The Bungling Bank Robber

The United States Supreme Court ruled today on whether a bank robber who accidentally discharged his weapon during a bank robbery should have been given a 10 year sentence enhancement for discharging his weapon.

The case involved Christopher Michael Dean, arrested after he and a partner robbed a Rome, Georgia, bank five years ago. Dean had waved a gun and ordered patrons and staff to get down. While grabbing bills in one hand, the gun he was carrying in his other hand went off. The bullet hit a partition, and no one was injured. Witnesses later testified he seemed surprised that his weapon had gone off. Dean was caught and pleaded guilty to the charge. He appealed his sentence because he maintained that since his actions were accidental that he should not be subject to the sentencing enhancement since the enhancement required proof that he intended to discharge the firearm.

In a 7-2 opinion, Chief Justice John Roberts said federal law "does not require that the discharge be done knowingly or intentionally." Thus, tthe sentencing for a felon who accidentally fired a gun during a crime should be the same as if he had fired intentionally.

Chief Justice Roberts had some fun with his opinion as he announced the decision from the bench. He actually refers to Dean as the bungling bank robber in his opinion. "An individual who brings a loaded weapon to commit a crime runs the risk that the gun will discharge accidentally," he said. "Those criminals wishing to avoid the penalty for an inadvertent discharge can lock or unload the firearm, handle it with care during the underlying violent or drug trafficking crime, leave the gun at home, or -- best yet -- avoid committing the felony in the first place," Roberts wrote.

Justice John Paul Stevens dissented in the case, stating, "Accidents happen, but they seldom give rise to criminal liability. Indeed, if they cause no harm they seldom give rise to any liability. The court nevertheless holds that petitioner is subject to a mandatory additional sentence -- a species of criminal liability -- for an accident that caused no harm."

Dean v. United States may be ripe for an essay or a MBE question.