Question
What is your opinion on my response below on the following case? Expand on my ideas, or disagree with my conclusion.Thanks! FACTS: Roy (16) and
What is your opinion on my response below on the following case? Expand on my ideas, or disagree with my conclusion.Thanks!
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
My response:
Johnny: Johnny is guiltyof -A.R.S. 13-1902 Robbery.Johnny is an accomplice to the crime as he was involved before and during the crime. He was there during the initial thought and plan to commit the crime. He also was the getaway driver which is a direct action of assisting the offender. I believe Johnny will be charged with four out of the five charges. The Robbery of the teller, Robbery of the customer, Accessory to robbery and Accessory to murder. I feel since Johnny wasn't the one who pulled the trigger killing the cop, he should be charged with being an accessories as he was driving he helped Roy cause this crime. Johnny is the definition of robbery as he and Roy immediate Dixie somewhat to coerce surrender of propertytousing force against her.
Roy's Mom:
Under what theories of liability will you proceedagainst. Under no theory of liability, I feel Roy's Mom should not be charged with anything as she did not know anything about the crime beforehand or after She was only mentioned in the beginning. She should not be responsible for any of the five charges listed.
Dixie:Under the theory of accomplice liability and the mere presence rule. I will proceed against as guilty of the five charges listed.As the prosecutor I feel like getting true justice is the point of the criminal justice system and I feel that Dixie if charged should be charged with Accessory to robbery. I feel Dixie will be charged with one out of the five charges listed. She was guilty of coerce the boy's idea of committing the crime. She also was guilty of assisting the boy's by letting them use her car as they stated that they were going to commit the crime. They came to her after they did the crime not once but twice with all the listing facts it looks like she is an accessory to the robbery.
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