1. Will Yamaguchi be convicted of robbery?
2. If Yamaguchi will be convicted of robbery, is the felony murder rule applicable to his case, where the killing was committed neither by him nor by his accomplice?
3. If Yamaguchi will not be convicted for robbery, is he liable for Pim’s killing under the provocative murder doctrine?
4. Is Yamaguchi liable for Rodrigo’s death under the provocative murder doctrine? BRIEF ANSWERS
1. Yes, Yamaguchi will likely be convicted of robbery. In California, robbery involves taking personal property in the possession of another person from his or her immediate presence, against his or her will and with the use of force or fear. Here, Yamaguchi attempted to take cash inside the 7-11 store’s register that was both in the possession and in immediate presence of the clerk on duty, McCampbell. To do that, Yamaguchi threatened McCampbell with a gun. Thus, even though it is not clear whether Yamaguchi actually took the money or not, the prosecution probably has an argument to support Yamaguchi’s conviction based on seriousness of other satisfied elements.…show more content… No, the felony murder rule likely does not apply to Yamaguchi’s case. To establish a felony murder, the prosecution has to prove that the killing was committed by either the defendant or the accomplice in the perpetration of a felony. In our case, it was Professor Verde who shot Pim, while Yamaguchi’s actions lacked enough proximity to be considered a substantial factor in bringing about Pim’s death. Moreover, the underlying felony of robbery was probably over at the time when the killing occurred because Yamaguchi and Pim reached a place of temporary safety and arguably did not carry any property stolen from the 7-11 store with them. Therefore, Yamaguchi’s conduct is probably undeserving of such cruel and unusual