please use the IRAC method to answer these questions: Deft separated from his wi
ID: 336082 • Letter: P
Question
please use the IRAC method to answer these questions: Deft separated from his wife, Betsy, and moved out of the house they own together. About one week later, on his way to work the night shift, Deft passed by the house and saw a light on. He stopped and rang the bell. Betsy answered the door. She was polite, but told him she was getting ready to go out with her girlfriends. As Deft left, he saw a pair of men's shoes in the entryway.
Later that night, Deft told his friend, Ed, about the shoes. Ed said: "Let's go over there and check it out. We'll use my car so Betsy won't recognize it." Deft and Ed drove over to the house, and parked a block away, so the car would not be seen by Betsy. Ed waited in the car while Deft went around the side of the house, turned over a trash can and climbed on top to look through the open bedroom window. Deft saw a man, Cash, on the bed with Betsy. Deft jumped through the open window and started yelling at Betsy, "How could you do this?"
Deft then went to the closet and grabbed his shotgun, which was locked in a plastic gun case. He turned to Cash, and chased him down the stairs and out of the house, yelling deadly threats. Cash tripped and fell hitting his head on the steps. The fall knocked him unconscious.
Betsy called the police. When the police arrived, Deft was sitting outside on the front porch holding the shotgun, still in the locked gun case. Deft told the police that he had chased Cash out because he feared his wife had been in danger.
Ed got out of the car and came over to the scene. The police placed Deft in custody and asked Ed to meet them at the station for further questioning.
With what crime or crimes, if any, can Deft reasonably be charged and what defenses, if any, can he reasonably assert? Discuss.
With what crime or crimes, if any, can Ed reasonably be charged and what defenses, if any, can he reasonably assert? Discuss.
Explanation / Answer
Issue :
Is Deft liable for trails in the courts? If yes then what reasaonably be Deft charged with?
Is Ed liable for trails in the courts? If yes then what reasaonably be Deft charged with?
Rule
The common law required to be charged for an attempt to murder states that whosoever is guilty of an assault shall be punished if an assault is intent to commit murder or felony without murder or assault resulting in serious body injury.
Analysis
Element 1.The action of Deft that led Cash unconscious.Deft felt angry after seeing her wife sleeping with another man. Deft went to closet to grab his shotgun, which means he had full intension to kill Cash.
Element 2.Deft even ran after Cash chasing him to kill but Cash stumbled down on his head which made his unconsious.
Element 3. Ed has no role in this event since he was unaware of the situation .
Element 4. Chasing someone with an intension to kill is a felony in all states.
Deft can defend himself by telling that Cash was harming Besty which made him to put out his shotgun and chase Cash to protect her . Since Ed was outside waiting in his car can tell the police that he has no role and had no idea about Deft's intensions.
Conclusion
Deft is probably subject to charge of attempt to murder even though he did not even touched Cash but his action did.
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