Bar Exam (US) Criminal Law: Thad and Jeremie were dealers at Harrah’s casino in Atlantic City. T...

Question

Thad and Jeremie were dealers at Harrah's casino in Atlantic City. They had been employed by the hotel for four years. One day they were unexpectedly fired by the casino's new manager, Donovan. Apparently, the hotel management hired Donovan to get rid of some of the old-time employees and replace them with new personnel at a lower wage scale. Angered by their firing, Thad and Jeremie vowed to "get back" at the hotel.

As their revenge, they decided to plant a bomb in the hotel and demand $1,000,000. After receiving the money, they would then reveal the location of the bomb and provide details for defusing it. Thad and Jeremie both agreed that Harrah's should be given adequate warning so that nobody would be injured.

In accordance with their plan, Thad, who was an electronics expert, built the bomb by himself. He alone then drove to the hotel where he placed the bomb in a hallway closet. Shortly thereafter, Jeremie telephoned the hotel and made a demand for the money. He said a bomb was in the hotel and that it would explode in 24 hours unless the money was paid. The hotel treated Jeremie's demand as a crank call and refused to make any payment.

With their plans having gone awry, Thad and Jeremie agreed that Thad should return to the hotel and defuse the bomb. As Thad was driving back to the hotel, the bomb exploded, killing thirty people. A subsequent investigation revealed that a faulty wire caused the bomb to detonate prematurely. A New Jersey statute provides that detonating or attempting to detonate a bomb or explosive device in or near a building or dwelling is a felony.

If Thad and Jeremie are charged with violating the aforementioned New Jersey bombing statute, which of the following statements is correct?

AnswerChoose the correct answer.Choose all that apply. Correct Partially correct Incorrect Don't Know

  1. A
    Correct Answer
    Both are guilty, since each participated in the planning of the crime.
  2. B
    Correct Answer
    Thad is guilty since he built and transported the bomb, but Jeremie is not guilty because his telephone call was not a "substantial step" in the furtherance of the crime.
  3. C
    Correct Answer
    Neither is guilty, because the hotel's gross negligence in failing to heed the telephone warning constituted an independent intervening cause of the explosion.
  4. D
    Correct Answer
    Neither is guilty, because neither intended for anyone to be killed as the bomb exploded prematurely.
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