Posted: April 16th, 2022

Applying Legal Statutes

Applying Legal Statutes
This week’s reading, Chapter 10: subsection Elements of a Statute and Example 10-2 Elements of a Statute, provides the background you need for this assignment. The example given is from Illinois, so if you are from Illinois you may want to study statutes from a different state.(ATTACHED)

Find the robbery and armed robbery statutes (they may be termed Robbery and First Degree Robbery etc.) in your jurisdiction (your state) or one where you may live someday, and give the proper citation using the LII format. Analyze how to apply the robbery and armed robbery statutes to specific situations. Then compare the robbery and armed robbery statutes to the following client situation.

The Bank Robber

Client walked into a bank holding something under his shirt. He went up to Jason Atkins, the teller, pulled out a realistic looking toy gun and pointed it at Jason. He instructed Jason to give him all of the money in his drawer or he would shoot him. Jason believed that the robber had a real gun and handed him the money. The client left with the money and was arrested soon afterwards.

After your introductory paragraph, use an outline format to break down the robbery and armed robbery statutes in your jurisdiction (they may be termed First Degree Robbery, Second Degree Robbery etc.) into the required elements. Then separately analyze whether the client’s situation outlined in the scenario “The Bank Robber” meets each of the elements for robbery and armed robbery in your jurisdiction. Your assignment should be between 1-2 pages long. Do not forget to give the proper cites to each of the statutes.

The armed robbery offense in Connecticut falls under the Connecticut General Statutes 53a-134-Robbery in the first degree. It is described as a Class B felony since it meets the following requirements; (a) the offender in the course of the commission of the robbery crime (1) causes serious physical harm to any human who is a non-partisan in the criminal activity (2) is armed with a deadly object or weapon. Until further search, Atkins believed that the gun was real. (3) Makes use of or threatens to make use of dangerous objects. The criminal in the case made use of a weapon that was believed to be a gun. (4) Displays or threatens the use of his representation, by word or behavior, a firearm which could be a pistol, shotgun, rifle, machinegun, or revolver inclusive of other forms of firearms. The offender pointed the gun at Atkins hence behaving like it was a deadly weapon. In any prosecution in the named subdivision, an affirmative defense may be applied in that the firearm was not a weapon from where a shot can be fired. The weapon used was found out to be a toy gun hence could not fire shots. No part of the subdivision 53a-134 shall be used as a defense to a prosecution of conviction preclude of second and third-degree robbery as well as any other crime.
Part (b) of the subdivision states that in a Class B felony of a first-degree robbery provides that an offender that is found guilty under subsection (a) will be sentenced to imprisonment with five nonsuspendable or nonreducible years.
CASE
• Armed robbery. (a) (2)
• Threatening with a dangerous instrument as per Jason Atkins. (a) (3)
• Display of a dangerous instrument in conduct. (a) (4)
According to the Connecticut general statutes 53a-134, the client’s situation fails to meet the class B felony under the first-degree robbery category in that the weapon could not discharge a shot since it was a toy gun.

References
Case Text. (2019). Conn. Gen. Stat. § 53a-134. Retrieved from https://casetext.com/statute/general-statutes-of-connecticut/title-53a-penal-code/chapter- 952-penal-code-offenses/part-ix-larceny-robbery-and-related-offenses/section-53a-134- robbery-in-the-first-degree-class-b-felony
Justia. (2019). Criminal Law Robbery :: Justia. Retrieved from https://www.justia.com/criminal/docs/uniform-crime-reporting-handbook/robbery/
Justia. (n.d.). 2011 Connecticut Code :: Title 53a Penal Code :: Chapter 952 Penal Code: Offenses :: Sec. 53a-134. Robbery in the first degree: Class B felony. Retrieved from https://law.justia.com/codes/connecticut/2011/title53a/chap952/Sec53a-134.html

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