Conspiracy and Party to a Crime

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Scenario

John and Donald travel to a convenience store in Donald’s car. John says he wants to purchase a bottle of water and a honey bun. As he exits the car, John asks Donald if he needs anything. Donald says no. John places a mask over his face after he exits the car. John enters the store, pulls out a pistol, and demands that the store clerk give him all of the store’s money. The store clerk hands the money to John and also trips the secret alarm. John exits the store. He gets in the car and yells to Donald, “Go, go, go!” He tells Donald he just robbed the store. Donald panics and wants John to exit his car, but he drives John home and decides not to speak with John ever again.

John is later apprehended after using “marked” money from the robbery. The police charge him with the offenses of armed robbery and possession of stolen goods.

Review the posts of your fellow learners and respond to at least two. In your response posts, you must do one or more of the following:

  • Ask an analytical question.
  • Offer a suggestion.
  • Elaborate on a particular point.
  • Provide an alternative opinion supported with research.

Be sure to support your initial post and follow-up posts with scholarly examples from the module readings and additional literature where appropriate. You must cite all references according to APA style.

Classmate #1 Jessica

Yes Donald should be charged as a conspirator because he knew what John did. Even though when he was driving with John to the store he didn’t know what John planned to do, he found out after the fact and didn’t tell anyone. If he were to turn John in instead of saying nothing and ever talking to John then maybe he shouldn’t be charged. If John gave him money to be quiet I wouldn’t have answered differently. He should still be charged.

If I were a law enforcement officer the facts of this crime is that John had a mask and gun so he planned on going in that store and robbing it, that would be the action (actus reus) and taking the money would be the intent ( mens rea).

Classmate # 2 Daniel

Unfortunately for Donald, he is in a fair amount of trouble here and he should and probably will be charged as a co-conspirator to armed robbery. For his sake, I hope nobody was injured in the process the robbery, because he would get stuck for that crime as well.

First and foremost, Donald became an accomplice when he drove away. Had he run from the car and refused to aid in his friend’s getaway, he would have been just fine, but by acting as the getaway driver he aided and abetted the crime by providing the escape. He had yet another opportunity to save himself after the crime had been committed. All he needed to do was call the police and tell them what happened. By explaining that he did not know this was occurring and he feared his friend might harm him (assuming that’s true), he would be released of his liability. By not reporting the crime, he failed to act and further engrossed himself in the situation.

In regard to Donald accepting John’s money, he would have dug himself even deeper into the crime. By accepting the money, he is indirectly showing support for the crime as opposed to trying to stop or report it.

In terms of John’s crimes, I used the state which I work in as in as the example. I have underlined the elements of the crime which John committed. Massachusetts General Law on robbery reads “Whoever, being armed with a dangerous weapon, assaults another and robs, steals or takes from his person money or other property which may be the subject of larceny shall be punished by imprisonment in the state prison for life or for any term of years; provided, however, that any person who commits any offense described herein while masked or disguised or while having his features artificially distorted shall, for the first offense be sentenced to imprisonment for not less than five years and for any subsequent offense for not less than ten years. Whoever commits any offense described herein while armed with a firearm, shotgun, rifle, machine gun or assault weapon shall be punished by imprisonment in the state prison for not less than five years. Any person who commits a subsequent offense while armed with a firearm, shotgun, rifle, machine gun or assault weapon shall be punished by imprisonment in the state prison for not less than 15 years. (“Section 17”, n.d.)” John is eligible for LIFE in prison if he committed this crime in Massachusetts. As a law enforcement officer, I would show how he violated each one of these elements.