Reference no: EM133300347

Case: Bad Husband Barney repeatedly beat his wife, Viola, who was unemployed, uneducated and did not have any family or close friends. One day he told her, "We are going to rob that liquor store on the corner. I'm going to demand money from the cashier and you are going to drive the car away after I get in with the money." Viola objected but Barney said, "You don't want me to smack you, do you?" Viola said "no" and the two of them drove by the store to check it out. They noted that the cashier worked alone starting at 5pm. Barney said they would "hit the store" the next day after 5pm.

As they were driving back home, a police officer pulled them over because their registration was expired. It turns out that Barney was on probation and hadn't checked in with his probation officer, so he was arrested. Later that day a religious person came to Viola's door and asked her if she had found God. Viola broke down and confessed that she had "gone against God" because she and her husband had planned to steal money from the liquor store, and she described what had happened before the police officer pulled them over.

The religious person reported what Viola said to the police. Barney and Viola were charged with Conspiracy, which in that jurisdiction is defined as, "Two or more people make a plan to commit a crime, and one or more of the people do overt act in furtherance of that plan."

Question 1: Thoroughly analyze Barney's behavior as it might lead or not lead to guilt, including any possible affirmative defenses.

Question 2: Thoroughly analyze Viola's behavior as it might lead or not lead to guilt, including any possible affirmative defenses.