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2. If charged with attempted murder of the bank president, the teller should be found
A bank teller was fired by the president of a bank. The teller wanted to take revenge against the president, but decided against attempting it personally, because he knew the president was protected around the clock by bank security guards. The teller knew that a man had a violent temper and was very jealous. The teller falsely told the man that the man's wife was having an affair with the bank president. Enraged, the man said, «What am I going to do?» The teller said, «If it were my wife, I'd just march into his office and blow his brains out.» The man grabbed a revolver and rushed to the bank. He walked into the bank, carrying the gun in his hand. One of the security guards, believing a holdup was about to occur, shot and killed the man.
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B is incorrect. A charge of attempt requires that the defendant have the intent that the crime be committed; extreme recklessness is insufficient.
C is incorrect. It misstates the requirements for «substantial step» and although the man failed to murder the president, the steps the teller took in his attempt to murder the president were «substantial» and could have resulted in the murder of the president. Even if it were factually impossible for the man to murder the president, factual impossibility is not a defense to a charge of attempt, and the teller would still be convicted of attempted murder.
D is incorrect. An accessory can be guilty of a higher crime than the principal.