinking or talking about it.

2.                  [He] [She] would have committed the crime except that

a.       [someone prevented [him] [her] from committing the crime of (crime charged).]

b.      [[he] [she] failed.]

            Defense. § 777.04(5)(a), Fla.Stat.

            It is not an attempt to commit (crime charged) if the defendant abandoned [his] [her] attempt to commit the offense or otherwise prevented its commission, under circumstances indicating a complete and voluntary renunciation of [his] [her] criminal purpose.