Mexican (illegal) accused of robbing five dollars from another (illegal) Mexican with a knife...He was drunk.... Defendant accused of armed robbery (10 to 20 years in prison)... Would you be more likely to convict if you were told that Defendant was a GANG MEMBER? I need to determine whether or not to disclose defendant's GANG MEMBERSHIP during the trial...I am attempting to argue that this was not an armed robbery but rather a GANG fight (only one year in prison versus ten).... Again, narrow question: More likely to be guilty if GANG MEMBER?
THANK YOU ALL!
2007-02-13 05:35:18 · 11 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Are you the lawyer and asking these questions to see what an empaneled jury might think?
NO I would not convict a person because they were Mexican or a gang member. I would convict on the evidence. But I think most people would be prejudged by gang membership.
But regardless, if someone takes money from another person and a gun is involved, gang member or not, it is armed robbery.
I think the old expression of KISS works here. Unless your client wants the jury to know, why add to their negative attitude toward him.
2007-02-13 05:44:21 · answer #1 · answered by banananose_89117 7 · 0⤊ 0⤋
If you're really a lawyer and you're asking this question on yahoo, then your law school must have been a tier 4.
If the facts supported it being a gang member makes him seem more guilty because its no longer a one time occurence, but now the robbery is more of a lifestyle choice.
2007-02-13 05:40:03 · answer #2 · answered by Anonymous · 0⤊ 0⤋
It all sounds illegal to me! You say he was drunk, I suppose that is a good excuse to use a knife to take five bucks from some one. Forget Mexican, and illegal, or in a gang, it is armed robbery. Don't do the crime if you can't do the time!
2007-02-13 05:44:55 · answer #3 · answered by bigh5586 2 · 0⤊ 0⤋
Armed robbery is armed robbery. I don't care what the context is. I would be more likely to convict just to get his gang member *** off the street.
2007-02-13 05:39:52 · answer #4 · answered by Anonymous · 0⤊ 0⤋
He is guilty of armed robbery anyway u look at it and thats what i would vote.
2007-02-13 05:40:19 · answer #5 · answered by Anonymous · 0⤊ 0⤋
No - I would look at the facts of the case. If the evidence proved he guilty, he's guilty. It's the evidence, not if he's an illegal alien criminal. Geeze!!!!
2007-02-13 05:44:45 · answer #6 · answered by Dizney 5 · 0⤊ 0⤋
Off the street for Ten, sounds good to me !
2007-02-13 05:40:42 · answer #7 · answered by Anonymous · 0⤊ 0⤋
How do you know he's in a gang?
2007-02-13 05:37:44 · answer #8 · answered by Winette 5 · 0⤊ 0⤋
WHAT DO YOU HAVE TO LOSE? WHAT KIND OF ATTORNEY ASK QUESTIONS IN THIS FORUM. I ALMOST FEEL SORRY FOR THE MEXICAN.
2007-02-13 05:50:42 · answer #9 · answered by strike_eagle29 6 · 0⤊ 0⤋
if they're illegal immigrants, they shouldn't be here anyway. ship 'em back.
2007-02-13 05:38:25 · answer #10 · answered by Anonymous · 1⤊ 1⤋