Question
I'm to reply to the response in the following case. Ask questions, expand on your friends ideas, or disagree with their conclusions.Each reply must contain
I'm to reply to the response in the following case. Ask questions, expand on your friends ideas, or disagree with their conclusions.Each reply must contain at least one relevant case from the textbook to support your comments.
FACTS:
Roy (16) and Johnny (20) were friends.They stayed up all night at Roy's house watching aCSImarathon on the local cable station.When Roy's mom roused them in the morning, the guys joked about how easy it would be to rob a convenience store.After Roy's mom left for work, Roy and Johnny went over to a neighbor, Dixie, and asked to borrow her car.When Dixie asked what they wanted it for, Roy said, "to rob a store, what else?"Dixie laughed and then offered to make Roy and Johnny a pancake breakfast.She said, "you boys are going to need your strength."As Dixie manned the griddle, Roy and Johnny boasted about how they would never get caught like the fools onCSI.At one point, Dixie chimed in, "you guys are crazy, but if you really need my car, here are the keys."Roy and Johnny downed their pancakes, grabbed her keys, and left. Soon, Dixie started to worry.She called the police and told them that Roy and Johnny were going to rob a store.She described her car, but Dixie did not know the name of the intended store.
In route to the store, Johnny gave Roy his loaded .357 revolver for use "just in case." Once they arrived, Johnny waited in the car while Roy entered the Quik Trip.Roy pointed the gun at the clerk's head and demanded all the money in the register ($500).He also pointed a gun at a customer and robbed him of $200.As Roy was leaving the store, he shot and killed a police officer who had responded to the store's silent alarm.
Roy and Johnny first drove to the Rampart Hospital Emergency Room where Dixie worked.They gave her a plastic bag with all the money in it and asked her to bring it home with her after work.She asked them where they got it, but they told her it was from the casino."You guys are crazy," said Dixie.She then promised to bring it home later that night after she got off work.Johnny and Roy then drove around the rest of the day until Dixie got off work.Then they drove back to Dixie's house to return her keys.She gave them some bottled water and told them to leave out the back door.When they did, the police were there and apprehended them.Roy was charged as an adult.The prosecutor also plansto go afterJohnny,Dixie, and Roy's mom.She wants to charge those threewith the following crimes:
- Robbery of theteller
- Robbery of the customer
- Murder of the police officer
- Accessory to robbery
- Accessory to murder
Question:You are the prosecutor.Under what theories of liability will you proceed against Johnny, Roy's Mom, and Dixie?Do not discuss Roy.What will be the likely outcome at trial? Justify your answers, using the text and cases from the book.Please post your word count at the end of your posting.
Also consider the elements of the following statutory references here in Arizona:
-A.R.S. 13-1104 Second degree murder- without premeditation, (1) The person intentionally causes the death of another person; (2) Knowing that the person's conduct will cause death or serious physical injury, the person causes the death of another person; or (3) Under circumstances manifesting extreme indifference to human life, the person recklessly engages in conduct that creates a grave risk of death and thereby causes the death of another person.
-A.R.S. 13-1902 Robbery- A person commits robbery if in the course of taking any property of another from his person or immediate presence and against his will, such person threatens or uses force against any person with intent either to coerce surrender of property or to prevent resistance to such person taking or retaining property.
Friend's Response:
First things first. Roys mom is mostly innocent. She had no clue of the crime, and believed them to be joking. If anything the only suspicious thing about the two is the age gap. However, I could see her charged with conspiracy. She was present when the two made their plans and jokes, yet did nothing to stop it. I believe though she can get away with this as she was too busy getting ready for work. The issue is she was not in agreement, nor had any part of the plan. In United States V Brown. In this case it shows how the slightest evidence of people cooperating can be conspiracy. They need to cooperate, partake in planning, and be present during the crime. She was only apart of one of these factors for a brief moment. This would make it so she is not liable.
Johnny was an accomplice, but there is an issue. He supplied a revolver, and acts as a driver. This makes him eligible to be an accessory before the fact (Supplying the gun) and a principal in the second degree. Best I could do here was Ulvien V State. In this case David Hoffman murders his wife, and his mother helps him cover it up. The mother was charged with accessory to first degree murder in the end.
Last but not least, Dixie. Dixie supplied the car, but called the cops and warned them about what happened. She also received the goods after the crime as well. She knew they were planning on robbing a place, yet still gave them her keys. The main issue is that she was an accomplice before and after the fact. Not during. Best I could come up with here was State V Walden. This case a mother was found guilty of assault, due to not taking action while present.
So in the end my standings are the following.
Roy's mom; Innocent at best. At worse she can be tried for conspiracy. Due to knowing the boys were planning on robbing the quick trip, yet thinking they were joking.
Johnny; guilty, and at worse can be tried for the same crimes as Roy. At best he can hope for being an accomplice
Dixie; She's complicated, as she is there for the entire crime just not the act. Possession of stolen goods, aiding and abetting, are the worse that can happen to her. At best she can hope to be tried as an accomplice.
My Reply: ???
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