Democracy

Melissa Williams

October 18, 2006

McLaughlin V. United States

On July 26, 1984, Lamont McLaughlin and a companion attempted to rob a bank. McLaughlin had a handgun and ordered customers to put up their hands and not to move while his companion placed money into a bag. A police officer caught them as they were leaving the bank and arrested them. McLaughlin was charged with bank robbery and bank larceny and was also found guilty of assault because he had a gun during the robbery. The issue with this was that later the police men found the gun was unloaded. The question is can an unloaded hand gun be considered a dangerous weapon? The Supreme Court said yes it is and charged him with assault. The Supreme Court was correct in charging him for this for various reasons. One is that an unloaded handgun is still a dangerous weapon whether it is loaded or not. Another reason is that he used the unloaded gun to threaten the customers and instill fear in them. Also guns can also be used as a bludgeon and can potentially hurt people. Unloaded guns are dangerous weapons and one should be charged with assault if threatening someone with one.

"(a) Whoever, by force and violence, or by intimidation, takes, or attempts to take, from the person or presence of another any property or money or any other thing of value belonging to, or in the care, custody, control, management, or possession of, any bank, credit union, or any savings and loan association or whoever enters or attempts to enter any bank, credit union, or any savings and loan association, or any building used in whole or in part as a bank, credit union, or as a savings and loan association, with intent to commit in such bank, credit union, or in such savings and loan association, or building, or part thereof, so used, any felony affecting such bank, credit union, or such savings and loan association and in violation of any statute of the United States, or any larceny--

Shall be fined under this title or imprisoned not more than twenty years, or both.

Whoever, in committing, or in attempting to commit, any offense defined in subsections (a) and (b) of this section, assaults any person, or puts in jeopardy the life of any person by the use of a dangerous weapon or device, shall be fined under this title or imprisoned not more than twenty-five years, or both." (Federal Bank robbery statute)

In that statute it states that if a life is put into jeopardy because of a dangerous weapon they will be charged with assault and will not be put into jail for more then twenty-five years. Also guns are known as dangerous weapons whether they are loaded or unloaded they still cause harm.

"The term "dangerous weapon" means a weapon, device, instrument, material, or substance, animate or inanimate, that is used