Gary, a cashier working at Wally World (a local discount center), died his hair green for Halloween.

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Question:

Gary, a cashier working at Wally World (a local discount center), died his hair green for Halloween. Customer Del entered Wally World, selected his purchase--some dynamite--and was about to check out. Gary, following Wally World's policy and state law, asked Del to show two pieces of identification. Del, not having any identification on him at the time, became quite agitated. He began screaming at Gary, "You green-haired Martian, you and your kind should just go back to the planet you came from." Del began pounding on the counter and flailing his arms about. When Gary offered to get his manager Del became even more angered and screamed that "all aliens like Gary were a menace to society" and that "the voices are right! I should just blow you all up."

Many of the other customers were getting uncomfortable about D's temper and irrationality, and they started moving to other lanes. Some were pointing at Gary and snickering at him because of his green hair. Others were about to jump in and restrain Del.

1. (20 points) Del is charged with violating a hate statute that states, "Any person who, motivated by another's national origin or physical appearance or perceived national origin or physical appearance, causes a disturbance in a public place shall be guilty of a Class A misdemeanor." What constitutional challenges can Del make against the statute?

2. (10 points) Responding to the disturbance at Wally World, the police arrest Gary because of a state statute that states, "No green-haired person may work at any occupation in which he or she is serving the public." What constitutional challenge can Gary make to this statute?

Assume that the Wally World customers were able to quiet Del down and he left the store without anyone's having called the police. Later that evening, Del's "voices" began

again, telling Del to "kill the green-hairs, kill the green-hairs." Del accordingly got four sticks of dynamite that he had lying around, went to Wally World and placed the dynamite in a dumpster in front of the store. He then went home expecting the dynamite to self-combust and kill Gary and all his green-haired alien friends.

3. (20 points)At this point, has Del committed an attempted assault/attempted homicide of any type? Analyze all approaches. (Assume that homicide is the intentional killing of another.}

Alternative Scenario 1:

Assume the dynamite did NOT self-combust. Instead, Saul, a smoker, throws his recently extinguished cigarette into the dumpster as he is about to enter Wally World. [He knows nothing about the dynamite] After some time, the heat from the cigarette causes the dynamite to explode, and Wally World is blown to smithereens.

(1)A person commits the crime of arson in the first degree if:(a)By starting a fire or causing an explosion, the person intentionally damages:(A)Protected property of another;(B)Any property, whether the property of the person or the property of another person, and such act recklessly places another person in danger of physical injury or protected property of another in danger of damage

4. (10 points) Analyze Del's liability for the destruction of Wally World.

5.. Analyze Saul's criminal liability. (10 points)

Alternative Scenario 2:

A maintenance worker finds the dynamite before it explodes. He notifies the police and the Wally World management. The store is quickly evacuated, and people are directed to leave the store and parking lot.

Gary's co-worker, Hugh, and Gary get into Gary's car to drive away. Hugh urges Gary to "Go! Go! Fast! We don't want to get killed!" Gary, distraught from his earlier encounter with Del and the news of the dynamite, throws his car into gear, and drives through the parking lot at speeds up to 25 miles an hour. He runs over Vic in the parking lot injuring her.

6. (10 points) Analyze Gary's criminal mens rea.

7. (10) Analyze Hugh's liability as either a co-conspirator or accomplice.

Extra Credit

Alternative Scenario 3:

Assume Del places the dynamite in the dumpster and begins to drive home. On his

way, he sees a bus of people being taken to the local jail and frantically drives back to Wally World to take the dynamite out of the dumpster. As he turns the corner to pull into the parking lot, the dynamite explodes and blows up Wally World.

8. (5 points) Discuss whether or not Del can claim Voluntary Abandonment/Renunciation.