Final Written Task 9
Inside Legal Memorandum of Regulation
TO: Chief Prosecuting Attorney
TIME: December 4, 2010
LSO ARE: Charging Greg and Leslie Tuttle of Negligent Direction Question Offered
Would Joseph Haney effectively replicate a fatal weapon and create a deadly environment, sufficient to satisfy the Arizona provided robbery statute, by thrusting his palm into a pocket sized and showing the store attendant that it was a " holdup" and to "[l]for instance still if you wish to live, " when the sufferer was not sure whether Haney had such a system, when Haney used both of your hands to grab funds from the check out, and when the sole objects present in Haney's ownership were the stolen cash and a package of mints? Short Answer
No . Pure words and threats to utilize a deadly weapon are inadequate to support this kind of a charge, because beneath Arizona rules, the victim must reasonably perceive that the robber can be armed with a deadly system, even if the robber is merely simulating the presence of the weapon. The ambiguity of Haney's activities and the reality Haney's victim did not see that having been armed usually do not satisfy the requirements of the Illinois armed theft statute. Affirmation of Facts
This office is definitely considering whether to prosecute Joseph Haney for armed robbery. Haney was arrested on September 12, 2007, for taking Albert's Quik-Stop, a comfort store in Tempe. According to the store clerk, Richard Lopez, Haney entered the store at approximately 15: 30 l. m. Simply no other customers had been in the store. Haney, who was visibly nervous, acknowledged Lopez, drive his right hand in to the pocket of his windbreaker, and yelled, " Won't be able to you inform this is a holdup? Give me the money in the register, person! Don't make me hurt you! " Lopez stated he was unsure if Haney a new weapon in the pocket. This individual described Haney as being significant and physical, and he said that Haney's physical size persuaded him to interact personally by starting the register. When Lopez did so, Haney...