You will prepare a two- to four-page report that applies a statute to a specific hypothetical fact pattern. You must identify all of the elements of the statute and discuss whether the hypothetical fact pattern satisfies all of the elements of the statute. In addition, you must discuss what the outcome would be under the statute.
The Maryland criminal law sets forth the offense of Disarming a Law Enforcement Officer as follows:
(a) “Law enforcement officer” defined. — In this section, “law enforcement officer” means:
(1) a law enforcement officer who, in an official capacity, is authorized by law to make arrests;
(2) a sheriff, deputy sheriff, or assistant sheriff; or
(3) an employee of the Division of Correction, the Patuxent Institution, the Division of Pretrial Detention and Services, the Division of Parole and Probation, a local correctional facility, or any booking facility.
(b) Prohibited. — A person may not knowingly remove or attempt to remove a firearm from the possession of a law enforcement officer if:
(1) the law enforcement officer is lawfully acting within the course and scope of employment; and
(2) the person has knowledge or reason to know that the law enforcement officer is employed as a law enforcement officer.
(c) Penalty. — A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $ 10,000 or both.
(d) Sentencing. — A sentence imposed under this section may be imposed separate from and consecutive to or concurrent with a sentence for any crime based on the act or acts establishing the violation under this section.
Please apply this law to how you would decide the following three scenarios: (You are the Judge of the court):
1. An off-duty police officer is working his second job as a bouncer at Club X. One night, as he was forcibly removing an unruly club patron (who was visiting the club for the first time), the patron and one of his friends began hitting the bouncer. The bouncer grabbed his gun out of his holster, but the patron knocked the gun out of the bouncer’s hand. The patron was charged with, among other things, disarming a law enforcement officer.
2. A sheriff’s deputy, while working at a local courthouse, attempts to arrest a visitor who is out of control and threatening another visitor in the courthouse lobby. When she attempts to control the visitor, he hits her in the face. As she draws her service weapon, he shoves her, and she falls. The gun falls on the floor, and the visitor kicks it under a desk and runs off. He is eventually caught and charged with disarming a law enforcement officer.
3. An armed security guard finishes his shift and leaves his post. On the way out of the building to which he is assigned, he encounters another security guard/coworker, and the two begin arguing and engage in a shoving match. The first guard threatens to beat up the second guard, and the second guard punches the first and then removes his gun. Guard no. 2 is charged with disarming a law enforcement officer.
Question 1 above is worth 7 points, question 2 above is worth 7 points, and question 3 above is worth 6 points. Please explain your position and reasoning thoroughly
You will prepare a report that applies a statute to each specific hypothetical fact pattern. You must identify all of the elements of the statute and discuss whether the hypothetical fact pattern satisfies all of the elements of the statute. In addition, you must discuss what the outcome would be under the statute.
Project 2 Grading Rubric
Meets all expectations
Max
Points
Your
points
Comments
#1
All elements of statute are applied to the facts
4
#1
The probable outcome is discussed
3
#2
All elements of statute are applied to the facts
4
#2
The probable outcome is discussed
3
#3
All elements of statute are applied to the facts
4
#3
The probable outcome is discussed
2
