Calling all lawyers for homework help

[NeverEndingUpgrade]

Here is a hypothetical case I have to analyze for a legal systems class:

Alan wins tickets for the 2011 Super Bowl from a radio contest. Tom and Kim want the tickets, and they decide to steal them from Alan. They hide behind a tree in the parking lot late at night as Alan is walking to his car after work. Alan had picked up the tickets earlier that and had them in his pocket. Kim and Tom jump Alan. While Kim holds Alan down, instead of grabbing the tickets, Tom grabs his pocket knife and slits Adam''s throat thinking that Alan was about to get loose and harm Tom and/or Kim. Kim and Tom leave the tickets and run to their cars and leave Alan to die.

The assignment is to determine what charges can be brought against Kim. Am I on the right track with "The charges that can be brought against Kay are attempted theft and voluntary manslaughter." Does negligence figure in as a separate charge? Is it theft or robbery? Is it voluntary manslaughter or murder? Accomplice or not? Battery? Assault and battery? Thanks in advance!

 

[Irishgrrrl]

Disclaimer: I'm not a lawyer, I'm a paralegal.

I'm thinking Kim could probably be charged with first-degree murder, since the murder occurred during the commission of another felony (the robbery). The charge might not stick, since Kim isn't the one who actually killed the guy. BUT, your assignment is asking what Kim could be charged with (not what she's likely to be convicted of), so . . .

ETA: Attempted robbery should definitely be in there, as well as assault and battery, IMO. Maybe a criminal conspiracy charge of some sort, since she conspired with Tom to do this?

 

[NeverEndingUpgrade]

Date: 4/1/2010 11:42:34 PM
Author: Irishgrrrl
Disclaimer: I''m not a lawyer, I''m a paralegal.

I''m thinking Kim could probably be charged with first-degree murder, since the murder occurred during the commission of another felony (the robbery). The charge might not stick, since Kim isn''t the one who actually killed the guy. BUT, your assignment is asking what Kim could be charged with (not what she''s likely to be convicted of), so . . .

ETA: Attempted robbery should definitely be in there, as well as assault and battery, IMO. Maybe a criminal conspiracy charge of some sort, since she conspired with Tom to do this?

OK, thanks. I am also getting hung up between theft and robbery.

 

[Irishgrrrl]

Date: 4/1/2010 11:47:37 PM
Author: NeverEndingUpgrade

Date: 4/1/2010 11:42:34 PM
Author: Irishgrrrl
Disclaimer: I''m not a lawyer, I''m a paralegal.

I''m thinking Kim could probably be charged with first-degree murder, since the murder occurred during the commission of another felony (the robbery). The charge might not stick, since Kim isn''t the one who actually killed the guy. BUT, your assignment is asking what Kim could be charged with (not what she''s likely to be convicted of), so . . .

ETA: Attempted robbery should definitely be in there, as well as assault and battery, IMO. Maybe a criminal conspiracy charge of some sort, since she conspired with Tom to do this?

OK, thanks. I am also getting hung up between theft and robbery.

I''d have to say robbery, since they physically ROBBED him. I think theft is more like, for example, if they took the tickets out of his desk drawer at work while he wasn''t around or something to that effect.

 

[NeverEndingUpgrade]

Got it, thanks!!!!!

 

[Irishgrrrl]

No problem! Good luck!

 

[Karl_K]

robbery + first degree murder and some throw away charges.
The felony robbery charge sets up the first degree murder charge rather than manslaughter.

The accomplice is eligible for the same charges as the one that killed him.
The only difference is that in most states that have a death penalty Tom could get death where the max Kim could get is life without parole.

 

[NeverEndingUpgrade]

Thnx Karl!!! Would the throwaway charges have anything to do with negligence or assault/battery? I like your avatar, BTW.

 

[diane5006]

Interesting...(not a lawyer)

Unless Alan actually dies...can''t be murder only attempted...assault/battery...

If he does murder...(felony Murder...in some states)...because of the robbery...both Tom and Kim...special circ...lying in wait

 

[lucyandroger]

NeverEndingUpgrade,

This is a pretty typical criminal law issue-spotter. As with all issue-spotters, there are no right and wrong answers. Instead, your professor wants you to spot the issues and discuss the different possibilites. I went through and did a quick mark up of where different charges come up and what issues would need to be discussed. I certainly haven''t caught everything. Good luck!

Alan wins tickets for the 2011 Super Bowl from a radio contest. Tom and Kim want the tickets, and they decide to steal them from Alan. [Discuss intent – required for larceny; Discuss first element of conspiracy - agreement] They hide behind a tree in the parking lot late at night as Alan is walking to his car after work. Alan had picked up the tickets earlier that and had them in his pocket. Kim and Tom jump Alan. [Discuss elements of battery; Discuss elements of robbery; Discuss requirement that step be taken toward commission of the crime for conspiracy] While Kim holds Alan down [Discuss causal relationship between Kim’s action & the murder], instead of grabbing the tickets, Tom grabs his pocket knife and slits Adam''s throat thinking that Alan was about to get loose and harm Tom and/or Kim. [Discuss whether in furtherance of the conspiracy & foreseeable – required for conspiracy; Discuss use of self-defense – can’t b/c Tom was original aggressor] Kim and Tom leave the tickets [Discuss element of larceny that item must be carried away] and run to their cars and leave Alan to die. [Discuss felony murder; Discuss required elements of attempt; Discuss all the possibilities of accomplice liability (including whether Kim had intent to assist in the murder)– principal in the second degree; accessory before the fact, accessory after the fact]

 

[Karl_K]

Date: 4/2/2010 10:31:12 AM
Author: NeverEndingUpgrade
Thnx Karl!!! Would the throwaway charges have anything to do with negligence or assault/battery? I like your avatar, BTW.

the throw aways would be lesser included offenses like assault, battery with a weapon, maybe some conspiracy charges but not likely.
It would likely just be tried as accomplices rather than a conspiracy.
Prosecutors like the sound of the news saying Tim the murderer of Alan was charged with 15 counts, his accomplice Kim was charged with 14 counts including first degree murder blah blah blha.....

fyi I''m not a lawyer it is just a hobby studying this stuff.

 

[Mrs Mitchell]

NeverEndingUpgrade, good luck with this. I can't help because I have no idea what would happen in the US.

Just out of interest, if they were in Scotland, they'd both be charged with murder, as they were acting in concert. They showed a reckless indifference to whether he lived or died, so even if they didn't intend to kill him, if he dies it will be a murder charge. If he doesn't die it will be attempted murder. They'd also both be charged with attempted robbery.

So, if you're a lawyer and you don't live in the same place as me or the OP, just out of interest, what would the answer be for you?