I have a weird mind. I frequently think up scenarios, or premises with possible chains-of-events attached, about topics I find interesting. Law is one of them. Most of the time I file them away, occasionally sketching out plot outlines of stories I never get around to writing. Sometimes, the scenarios present me with problems I cannot solve. So, without further ado, two legal problems for the legally trained and/or talented here to attack.
[ul]
[li] 1. A serial killer decides to target crack cocaine users in a specific area. So he sells rocks of a rather insidious, fast-acting poison as crack to anyone who will buy. If the serial killer makes his first ‘deal’ to an undercover cop, what will he be charged with? Assume the would-be killer has no controlled substances on him (the toxin is something like rat poison, perfectly legal) and has not actually killed anyone yet.[/li][li] 2. Timothy McVeigh’s bomb didn’t go off, and is discovered by police. What would Tim be charged with, once he is caught? Is placing a non-functional bomb in a public place a crime all its own, or is it attempted homicide? Attempted homicide of who, exactly (does that crime need a specific victim)?[/li][/ul]
As you can see, my mind works in mysterious ways. I hope these problems can be solved by the great minds at the SDMB.
IANAL but I was a cop once.
Scenario 1: This one’s a little too farfetched to take much of a stab at it. It would depend quite a bit on the attitude of the arresting authority after they discover that the substance in question is not cocaine. It is quite conceivable that no charges would be filed if the police get no indication of the “master plan”.
Scenario 2: The governments position is that McVeigh was part of a conspiracy, so that in itself could carry a slew of potential charges. In addition, it is a violation of US federal law to plant a terrorist device. Detonating one is another charge altogether. Possession and deployment of improvised explosives was enough on its own to put him away for a long time, even if they had failed to explode. Even if he had never got around to coming here with the explosives, had the government gotten wind of the plan, he would probably have been charged with the conspiracy.
I’m assuming that the authorities are aware of the full facts.
First, as you probably know, there is a principal in law known as “attempt.” It is generally a crime to “attempt” to commit a crime, and the potential punishment can be very severe.
A person can typically be charged with “attempt” even if their attempt fails miserably. (There are limits, though. For example, if you try to kill somebody using a voodoo doll, you probably cannot be charged with attempted murder.)
I believe that in most jurisdictions, attempt does not require that a specific victim be identified, although the criminal must take significant steps towards completion of the crime. For example, if a bunch of guys decide to rob a bank, and they are caught driving around town in a van full of guns and ski-masks, looking for a ripe target, in many jurisdictions they could be charged with attempted robbery.
Second, there may be more specific charges available. For example, I would not be surprised to learn that planting a non-functioning bomb on federal property is a crime in and of itself. Also, I would not be surprised to learn that selling non-drugs as drugs is a crime; or that possessing poisonous substances with intent to harm human beings is a crime.
Finally, note that if either of your two criminals was acting in concert with others, they could potentially be charged with “conspiracy.”
(Standard disclaimer about legal advice)
I should add to my last post that IIRC, there is some disagreement among authorities over how far one has to go before one is guilty of an attempted crime.
(standard disclaimer about legal advice)
Legally trained but not practicing and very rusty but…
Number One - as far as the charge is concerned (the tarif for killing a cop would normally be higher), the employment of the victim is irrelevant. All the required elements are present for a charge of murder.
Number Two - Attempted murder (whether it comes under a section of the criminal code specifically intended to deal with, for example, terrorism, bombing, conspiracy to any of the aforementioned is relevant but the essential features are the same). The indictment would fill out the details of the charge: ‘Attempted murder of unknown individuals at…on…by means of…’
But I am rusty.
Illinois, and presumably other states, have provisions in their criminal codes that prohibit the sale of “counterfeit” and “look-alike” substances. Those provisions might apply in the case described in the OP.
Just so everyone knows, I’m not asking legal advice. I’m just posing hypothetical legal problems I’ve been mulling over for a while.
Just so everyone is clear on that.