Repost: Use IRAC to answer the following:
Late one night after drinking heavily, Arnold and
Carter decided that they would rob the local all-night convenience
store. They drove Arnold’s truck to the store, entered, and yelled,
“This is a stickup,” while brandishing their unloaded pistols. They
discovered that the only persons in the store were Fred, who worked
at the store, a customer, who was named Cher. Arnold became
enraged, since he regarded Cher as his steady girlfriend and was
jealous that she had been spending time with Fred. Arnold
announced, “I'm going to chill these lovers out,” and loaded them
into his truck. Arnold drove a very short distance down the dirt
road behind the store to a large refrigerator. Arnold locked Cher
and Fred in the refrigerator. Arnold then returned to the store to
pick up Carter, who took $250 from the cash register on his way out
of the store.
The next day, the store manager saw that things were amiss and
called police, who rescued Cher and Fred. Cher suffered no
significant injury, but Fred soon developed pneumonia and died as a
result of it several weeks later. The coroner’s report showed that
Fred had an extraordinary susceptibility to pneumonia.
What criminal charges, if any, should be brought
against Arnold and Carter? Discuss.
What defenses, if any, do Arnold and Carter have to
the criminal charges? Discuss.
Explanation:
Arnold and Carter will be charged with Murder, kidnapping and battery as he forcefully captured Fred and Cher and locked them in refrigerator. Also they will charged with robbery as they robbed the store. Arnold and Carter will be charged with negligence as they failed to duty of due care because they were drunk and drive to store in that way they could harm anyone. They also looted store so theft charges will also be against them.
For the defense Carter and Arnold could have presented that they just locked up them to make a joke and taught a lesson to Cher, they was not aware of Fred’s condition and did not done that intentionally to cause any trouble to Fred.
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