Legislative enactment of the attempt statute
- In the Capstone Case of Tennessee v. Reeves, Tracie Reeves and Molly Coffman, both twelve years of age and students at West Carroll Middle School, spoke on the telephone and decided to kill their homeroom teacher, Janice Geiger. The girls agreed that Coffman would bring rat poison to school the following day so that it could be placed in Geiger’s drink. The girls also agreed that they would thereafter steal Geiger’s car and drive to the Smoky Mountains. Reeves then contacted Dean Foutch, a local high school student, informed him of the plan, and asked him to drive Geiger’s car. Foutch refused this request. Reeves and Coffman were found to be delinquent by a Juvenile Court based on a conviction of attempt to commit second-degree murder. The question is whether the students engaged in enough activity to constitute an attempt offense. Did you find enough evidence that the girls had taken a substantial step toward the commission of a targeted offense?
- What test does the court establish for Tennessee to determine if a substantial step has been taken?
- Do you find that the court, in using common law rules of construction, modifies the legislative enactment of the attempt statute?
- Read and compare the court’s opinion in United States v. Gladish, 536 F.3d 646 (7th Cir. 2008), involving an alleged attempt to have sexual conduct with a minor. What factors did the court consider in determining whether Gladish engaged in a substantial step toward sexual activity with a minor?
- In the Capstone Case of Tennessee v. Reeves, Tracie Reeves and Molly Coffman, both twelve years of age and students at West Carroll Middle School, spoke on the telephone and decided to kill their homeroom teacher, Janice Geiger. The girls agreed that Coffman would bring rat poison to school the following day so that it could be placed in Geiger’s drink. The girls also agreed that they would thereafter steal Geiger’s car and drive to the Smoky Mountains. Reeves then contacted Dean Foutch, a local high school student, informed him of the plan, and asked him to drive Geiger’s car. Foutch refused this request. Reeves and Coffman were found to be delinquent by a Juvenile Court based on a conviction of attempt to commit second-degree murder. The question is whether the students engaged in enough activity to constitute an attempt offense. Did you find enough evidence that the girls had taken a substantial step toward the commission of a targeted offense?
- What test does the court establish for Tennessee to determine if a substantial step has been taken?
- Do you find that the court, in using common law rules of construction, modifies the legislative enactment of the attempt statute?
- Read and compare the court’s opinion in United States v. Gladish, 536 F.3d 646 (7th Cir. 2008), involving an alleged attempt to have sexual conduct with a minor. What factors did the court consider in determining whether Gladish engaged in a substantial step toward sexual activity with a minor?
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