Your firm represents Jimmy Jones. He and his best friend, Bobby Smith, are both 20-year-old high school
Question:
Your firm represents Jimmy Jones. He 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 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. Unbeknownst to Jimmy, Bobby decided to take along his kid brothers very realistic-looking water pistol. When they got to the store, no customers were present. Jimmy and Bobby went to the counter and demanded 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 conceled 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 event, 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 died.
a. With what crimes do you think Bobby could be charged?
b. What would be the major weakness in the prosecution's case?
c. Do you think Doris could be convicted of any crimes? If so, which ones?
d. What about Jimmy?
Expert Answer:
a Bobby could be charged with armed robbery assault with a deadly weapon and possibly felony ... View the full answer
