A. Unknown suspects had successfully robbed tellers at various banks in Metropolis and in order to catch the
suspects, police officers set up surveillance at similar banks in the area. While doing so one afternoon, officers
see and vehicle they believe to be casing several banks. They follow the vehicle and see the operator exit the
vehicle and enter a store and while doing so, he clips a scanner onto his belt. The scanner later proved to be
tuned to the frequency that would receive Metropolis uniform patrol transmissions. Shortly thereafter, the driver
parked the vehicle at the rear of one of the banks. Just prior to doing so, he had driven past the front of the
bank and briefly parked in the rear of it. He got out of the car and quickly walked beside the bank toward the
front door. He was wearing a black floor-length jacket while driving and when he walked toward the bank, he
added a black-knit stocking cap pulled down to the top of his sunglasses, black gloves and a red eyepatch. In
addition, his collar was turned up. His right hand was in his pocket and his left hand was in front of his face and
he was ducking his head. When he reached the bank, he had his left hand in his jacket and with his right hand
attempted to open the door, but the bank had just closed and the door was locked. When he realized the bank
was closed and he could not enter, he ran past the bank window with his left hand covering his face to his
vehicle. Police stopped his shortly thereafter and recovered a loaded handgun, the cap, gloves and the
sunglasses. He initially gave a false name and was then charged with Attempted Robbery.
B. John Green meets with Joe Blue and asks him if he knows April Jones and could locate her. Blue says he
will try and find her. Green and Blue meet several weeks later and Green tells Blue that Jones owes him
money and he intends to kidnap her and rape her as a result of her refusing to pay Green the money owed to
him. At that meeting, Green lays out a plan to kidnap her and asks Blue to drive because Green Greensn’t
have a car and Blue agrees to do so. Unbeknownst to Green, Blue was actually an informant and reported
Green’s plans to the police. Green and Blue had several additional conversations in which the plans were
again discussed. Eventually, Green advised Blue he had located Jones and she was working that night and the
two agreed to kidnap her that evening. Green and Blue agreed to meet at a restaurant and Blue notified the
police who fitted him with a “body wire” to record the conversations. The two met at the restaurant and Green
advised that Jones was working as a “go-go” dancer at a club approximately ½ hour away. Blue suggested he
could lure Jones out to his car by offering her some cocaine and Green had with him a drug called “Rush”, a
set of handcuffs made from rope, a rubber ball, and a pocket knife and told Blue that he would be ready in the
back seat and would put the ball in her mouth and hurt her on the head. The two then left the restaurant and
headed towards Blue’s car. As Green was about to climb into the back seat, the police arrested him.
- Your text discusses the defense of “Impossibility”. What specific type of impossibility defense could be
applicable in the first scenario? Is it a valid defense in this case? Why or why not?