Kevin Whalling, Chief Counsel for the Whalling Law Group, PLLC, has been hired to act as defense counsel for Mr. Bill Carson.
Mr. Carson was arrested recently by the Phoenix Police Department for armed robbery. While a customer of a local convenience store was attempting to get back into her vehicle, Mr. Carson threatened the customer with a revolver, stating that he would shoot her unless she gave Mr. Carson her purse and wallet. Mr. Carson fled on foot and was quickly caught by patrolling police officers.
Because Mr. Whalling normally practices property and maritime law, he would like you to prepare a Memorandum of Law addressing personal property crimes.
Remember that this is an internal memorandum for Mr. Whalling; while his job is to support Mr. Carson, you can provide an objective analysis concerning personal property crimes.
Use the Topic 5 Memorandum of Law Template to write a Memorandum of law of 500 to 750 words. Follow the prompts within brackets in the template to complete the assignment.
Full Answer Section
- Statement of Facts
Mr. Bill Carson has been arrested by the Phoenix Police Department for armed robbery. The alleged incident occurred when Mr. Carson threatened a convenience store customer with a revolver, demanding her purse and wallet. Following the acquisition of the victim's property, Mr. Carson fled the scene on foot before being apprehended by law enforcement.
III. Issue Presented
The primary issue is whether the State can prove beyond a reasonable doubt that Mr. Carson committed the crime of armed robbery as defined by Arizona law.
- Discussion
Armed robbery is a specific form of robbery that involves the use of a deadly weapon. To establish armed robbery, the prosecution must prove the following elements:
- The unlawful taking of personal property: The State must demonstrate that Mr. Carson took the victim's purse and wallet without her consent.
- The property was in the possession of another: The victim must have had lawful possession of the purse and wallet.
- The taking was accomplished by force or threat of force: The State must prove that Mr. Carson used or threatened to use a deadly weapon to compel the victim to surrender her property.
Based on the facts presented, it appears that the prosecution may be able to establish all elements of armed robbery. The use of a revolver to threaten the victim constitutes the requisite force or threat of force.
- Conclusion
Given the nature of the allegations, Mr. Carson faces serious charges. A thorough investigation of the facts and circumstances surrounding the incident is necessary to develop a strong defense strategy. Potential defenses could include issues of identification, the victim's consent, or the degree of force used.
It is essential to conduct a comprehensive review of the applicable Arizona statutes and case law to identify any potential defenses or mitigating factors. Additionally, obtaining statements from witnesses and gathering any available evidence is crucial to building a robust defense.
Sample Answer
MEMORANDUM
TO: Kevin Whalling, Chief Counsel FROM: [Your Name], Legal Assistant DATE: [Date] RE: Personal Property Crimes: Analysis of Case Involving Mr. Bill Carson
I. Introduction
This memorandum analyzes the potential legal issues arising from the arrest of Mr. Bill Carson for armed robbery. The primary focus is on the elements of personal property crimes, particularly armed robbery, as they relate to the specific facts of the case.