Read the following facts and then answer the questions at the end of the paragraph.After you post your answer(s), read my first post. You’ll see what the court decided in this case. Then respond to my post and tell us whether you decided the case the same as the court did. Did you agree with the court’s decision? Why or why not?You Decide: RobberyMichael Warren Scherz was convicted of first-degree robbery, which in Washington can be committed by the display of what appears to be a firearm or other dangerous weapon. Scherz entered a bank in downtown Spokane wearing camouflage clothing and approached a teller and stated that I need about a thousand dollars. I have a hand grenade in my pocket and I need a thousand dollars. The teller asked whether he was serious and Scherz responded, yes. The teller testified that she was fearful and that she gave him $1,000. He placed the money in his pocket and left the bank. The teller did not see a hand grenade or any other weapon. Scherz soon thereafter was arrested by FBI agents in a nearby hotel lobby. He told the arresting agent that at the bank that he had reached into his left jacket pocket and pulled out the end of a set of toenail clippers just a little bit to see the silver, so shed think it was a grenade. The FBI agent seized a pair of toenail clippers from Scherz. None of the bank employees who witnessed the robbery saw the toenail clippers or anything that appeared to be a weapon. Scherz appealed his conviction on the grounds that he did not display a weapon. The prosecutor argued that a verbal indication of a weapon satisfies the display requirement. Would you vote to affirm Scherzs conviction? Is the bank tellers testimony important in your decision? What if Scherz actually had a grenade in his pocket? Should Scherz be held liable for first-degree robbery if the teller realized that Scherz was threatening her with the metal end of the toenail clippers? What about in the event that Scherz displayed a realistic looking toy grenade?
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