Criminal law concepts and applications

Criminal Law

The three main parties to the crime are Little Louie, Billy Bad Boy, and Vinnie Bagadonuts. When they decided to ask Smokey to launder the stolen money for them, he became a principal party to some the crimes, and an accessory before the fact to others. However, Smith, the gun collector who they stole the guns from is a victim and has no criminal responsibility. The same goes for Wanda, the bank employee and girlfriend of Louie, who may be involved, but has no criminal responsibility either.

According to Title 18, section 2113 of the United States Code anyone who takes, or attempts to take "by force, intimidation, or extortion…any property, money, or any other thing of value" from a bank. ("1349 Bank Robbery") During the bank robbery Vinnie is shot and killed, so no charges can be levied against him. However, the others involved in criminal acts can be charged, including Billy, Louie, and Smokey. Since they planned to rob a bank, and actually carried out preparations to do so, such as gaining information from Wanda, procuring guns, masks, and getaway cars, and finally arranging to launder the stolen money, Louie and Billy can be charged with conspiracy. The same can be said for Smokey, who was involved before the actual robbery, and planed to launder the money afterward. By assisting in "criminal activity without being present during the commission of a crime," Smokey can also be charged as an accessory to the crime of bank robbery. (Carper, p. 231)

Because Louie entered the bank with Vinnie, and actually committed the robbery, Louie is the principal in the first degree and can be charged with bank robbery, but because Billy only waited in the car, he is a principal in the second degree in terms of the robbery. And since a bank teller and an innocent pedestrian were killed during the robbery, both Louie and Billy can be charged with capital murder because subsection (d) of Title 18, section 2113 "provides penalties for anyone who kills another person & #8230;during the commission of any offense described in 2113." ("1349 Bank Robbery") However, when Billy caused the hit and run death of a pedestrian, Billy was the principal in the first degree, while Louie was the principal in the second degree, but the charges can still be murder for killing the pedestrian. Since a bank guard accidentally shot and killed a police officer who was responding to the robbery, it is unlikely that any charges would be filed against him, unless there were some extenuating circumstances, but both Louie and Billy can be charged with the death of the police officer.

When an ancillary crime is committed as part of another crime, such as bank robbery, those involved in those crimes can also be charged in relation to the bank robbery. (Abrams, 1989) For instance, when Louie burglarized the home of Smith in order to steal guns, or when Vinnie stole the cars, the charges in those crimes can be brought as part of the bank robbery. While Louie, Billy, and Smokey can all be charged with federal crimes in relation to the bank robbery, Billy can also be charged with the murdered of his estranged wife. In the case of his murdered wife, the state would be responsible for pressing charges for that crime because the murder was completely separate from the bank robbery. Just because it happened on the same day as the robbery, there is no connection between the two crimes.

When Louie and Billy were arrested at the home of Smokey, the fact that they had the stolen money, and probably left behind evidence at the crime scene, it would be difficult to plan an effective defense against the bank robbery charges. When the two innocent people were killed during that robbery, the law is clear that any deaths occurring committed during the commission of a crime, are considered as murder and eligible for the death penalty. Even if Billy was not present during the death of the bank teller, and Louie was not driving the car, they are both responsible for both deaths. It is also the case that the accidental death of the police office can be charged against both Billy and Louie since his death occurred as a direct result of their criminal activity.