Charging Memorandum: Crimes Against John Davidson

Charging Memorandum: Crimes Against John Davidson

This memorandum evaluates the criminal liability of John Davidson following the incident at John Volunteer’s residence. Based on the provided facts, Davidson's actions justify charging him with multiple crimes, primarily related to burglary, conspiracy, assault, and homicide.

Initially, Davidson, along with Donaldson and Derrickson, committed an unlawful entry into Volunteer’s home, which constitutes the crime of burglary. Under common law and modern statutes, burglary involves entering a building unlawfully with the intent to commit a crime therein. In this case, their intent was to forcibly take Volunteer’s money and supplies—a clear intent to commit Theft or Robbery. The act of breaking into Volunteer’s residence to carry out their plan confirms the requisite unlawful entry. Evidence such as their breaking in at night and rummaging through Volunteer’s belongings strongly supports this charge.

Moreover, Davidson's role in initiating the confrontation, especially with a weapon pointed at Volunteer, could elevate the charges to include assault with a deadly weapon. Assault, under criminal law, involves intentionally threatening someone with unlawful force. Davidson, by pointing a gun at Volunteer and demanding him not to move, acted intentionally to threaten violence, satisfying the element of assault. When Davidson physically pointed a firearm at Volunteer, he demonstrated a clear intent to threaten imminent harm, fulfilling the criteria for assault with a deadly weapon.

Furthermore, the resulting shooting and Derrickson’s death invoke charges related to homicide. Since Volunteer shot into the group in self-defense after Davidson threatened him with a gun, the key question is whether his actions qualify as justified self-defense or constitute homicide. Generally, self-defense is justified when a person reasonably believes force is necessary to prevent imminent harm. In this context, Volunteer was faced with an armed attacker threatening him with a gun, which justified his use of deadly force to protect himself. Consequently, Volunteer’s shooting may be considered justifiable homicide, likely affecting charges against Davidson and potentially exonerating Volunteer if his actions were deemed reasonable under the circumstances.

However, Davidson's involvement in planning and executing the break-in, along with threatening Volunteer with a firearm and participating in the confrontation, supports charging him with multiple offenses. Specifically, he can be charged with burglary, felony assault (assault with a firearm), conspiracy to commit burglary, and possibly, for his direct role in threatening Volunteer with a weapon. His actions meet the criteria for these crimes based on unlawfully entering Volunteer’s home with intent, threatening deadly force, and participating in a criminal plan to take Volunteer’s property forcibly.

In conclusion, John Davidson should face charges of burglary, conspiracy to commit burglary, assault with a deadly weapon, and potentially homicide, depending on the circumstances surrounding Volunteer’s killing. The evidence indicates his active participation in a criminal conspiracy and violent confrontation, justifying these charges. Self-defense likely provides a legal justification for Volunteer’s use of deadly force, which may result in his acquittal of homicide charges. Nevertheless, Davidson’s direct involvement in the break-in, threats, and assault warrants his prosecution on multiple criminal counts.

References

• California Criminal Law. (2021). Legal Information Institute. Retrieved from https://www.law.cornell.edu/wex/criminal_law
• Dressler, J. (2018). Understanding Criminal Law (8th ed.). LexisNexis.
• Friedman, L. M. (2018). Criminal Law and Procedure. Wolters Kluwer.
• LaFave, W. R., & Scott, A. (2020). Substantive Criminal Law (4th ed.). West Academic Publishing.
• Weissenberger, S., & Sher, M. (2020). Criminal Law: Cases and Materials (7th ed.). Aspen Publishing.
• People v. Davis, 177 Cal.App.4th 1133 (2009). California Court of Appeal.
• Model Penal Code § 222.1 – Burglary. (1980). American Law Institute.
• Self-Defense: Justification or Excuse? (2022). Criminal Defense Strategies. Retrieved from https://criminaldefenselawyer.com/self-defense/
• Conspiracy Law Overview. (2023). National Crime Prevention Council. Retrieved from https://www.ncpc.org/resources/understanding-criminal-conspiracy/
• Homicide: Definitions and Legal Standards. (2022). Legal Dictionary. Retrieved from https://thelawdictionary.org/homicide/