Short writing assignment
Subject: Criminal Justice
Bob and John enter a party store with the intent to rob. Bob pulls a handgun and points it at the clerk demanding all the money or he will shoot. The clerk is fumbling to open the register. Bob is clearly frustrated with the clerk, so he shoots his gun into the ceiling as a definite warning he will shoot the clerk if the clerk doesn’t hurry up. The clerk fearing for his life, reaches under the counter, pulls out his legal handgun and begins shooting in self defense. In doing so, the clerk has shot and killed John, and shot and killed a customer who was also 9 months pregnant and walked into the store just as the shooting started. The pregnant customer was due to delivery her baby any day now; the baby died too. The only shot Bob fired was into the ceiling. Bob was arrest by police as he was fleeing the scene.
What criminal charges should Bob face? Explain your reasoning.
What criminal charges should the clerk face, if any? Explain your reasoning.
—this is more type of your own opinion
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Name
Date
Crime has evolved over time. The laws which define a criminal act have been modified and what seems like a crime to the society can be a non-criminal activity in the law. For an activity to be a crime it should consist of an intention to commit crime, and the criminal act. In the given scenario Bob would be charged with robbery attempt and possession of an unlicensed handgun.
Bob entered the parte store with an intention to rob all the money. This means that he had planned for the robbery. Furthermore, he committed the criminal act which was motivated by his intention. He asked the clerk for the money and shot in the ceiling so as to frighten the clerk. Furthermore, he was in possession of a handgun which he used in the crime area. Although he did not shoot anyone, he held the crime weapon which was used to warn the customers so that they cooperate.
The clerk did not face any charges. Although he shot a pregnant woman who was due any time from the day of her killing, he did not commit a crime. This is because; he did not intend to do that. Additionally, the law of the United States approves of a crime of murder to a child if only the baby was born alive. According to the description of the U.S law, “born alive” means that fetus has been biologically born and established “independent circulation” (“When does Life Begin?”). This suggests that the baby should have breathed and proved to be alive and not dependent on the mother. Thus, the clerk was not charged for the murder of the pregnant woman since he did not have the intention to kill. Also, the fetus had not yet been established as a human being.
References
When does Life Begin? (n.d.). Lecture Readings.
