Legal Research, Analysis, and Writing – Essay – underrdogg
Search
Essays
Sign up
Sign in
Contact us
Tweet
Index
/Miscellaneous
Legal Research, Analysis, and Writing
Jesse Surratt502Legal Research, Analysis, and WritingJanuary 9, 2018 JSurrattJr- Legal Research, Analysis, and Writing-502-Unit 8_Assignment.docI.  Statement of Facts United States v. Canter 871 F.2d 1089Mr. Canter is charged with one count of armed bank robbery, in violation of 18 U.S.C. § 2113(a) and (d). On January 5th of this year, Mr. Canter robbed the First State Bank. Upon entering the bank, he approached a teller and pulled a crudely carved wooden replica of a 9 mm Beretta handgun. The teller was so frightened that he only glanced at the gun, but later testified he believed it to be real. The teller at the next window looked at the replica and stated then that she was confident at the time that it was a fake gun. No one else noticed whether the wooden gun was real.II. Issue Whether within the meaning of 18 U.S.C. § 2113(a) and (d), a toy gun can be regarded as a “dangerous weapon” when committing a bank robbery?III. Analysis/application Introduction Our client, Mr. Eldon Canter is charged with one count of armed robbery, in violation of 18 U.S.C. § 2113 (a) and (d). 2. Rule of law Statutory Law: 18 U.S.C. § 2113(a) & (d).18 U.S.C. § 2113(a) and (d) provides that (a) Whoever, by force and violence, or by intimidation, takes, or attempts to take, from the person or presence of another, or obtains or attempts to obtain by extortion any property or money or any other thing of value belonging to, or in the care, custody, control, management, or possession of, any bank, credit union, or any savings and loan association.(d) Whoever, in committing, or in attempting to commit, any offense defined in subsections (a) and (b) of this section, assaults any person, or puts in jeopardy the life of any person using a dangerous weapon or device, shall be fined under this title or imprisoned not more than twenty-five years, or both. 3. Case interpreting the rule of law The case law that governs our clients case is United States v. Martinez-Jimenez, 864 F.2d 664 (9th Cir. 1989).a. Name of case/citation – United States v. Martinez-Jimenez, 864 F.2d 664 (9th Cir. 1989).
b. Summary of facts showing case is on pointOn June 19, 1987, Martinez-Jimenez and De La Torre entered a bank in Bellflower, California. While De La Torre robbed a customer and two bank tellers Martinez-Jimenez was in the lobby forcing bank customers to lie face down on the floor. Martinez-Jimenez was holding what appeared to be a handgun. The three eyewitnesses testified that the object was a dark revolver about eight or nine inches in length. They testified that it caused them to fear for their safety and the safety of the other people in the bank. De La Torre testified at the trial that neither he nor Martinez-Jimenez had operable firearms when they entered the bank and that Martinez-Jimenez had purchased a toy gun at a department store a few hours before the robbery.c. Rule of law or legal principle presented in the case that applies to the client’s facts The rule of law that governs our clients’ case is United States v. Martinez-Jimenez, 864 F.2d 664 (9th Cir. 1989). By comparison, a bank robber’s use of a replica or simulated weapon violates § 2113(d) even if the bank robber does not assault anyone with the fake weapon. Just his possession of the weapon, while he is committing the crime, is evidence of his capacity to commit an assault. The possession of the toy gun assisted the appellant in the crime by increasing its likelihood of success. The appellant testified in court that the toy gun made him feel secure suggesting that he may not have robbed the bank without it.  d. Application of rule/principle from the case to the client’s facts 18 U.S.C. § 2113(d) focuses on the harms created, not the manner of creating the harm and is not concerned with the way that a robber displays a simulated or replica handgun. Court evidence shows that the appellant’s possession of the toy gun created fear and anxiety in the victims. The appellant argued that the testimony of the eyewitness bank tellers be thrown out because it was based on their mistaken assessment of the apparent threat. This argument fails because, during a robbery, when a person is face-to-face with what looks like a dangerous weapon, they cannot be expected to maintain a high level of accurate perception.
Continue for 4 more pages »
Read full document
Download as (for upgraded members)
Citation Generator
MLA 7
CHICAGO
(2018, 02). Legal Research, Analysis, and Writing. EssaysForStudent.com. Retrieved 02, 2018, from
“Legal Research, Analysis, and Writing” EssaysForStudent.com. 02 2018. 2018. 02 2018 <
"Legal Research, Analysis, and Writing." EssaysForStudent.com. EssaysForStudent.com, 02 2018. Web. 02 2018. <
"Legal Research, Analysis, and Writing." EssaysForStudent.com. 02, 2018. Accessed 02, 2018.
Essay Preview
By: underrdogg
Submitted: February 12, 2018
Essay Length: 1,131 Words / 5 Pages
Paper type: Essay Views: 429
Report this essay
Tweet
Related Essays
Perspectives: Effects on Research and Writing
Perspectives: Effects on Research and Writing Every person’s perceptions are entirely inimitable in their own way. Perception, in itself, means to interpret the world around,
867 Words  |  4 Pages
Ivan Milat Case Study Analysis - Is This Case a Typical Reflection of Our Legal System?
IS THIS CASE A TYPICAL REFLECTION OF OUR LEGAL SYSTEM? You could definitely say that this case is a typical reflection of our legal system
375 Words  |  2 Pages
Legal Research, Writing, and Analysis
In this essay we will discuss the process of legal research, writing, and analysis. The subject matter will be presented in a clear, concise and
1,426 Words  |  6 Pages
Research Paper Writing
The questionnaire was handed out to each of the 46 subjects. Means of the cumulative scores for each of the sub-scales were then calculated.
360 Words  |  2 Pages
Similar Topics
Analysis of Platos
Analysis Newspaper Research Report
Get Access to 89,000+ Essays and Term Papers
Join 209,000+ Other Students
High Quality Essays and Documents
Sign up
© 2008–2020 EssaysForStudent.comFree Essays, Book Reports, Term Papers and Research Papers
Essays
Sign up
Sign in
Contact us
Site Map
Privacy Policy
Terms of Service
Facebook
Twitter