law12 test (in progress) help!

[sNyx]

i'll explain later..

bonnie and clyde armed with guns enter a bank at noon. they took all of the money from the safe and when one of the tellers resisted clyde shot and killed him. what crime(s) should clyde be conviced of? what crime(s) should bonnie be convicted of?

[sNyx]

liz had beaten gary in an arm wrestling contest, so gary was mad. gary pushed her and then hit her twice. liz beat up and put him in the hospital with a broken arm, four broken ribs and numerous brusies. are ether of them guilty of a crime? explain fully.

[djmarkpaul]

question #1 - Clyde: culpable homicide (first degree murder), armed robbery; Bonnie: armed robbery; - These are all indictable offences.

question #2 - Gary: guilty of assault (level 1); Liz can walk more than likely, if she were guilty it sounds like assualt causing bodily harm.

We're both taking law!

[junglequeen]

liz can plead self defence or that she was provoked
gary charged with assault

[djmarkpaul]

^ C'mon give him some credit he probably knew that...but then he did ask for law help on fnk...whahahahaha.

[sNyx]

SHITE!! I totally forgot about culpable/non-culpable, dang wish you were like 5mins quicker on that reply. Would have saved me a crap load of marks. meh, thanks guys anyway for the help.

It was a makeup for missing the test friday, and my teacher stuck me in an empty room FULL of computers. HELLO!?

the rest writes itself.

[AGROculture]

Both Bonnie & Clyde should be charged with
First Degree murder
Armed Robbery

It doesn't matter if Bonnie shot him or not. She is just as guilty in the eyes of the law

[Magi]

Originally posted by sNyx™
It was a makeup for missing the test friday, and my teacher stuck me in an empty room FULL of computers. HELLO!?

ROFL that's awesome :D :D

[miss.myra]

Originally posted by AGROculture
Both Bonnie & Clyde should be charged with
First Degree murder
Armed Robbery

It doesn't matter if Bonnie shot him or not. She is just as guilty in the eyes of the law

A decent defense lawyer could argue she's only guilty of aiding and abetting, or possibly accessory after the fact depending on what the circumstances were (this aside from the obvious robbery charge). She could have very well only been part of the conspiracy to 'rob' the bank (technically, it's only robbery if some kind of assault had actually occured), but it may have not been her intention to harm or kill anyone. Clyde is only guilty because he pulled the trigger. In the case that there had actually been a joint conspiracy to commit murder against the bank employee, then you'd be right.

[djmarkpaul]

^Good on you Myra, I was just about to type the same thing, however you have your definition of robbery a bit off. It's true that assault while theft is considered a robbery, but it is not mandatory for the charge. It may also be robbery if the acused is armed with an offensive weapon or even an imitation of a weapon. That is all.

[miss.myra]

Arming oneself with a weapon with the intention to intimidate and commit theft is considered assault, though :p ...even if it is never used.

[miss.myra]

P.S.- Bonnie and Clyde would have NOTHING if McCoy was on the case

BOOYAH!

[Dean]

hahahhaa thats the stupidest teacher ever

[djmarkpaul]

Originally posted by miss.myra
Arming oneself with a weapon with the intention to intimidate and commit theft is considered assault, though :p ...even if it is never used.

No, when mixed with theft it's considered robbery. Level 1 assault is the threat of or physical contact without consent or approaching or blocking a person while openly carrying a real or imitation weapon.

[brokencrayon]

Originally posted by sNyx™
i'll explain later..

bonnie and clyde armed with guns enter a bank at noon. they took all of the money from the safe and when one of the tellers resisted clyde shot and killed him. what crime(s) should clyde be conviced of? what crime(s) should bonnie be convicted of?

im going to be taking law 12 next semester (february). any words of advice?i hear its super duper hard but reading those questions it doesn't seem all that bad... just curious wat im getting myself into hehe.

[bebu*funfun]

hahahahahaha myles this is too funny. room full of computers. hilarious.

[MuG]

haha myles
irving stuck you in liem's room?
that bastard.

[Joanne]

did you guys know that a husband cannot be convicted of conspiracy with his wife and vice versa because historically, husband and wife have been treated as "one flesh". I don't know if this law has changed recently... but it was in effect at least last year when I took criminal law. so technically, if bonnie and clyde happened to get married before the robbery, conspiracy would not be one of the things you could charge them with. something interesting I thought I would just add..



anywaaaays.... for whether bonnie would be charged with first degree, a prosecutor would have to prove whether or not she saw murder was a probable consequence of carrying out the robbery in order to convice her of a murder charge.

as for gary, he'd be charged with assault.
liz however, could claim self defence by proving that she caused the bodily harm under reasonable apprehension of death or grevious bodily harm, and believed on reasonable and probable grounds that she could not otherwise prevent herself from that harm without doing what she did.

--Joanne :P

[inkster]

Originally posted by sNyx™
i'll explain later..

what crime(s) should bonnie be convicted of?

intellectual dishonesty.

[Hot Karl]

snyx is guilty of 2 counts of cheating.

but this post will delete itself i'm sure

[meth0dical]

law was TOOOOO easy. btw thats weak on the cheating...

[sNyx]

shatup, pretty much I did the test (and I will post about my perfect B later) cheating owns.. cheating using a computer is even better! post delete itself?! omg, I sure hope my teacher doesnt read this.. :hehe:

but yeah, bonnie would be convicted of 2nd degree murder, as she didnt plan to kill the bank clerk, but her friend did in the act so she would to be convicted of the same offence. just a lesser sentance.