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19. What is the most serious crime of which the man can properly be convicted?
The jurisdiction defines attempt, solicitation, and misprision of a felony as at common law, and also punishes bilateral conspiracies. The crimes below are listed in descending order of seriousness.
State authorities received information that a man had been making threats against his ex-wife. To determine whether the man was serious, an undercover officer introduced himself to the man at a bar. The officer said that he had previously taken care of problems for angry spouses. After some discussion in which the man expressed his extreme anger at his ex-wife, the man offered the officer $5,000 to kill her. The officer agreed and made arrangements to meet the man at the bar the next day to collect the $5,000 payment. When the man showed up the next day at the bar, authorities immediately arrested him.
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A is incorrect. The facts do not show that the man took sufficient steps toward completing a murder. The man did nothing but offer to pay, and this conduct is not «dangerously proximate» to the commission of the offense, as would be required for a conviction for attempted murder.
B is incorrect. The facts do not show the existence of an agreement or a bilateral conspiracy. The man's offer, which was met by the undercover officer's insincere agreement, established only a unilateral conspiracy.
D is incorrect. The question calls for the most serious crime of which the man can be convicted, and solicitation of murder is more serious than misprision of a felony. Additionally, the facts do not establish a misprision. Misprision occurs when a person knows about a felony but fails to inform the authorities about it.