Analysis for Rob Burr After careful analysis of the robbery involving our client, Rob burr, it is likely that a court will hold that Burr’s actions did not constitute an armed robbery. The relevant facts of the incident provide that the object Burr held during the robbery would not likely be considered an offensive weapon under Section 26-1902 of the Armed Robbery statute, therefore not constituting an armed robbery. The type of object used by Burr in the robbery and the manner in which he used it, both support the view that it was not an offensive weapon. Additionally, Mr. Shopkeeper, while afraid and shaken by the experience, was not injured at all by Burr or the object he held during the robbery. The various facts of the case, along with …show more content…
Shopkeeper as if it was an actual shotgun. Burr even stated to Mr. Shopkeeper during the initial break-in, “Put your hands up. This is a shotgun and if you make one move I’ll blow your head off.” However, once Burr was apprehended, the weapon at question turned out to be a heavy wooden cane, shaped in a way to resemble a shotgun. Under the armed robbery statute, a replica of a weapon is not considered an offensive weapon, unless it is used in a manner likely to produce death or bodily injury. According to the facts of the case listed, Burr never moved the cane in a way indicating intent to hit the store owner, but rather in a way to direct Mr. Shopekeeper into the closet of the shop. A few previous cases in Georgia compare and contrast with Burr’s case and the question of what exactly an offensive weapon is according to the armed robbery …show more content…
The State, Fann, the defendant, pointed a starter pistol at the victim during a robbery. Like the cane used by Burr during the stealing of the coin, the starter pistol used by Fann could not harmfully fire a projectile towards the victim, but looked strikingly similar to a real gun. Moreover, Fann pointed the gun at the victim, but did so in a way that did not indicate an intent to strike the victim with the object. This point also aligns with how Burr used the cane to motion for Mr. Shopkeeper to get in the closet, instead to indicate some sort of intent to strike Mr. Shopkeeper and inflict injury. The trial court initially convicted Fann of armed robbery, but on appeal, the court concluded that the starter’s pistol used by Fann was not used as an offensive weapon, thus vacating his armed robbery conviction. In a later but similar case, Choate v. The State, Choate robbed a bank with a toy pistol, pointing the pistol at the bank teller in the drive-through line of the bank. Like the starter’s pistol in Fann, a toy pistol is virtually harmless when fired. The Appeals Court found for Choate, and after referring to the precedent set forth in Fann v. State, concluded that Choate’s original conviction of armed robbery should be vacated. This is yet another Georgia robbery case that provides insight into how the court will likely reframe from convicting Burr with armed
“William Henry Furman, a twenty-six-year-old black man with a sixth grade education, was not what most people called a “bad” man,” (Herda 7). Furman was just laid off of his job and was struggling to find work. But there was none. Every job did not pay enough, or was a short term job. Eventually, depressed, hungry, and broke, Furman turned to breaking and entering and to petty thievery by means of survival. Furman was caught a few times and was given a light sentence. He was also examined by a psychiatrist and was determined to be mentally impaired, but not enough to go to a mental institution. But on August 11, 1967, Furman went to rob the house of twenty-nine-year-old William Joseph Micke, Jr. with his wife and five young children. When searching through the house, Furman made too much noise, which alerted Micke. Furman heard Micke walking down the stairs and pulled out his gun that he used for scaring people away. But Micke kept walking downwards. Not wanting to be caught, Furman tried to run away and tripped over an exposed cord. His gun discharged. The bullet ricocheted to the back door. On the other side, a body fell to the floor. William Joseph Micke Jr. was dead. “The police responded to the call quickly and, within minutes, they had apprehended Furman just down the street from the scene of the crime. The murders weapon was still in his pocket,” (Herda 9). Furman tried to plead guilty by insanity and the psychiatrists described him as legally insane. But then, several days later one of the psychiatrists revised their medical opinion. Because he was not insane, the case would go on. The state of Georgia charged him with murder and issued the death penalty. This was because Georgia state law stated that any form of murder is...
Bailey was living in an apartment where police obtained a warrant to search the premise for cocaine and firearms. When the police arrived to the area, Bailey was seen moving into the vehicle to which the police followed him. As Bailey was a mile away from the warrant area, Bailey was pulled over and was pat down to find a key in his pocket. Denying the key belong to Bailey himself, he was handcuffed and returned to the scene to which the key opened the apartment’s door.
After contacting and interviewing all three suspects, we discovered the suspects killed the victim during a argument over a gun that had been used in an earlier robbery. Ballistics from a gun discovered in a inspection found one of the suspect suspects matched the weapon used in the shooting. The suspects were arrested and charged with second-degree murder. The case was closed and this concludes my summary of my
Wright, James D., and Peter H. Rossi. The Armed Criminal in America: a Survey of Incarcerated Felons. Washington D.C., National Institute of Justice, 1997
Opposing sides have for years fought over the laws that govern firearms. For the purposes of this paper "Gun Control" is defined as policies enacted by the government that limit the legal rights of gun owners to own, carry, or use firearms, with the intent of reducing gun crimes such as murder, armed robbery, aggravated rape, and the like. So defined, gun control understandably brings favorable responses from some, and angry objections from others. The gun control debate is generally publicized because of the efforts of the Pro-Gun Lobby or the Anti-Gun Lobby.
way that guns are something instilled in kids from a young age and that weapons are so easily accessible, with a particular example being that you can pick up ammunition in a barbers. Post Collumbine, there were policy calls for more gun controls. However, Kleck (2009) argues that almost always, the guns used are already in the household or are stolen, the perpetrators often use multiple weapons rather than those with high capicity magazines as the killer will have enough time to use semi automatic weapons. As a result, he argues that the proposed restictions on gun purchase, such as closing the gunshop loophole, child access prevention and a ban on assult weapons and high capacity weapons would not help to prevent such incidents or the accociated
Multitudes of facts about gun violence hinder the belief many have for keeping their weapons. One of the most logical and most disturbing facts is that shooting sprees are not rare in the United States. “Since 1982, there have been at least 61 mass murders carried out with firearms across the country, with the killings unfolding in 30 states from Massachusetts to Hawaii, and in most cases, the killers had obtained their weapons legally” (Klein). As bluntl...
Lott, John and Mustard, David . “Crime, Deterrence, and Right-to-Carry Concealed Handguns,”, Journal of Legal Studies v.26, no.1, pages 1-68, January 1997. Web. 20 April 2014
The Web. The Web. 5 June 2015. Flynn, Michael W. “Handgun Laws.” quickanddirtytips.com. 2008.
In New York, a 3 year old found father’s gun under the couch and begin playing with it and accidently shot himself in the eye, killing himself instantly. In Georgia, 11 year old sister killed at the hand of her brother. The brother thought that he had removed the bullets from the gun, pulled the trigger and pools of blood poured from his sister’s mouth as she died. (Luo) All of these deaths were avoidable if the firearms were first locked up, and second if they were not readily accessible to children. In the state of Alabama the Alabama Attorney General has petitioned the Supreme Court to remove the San Francisco ordinance rule stating
Gun control and self-defense has been a hot topic in the United States in the last couple of years, with the United States having 88.8 guns for every 100 people. People argue whether individuals should have the right to own and carry weapons or whether there should be a stricter regulation on guns. With crimes occurring everywhere in the United States it’s only logical to allow those who qualify for a concealed weapon the right to obtain a permit to carry. With the recent laws of concealed carry weapons being allowed in all 50 states and Jerry Brown banning concealed carry on college campuses, controversy is hotter than it’s ever been. Although we have seen weapons used for hurting, guns, when placed in concealed carry hands, are not the cause
Facts: Richard Gordon escaped from jail, passed three states in the car that they had already stolen; they had two guns in possession. The car that they had started to show engine problems, so they went and looked for another vehicle; they found the Chevelle. Richard Gordon was charged with having committed the crime of "Armed Robbery" He was also accused, with intention to kill, assaulted a police officer. Richard Gordon pleaded not guilty to the charges. He was found guilty of "Armed Robbery."
...[U.S. Department of Justice April 1994 ] With proper training a gun is an effective deterrent and a lethal defense.
In the case of R v Maloney (1985), the defendant and the Victim (stepfather of the defendant), were drunk when they decided to have a contest of who can load and fire a gun more quickly. The defendant shot the victim without aiming as the victim taunted the defendant to fire the gun. Lord Bridge held ‘Foresight of consequences as an element bearing on the issue of intention in murder... belongs, not to the substantive law but the law of evidence’ (Molan, 2001: 95), oblique intent here is held ...
A major problem among the gun society is that the accessibility of guns has become very easy to obtain. In New Mexico, a 12 year old boy, brought a shotgun to school and shot two of his classmates (Johnson). One may ask how a 12 year old gets a hold of a shotgun. Simple, his family enjoys hunting, so he had access to the gun (Milligan). ...