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Criminal Law
What shall be answered to in this brief report is the response to question 19-15 from Chapter 19 of "Answering Criminal Law Questions". The question that shall be answered will be the crime or crimes that can be applied against Tom and Dick in light of the crime spree that they engaged in. Even though many of the crimes are incidental and simply related to what is otherwise going on, they would still be on the hook for a myriad of crimes and charges. While there is some debate over what charges could be applied to Tom and Dick, they are in some deep trouble. They were going 75 mph and the posted limit was 75.
Rule
The crimes that would be possible and/or likely against Tom and Dick would be as follows:
• Even though the store was empty, both Tom and Dick could be charged with burglary as they forcibly entered the store with the intention of committing a felony.
• If Tom and Dick damaged the convenience store property while entering the structure (burst open door, etc.), they would be liable for criminal mischief or criminal damage to property
• They would absolutely face charges for the damaged security camera that they ripped off the wall
• Tom could and should be charged with reckless driving for running into Victoria on the highway.
• Tom could be charged with murder since Victoria's fetus was viable at the time of death. It would be murder because of the felonious acts he was committing while he was driving such as he was
• There was also the speeding on the surface streets after Victoria was struck
• The striking and killing of Victor would be another murder charge, for the same reasons mentioned with Victoria. Intent was not an issue but the criminal behavior present during the act is enough to make it murder.
• They could be charged with littering for throwing the camera in the river
• Dick could be charged for not voicing concern or telling Tom to stop before Dick struck and killed the homeless person.
• Tom and Dick should be assessed for prior charges relating to the guns (e.g. felon in possession, etc.). This would include whether they bought the guns legally, whether they were stolen, whether they were possessed illegally and so forth
• Conspiracy charges could also be on tap based on what was plotted and…
References
Dressler, Joshua (2014). Sum & Substance: Criminal Law. (Sixth). St. Paul, MN
Thompson West Group. 978-0314266910
Finz, Steven R. (2013). Strategies & Tactics for the Finz Multistate Method. (Third). New
York Wolters Kluwer. 978-1-4548-2506-7 CD
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