LEGAL ANALYSIS (Chapter 12: Criminal Law)

Book used is The Study of Law: A Critical Thinking Approach I have the PDF file if needed

Jimmy Jones and his best friend, Bobby Smith, are both 20-year-old high

school dropouts. They have held several part-time jobs in the past but are currently

unemployed.

Last Saturday night Jimmy and Bobby, along with their friend Doris, were

restless with nothing to do. Bobby then had a brainstorm, and what started out as a

frolic has since ended in a nightmare for Jimmy.

For "fun" and money the three decided to hold up the local convenience store.

Doris volunteered the information that the only person on duty at that time of night

would be an elderly gentleman who would give them no trouble. Shortly before

leaving for the store Doris had a change of heart and told the other two that she

would not be coming along.

Neither Jimmy nor Bobby owns a gun. Unbeknown to Jimmy, Bobby decided

to take along his kid brother's very realistic looking water pistol. When they got to

the store, no customers were present. Jimmy and Bobby went up to the counter and

demanded that the clerk hand over the money in the cash register. When the clerk

simply stared at them, Bobby pulled out the water pistol, which had been concealed

under his jacket. He said, "Hand over the money, old man, or I'll spray you with

acid." Actually, the gun only had water in it. The clerk, who was an elderly,

overweight man, began to perspire and shake. He placed the money on the counter.

Then he suddenly clutched his chest and fell to the floor. Bobby grabbed the money

and ran from the store.

Although very frightened by the turn of events Jimmy decided to stay and try to

help the clerk. He called the police, telling them to send an ambulance right away.

When the police arrived, Jimmy turned himself in. Unfortunately, on his way to the

hospital the store clerk die

study the Illinois Robbery and Armed Robbery statutes the Model Penal Code statute on Criminal Homicide Finally, use the following provision from the Model Penal Code governing liability of accessories.

Section 2.06 Liability for Conduct of Another; Complicity

(2) A person is legally accountable for the conduct of another person when: . . .

(c) he is an accomplice of such other person in the commission of the offense.

(3) A person is an accomplice of another person in the commission of an offense if:

(a) with the purpose of promoting or facilitating the commission of the offense, he

(i) solicits such other person to commit it; or

(ii) aids or agrees or attempts to aid such other person in planning or committing it;

Assume that all of the actions took place in a jurisdiction with statutes identical to these.

Break each of these statutes down into their elements.Decide for each of the two main characters, Jimmy and Bobby, whether their facts coupled with the statutory elements give rise to any issues.Finally, analyze discussing what crimes you think the state will charge Jimmy and Bobby with committing.For each crime, be sure to include the arguments that you think the prosecution would make for finding them guilty and the arguments the defense attorneys would make for finding them not guilty

NOTE:You do not have to discuss every crime, only those that you think are likely to be charged by the prosecution.For example, there is nothing in our facts suggesting that either Jimmy or Bobby assisted the store clerk with committing suicide.Therefore, you would not include a discussion of Section 210.5 in your analysis.