Problem
A local police department receives a tip from an informant that X is planning to enter and start killing teachers, administrators and students at a local high school. The defendant apparently had a "bad experience" at the school and left without graduating two years ago. The informant told the police X had purchased an assault rifle and practiced by shooting at bottles with the names of various school administrators and teachers. The police find Facebook messages left by X praising a school massacre in another state.
X according to the informant has carefully studied the routine of the armed school resource officer to determine the best time and location for a possible armed attack on the school. The police based on this information obtain a search warrant and search X's bedroom at X's home. They find books on school massacres and a notebook which X has titled "Journal of an Active Shooter" detailing X's plans for killing as many people in the school as possible before committing suicide.
X drives up to the school on the anniversary of a well-known school shooting in another state that X hopes to emulate. The police are waiting for X and immediately arrest X as X exits the car. The police in a search of X's car seize a mask, flak jacket, an assault rifle with a full clip of ammunition. X asks the officers, "can't you take a joke. People have no sense of humor these days. I had no intention of shooting anyone."
It late turns out that the assault rifle was defective and could not be fired.
A. Is X guilty of attempted murder under the subjective test? Under the objective test? Explain your answer based on the facts
B. Assume that as X drives up to the school and X is approached by his favorite teacher who mentored and cared about X. The teacher enthusiastically greets X and tells X that the teacher continues to "have high hopes" for X and for X's future. X is emotionally affected by the teacher's excitement and statements and X turns around and drives home. Assuming that X is guilty of an attempt when X approaches the school, would X be successful in the defense of abandonment?
C. Would the fact that the assault rifle unknown to X turns out to be defective would this potentially provide a defense to X if X is charged with attempted murder.