Assignment:
On night in October 1993, Sergeant Ian Grimes is patrolling in an unmarked car in Phoenix, Arizona. A Thunderbird squeals its tires as it pulls out of a gas station and speeds north on 7th Avenue toward the freeway. Grimes gives chase and pulls the car over for speeding. He approaches the passenger side and talks to the driver through the passenger window. The driver gives the name "Dennis Franks," but has no license, claiming he left it at home and does not know his home address.
The passenger explains that the car belongs to the driver's mother, but Grimes has already learned over the radio that the car is a rental car from the Phoenix airport. Grimes directs the driver to step out and stand at the right rear of the car, when he can see both men as he talks further to them. Both men are over 6 feet tall and weigh over 200 pounds. The driver complies and stands in an odd way as he talks holding his body at an angle. He claims not to be armed, but Grimes realizes his odd stance is to make his shirt hang over and hid a nine-millimeter Glock 17 in his waistband. Grimes takes the weapon and backs up, standing behind a planter on the sidewalk for cover. The driver won't respond to Grime's commands, nor for a moment will the passenger. Finally, Grimes hears a "clonk," which turns out to be the passenger dropping a Glock that he was holding. The passenger then puts his hands out the window and Grimes holds the two in their positions until back up arrives.
A search of the car reveals the following:
Two semiautomatic rifles
2 pistols
1,649 rounds of ammo, most loaded into 40-round magazines, taped three-together
3 seventy-five round drum magazines loaded with ammo
1,500 rounds of additional ammo
six smoke bombs
two improvised explosive devises
one gas mask
two sets of National Body Armor Level III vests
2 programmable scanners with earpieces
sunglasses, gloves, wigs, ski masks and stopwatch
2 spray cans of gray Studio Hair Color
three different Phoenix automobile license plates
$1,620 cash
At the station the men are identified and explain they were on the way to a shooting range. The police and prosecutors have little doubt the police have stumbled upon two robbers on their way to a job. The arsenal and supplies are a classic "bank robbery kit."
Please answer the following questions after discussing with your classmates:
1. The two are probably guilty of some weapons violations. Should the two also be held criminally liable for attempted robbery?
2. If so, what amount of punishment would you impose for attempted robbery.
Later, both men are charged with conspiracy to commit robbery but realize there are evidence problems establishing an agreement between the two, which is required to establish a conspiracy. The men are not charged with attempted robbery because there is no evidence of a specific plan to rob a certain bank.
The men both plead guilty to weapons violations and served less than 4 months in jail. In 1995, they rob an armored car and kill the guard, then attempt to rob another armored car and in 1996 they rob two Bank of America Branches netting approximately $1.5 million. They are not caught.
In August of 1997, the men attempt to rob another Bank of America. They become enraged to find only $304,000 in the bank vault and beat one of the branch officials because he cannot produce more money. This delay allows police, responding to a silent alarm and witness calls, to close in on the bank. The men try to escape and a shootout occurs. Eleven police officers and five civilians are wounded in the shootout.
The men are finally caught.
Please answer the following questions after discussing with your classmates:
1. Clearly, if the men had been convicted of conspiracy to commit robbery, they would still be in prison and these events would not have occurred. Should the law be changed so that the proof for conspiracy to commit robbery does not require an agreement?
2. What factors should the criminal law focus on when it assigns punishment?