Criminal Law: Inchoate Crimes
A man and his brother-in-law root for opposing sports teams that are part of a heated rivalry. While watching the teams play each other for the last spot in the playoffs that season, the men began to argue about which team was better. The man argued that his team was better because it has won more championships in total. The brother-in-law argued that his team was currently better because it has won more championships in recent years. The men continued to argue through the majority of the game. When the man’s team was in the lead with only a few minutes remaining, he began to gloat. However, with only a few seconds left, the brother-in-law’s team scored to clinch the game and the seat in the playoffs. Infuriated, the man grabbed a gun from under the sofa cushion, aimed it at his brother-in-law, and pulled the trigger. However, the man was unaware that his wife had replaced the regular bullets with blanks. The brother-in-law was unharmed.
If charged with attempted murder, can the man be convicted?
A: Yes, because he took a substantial step.
B: Yes, because he acted recklessly.
C: No, because the defense of factual impossibility applies.
D: No, because he acted under adequate provocation.
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