Discussion

Description:  It is important to appreciate the difference between when a party is criminally liable for someone else’s conduct, known as complicity, and when the relationship between two parties makes one party criminally liable for another party’s conduct, known as vicarious liability. It is also important to understand common law and modern terminology related to parties to a crime, including principals, accessories, and accomplices  The purpose of this discussion is to help you gain a better appreciation of the difference between complicity and vicarious liability and understand common law and modern terminology related to parties to a crime  To complete the discussion you will do the following  Read the below case facts that you will analyze for your initial response  After reading the facts, respond to the questions that follow and post this as your initial response  In your responses to at least two other classmates, you may agree or disagree with their initial responses, but in all cases, make sure to explain your responses and incorporate course concepts related to the topics for this discussion Case Facts: Last night, at just before 10:00 p.m., Arnold and Abbie stopped at Lucky’s Liquor to pick up some beer. Arnold had promised Abbie he would take her to a party at the local park. Arnold was carrying a concealed handgun that Arnold and Abbie had stolen from the nightstand next to Abbie’s parent’s bed. Arnold was afraid he was going to run into Butch, who had threatened to break Arnold’s legs if he did not repay $100 that Arnold owed Butch. Arnold wanted to make sure he could scare Butch away if needed. Arnold entered Lucky’s Liquor alone. Once inside the store, Arnold realized he did not have enough money to purchase two cases of beer, so he picked up the beer and pointed the gun at Tully, the only other person in the store and also the clerk of the store. Arnold said to Tully, “I’m broke, so I’m not paying for the beer, as I need it for a party. Don’t try anything to stop me or you could get hurt.” Tully responded, “Not only won’t I try to stop you, but I would like to go with you to the party. I hate this job and don’t care who robs the store. Anyways, it’s time for the store to close.” Arnold figured why not and told Tully he could come with them. Tully locked up Lucky’s Liquor and Arnold, Abbie, and Tully proceeded to the park and the party. After arriving at the party, Arnold and Abbie drank the beer that Arnold had taken and by midnight, they were pretty drunk. There were four other people at the party including Rhonda, Abbie’s friend, who helped herself to the beer that Arnold brought, although she didn’t know that Arnold had not paid for the beer. Tully did not have a drink. Tom, Tricia, and Sam drank their own beer. Tully and Rhonda became quite romantic and left in Rhonda’s car at about 11:45 p.m. About midnight, Butch showed up and started harassing Arnold for payment of the $100. Butch came at Arnold with a baseball bat and took a swing at Arnold’s legs. Fearful that he could be seriously harmed, Arnold took out the handgun and shot Butch in the head. All of the remaining party-goers scattered and left except for Arnold and Abbie. Abbie was afraid that Butch might die, so she called 911 and reported the shooting, but would not give Arnold’s or Butch’s names. Angry that Abbie had called 911, Arnold beat Abbie’s face and stomach until she fell to the ground next to Butch. Arnold took off in his car. When the police arrived, Butch was dead and Abby was near death. Questions: 1. Assume that you are the state prosecutor, and you have decided to charge Arnold as principal in the first degree for the murder of Butch. Using both common law and modern terminology as described in your  textbook: (a) discuss other persons you plan to charge as a principal, accomplice, or accessory to the murder crime; (b) give each person you plan to charge a title – principal of some degree, accomplice, or accessory of some degree; and (c) justify your response by using course concepts. Include any other assumptions you have made in your response. 2. Explain whether Lucky’s Liquor should be held vicariously liable for the murder of Butch 

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