People v. Gentry

As you read Gentry consider the following questions:

1. What crime was Gentry charged with? What are the facts? What is the source of the evidence at trial? Is Ruby Hill’s testimony believable?

2. If Ruby Hill had died, what crime would Gentry have been charged with? What are the possible theories about his mental state (Intent to kill? Intent to inflict great bodily harm? Depraved indifference? Recklessness? Negligence?) Under the definition of murder under Illinois law given by the trial court, which of those theories could have led to a murder conviction?

3. How did the trial court instruct the jury on the mens rea for attempted murder? What was wrong about that charge?

4. What is the mens rea for attempt generally? Under the NYPL? Under the MPC?

5. Consider the following cases we have already read and imagine that the defendant engaged in the same act, but harm did not occur. What attempt crime, if any, would the defendant be guilty of?

• Forrest (first-degree murder): What if Forrest’s father had survived?
• Heidgen(depraved murder): What if everyone in the limo had survived?
• Williams (negligent homicide): What if the baby had survived?
• Girouard (heat of passion manslaughter): What if Joyce had survived?
• Drug dealing: The mens rea for most drug crimes is knowledge. What if the D is interrupted just before he is about to receive the drugs from the drug dealer?
• Fuller (felony murder): What if the victim/driver had survived?
• Garnett (statutory rape): What if Garnett was interrupted just before he was about to have sex with Erica?