Prosecutor Report

Prosecutor’s Report
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As part of their initiation into the Westside Boys Gang two men decided to go on a vehicle theft rampage in Silver Spring, MD to raise money for the gang. The men agreed to commit the thefts on the evening of March 12th. They agreed that Offender A would drive Offender B to the locations of the targeted vehicles. Offenders B would be responsible for the actual theft of the vehicles and the transportation of the vehicles to the gang’s chop shop. In the event they needed to make a quick exit from the targeted locations Offender A would act as their get-away driver.

In preparation for the heist, Offender A stole a green Honda Civic to drive during the crime spree. Offender B purchased two UZI semiautomatic pistols to use during the commission to the thefts. (Each offender would be armed with one of the above listed weapons on the night of the thefts in the event they ran into problems.) [Hint: I chose the above weapons for a reason. They are not defined as fully automatic weapons for purposes of the Uniform Machine Gun Act. Please review the other Maryland firearms statutes.]

On the day of the crime the men met up to go over the plan at Offender A’s house. They both promised that no one would be killed during the events. When they reached the first targeted house, Offender B put on a ski mask and armed himself with an UZI. He entered a Potomac, MD property and stole a 2017 BMW from the driveway. Offenders A & B quickly drove the vehicle to the chop shop and returned to the area for more vehicles.

The second Potomac, MD home required Offender B to enter an attached residential garage to steal a 2016 Porsche 911. (Offender A had been monitoring the home during the week and it appeared that the homeowner was away on business.) Offender B broke into the garage through a side exterior door and began to work on the car. The homeowner entered the garage as a result of the noise. Offender B quickly shot the homeowner in the chest. The homeowner died as a result of the bullet wound. Offender B exited the home to meet up with Offender A so they could flee the scene.

Offender B met Offender A at the end of the road and jump into the Honda Civic. Offender A exited the neighborhood at a high rate of speed. The vehicle was observed driving erratically by a Montgomery County police officer that was patrolling the area. The officer tried to stop the vehicle (using his emergency lights and siren) for the erratic driving. The men attempted to evade the police which resulted in a high speed chase. Offender A eventually crashed the Honda Civic. The two men fled on foot and physically fought with the officers when the officers attempted to apprehend them. The men were eventually restrained and arrested by the police.

As the prosecutor what crimes would you charge each of the offenders with? Use the Maryland Code (statutes) to identify the specific statutory codes for the crimes that you would charge them with. When choosing a statute you should be able to identify what specific facts or evidence (from the above narrative) you would use to meet the requirements of the statute. In addition, you need to provide the maximum statutory penalty for each of the offenses and indicate whether the legislature has defined the offense as a felony or a misdemeanor. (This is for the Criminal Law Statutes only. You do not need to fill out this box of the chart for charges under the Transportation section of the code.) You should attempt to charge the offenders with as many crimes as you can reasonably identify. Use the following chart format to collect your information. Please see the rubric in the course syllabus for further grading details.
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Offender A
Maryland Criminal Statutory Code Criminal Charge Facts relevant to this charge Maximum Criminal Penalty (Felony/ misdemeanor)
Criminal Law § 7-105 Motor vehicle theft Identify the applicable facts from the fact pattern
The defendant is guilty of a felony and subject to a sentence of imprisonment not exceeding 5 years or a fine not exceeding $ 5,000, or both
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Offender B
Maryland Criminal Statutory Code Criminal Charge Facts relevant to this charge Maximum Criminal Penalty (Felony/ misdemeanor)
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You can access the Maryland Code through the Maryland Law Libraries website at: http://mdcourts.gov/lawlib/researchtools/sourcesmdlaw.html . From there you can follow the following directions:
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1. Click on the link titled Current Code and Rules from Westlaw. You will find a list of all the Maryland statutes.
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2. You will be looking under the Criminal Law and Transportation sections of the code. Once you click on the titled sources you will find the defined statutes as sub-categories or sub-folders below the link.

Prosecutor’s Report: Students will receive a crime scenario in which they will be required to determine which crimes they would charge the offender(s) with if they were the prosecutor in Montgomery County, Maryland. The students will be required to use the Maryland State statutes (Criminal Law and Transportation sections of the Maryland Code) for each crime they intend to charge the defendant with in court. The students will need to identify what evidence they would use to prove each of the elements of the crime. Further information regarding the assignment will be provided at a later date. DUE UNDER THE MODULE 10 MATERIALS.
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Prosecutor’s Report Rubric
Point Value
Identification of relevant facts which indicate a criminal offense
5
Identification of the Maryland criminal statutory code and statutory title for each criminal offense committed by the offender(s)
10
Identification of the proper facts and/or evidence that the prosecutor would use to seek a conviction against the offender. You need to match up the facts of the case to the elements of the criminal statute to make sure you are charging the offender under the correct law.
10
Identification of the classification of the offense (felony or misdemeanor) and the maximum penalty that the offender could receive (Complete this section for offenses under the Criminal Law section of the Maryland Code. You do not have to complete this section for offenses under the Transportation section of the Code.
5
Total:
30

639872
3 minutes ago
Make as long as needed. Two charts ill pay extra if not than two pages!

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