Based on the following facts stated below draft an IRAC answer
on the crimes you identify. Make sure your answer is following the
IRAC format.
Ann was owed $500 by Victor, a former boyfriend, who
refused to pay her. She knew that he kept a large amount of cash at
his house. She drove there late one night with a pistol tucked in
her waistband to scare him into paying her.
When Ann arrived at Victor’s house and rang the bell, he refused to
let her in. She went around to the back of the house, broke a
window in the back door, and let herself in. She confronted him in
the living room and demanded the $500.
Victor took $500 from a desk drawer and crossed the room to Ann.
But instead of handing her the money, he grabbed the gun from her
waistband and pushed her away from him. He pointed the gun at her
and said, “I think I will just shoot you and get you out of my hair
permanently.” He did not intend to shoot her, only to scare
her.
Ann was frightened and lunged at Victor’s arm. In the ensuing
struggle, the gun fired, killing Victor. Ann picked up the $500 and
left. As she was speeding away, she struck and injured a
bicyclist.
With what crimes, if any, can Ann reasonably be charged, and what
defenses, if any, can she reasonably assert? Discuss.
Issue - Ann accidently kills Victor while she forcefully entered his house to claim money,he owed her.. In panic, she also injures a bicyclist on the way back. what counts she is chargable with.
Rule - Breaking into someone's house owned or occupied by someone else with intention to commit a crime amounts to burglary. Pulling a gun and pinting it towards someone amounts to assault. Killing someone unintentionally amounts to involuntary manslaughter. Hitting someone while driving recklessly amounts to negligence.
Application - Ann committed burglary when she entered into Victor's house forcefully. She was liable for assaulting him as she threatened to kill him. She commited involuntary manslaughter as she killed Victor accidently in the scuffle that followed.She is also libale for injuring a bicyclist by rash and negligent driving.
Conclusion - An is liable for burglary,assault, involuntary manslaughter and causing herm due to negligence driving.
She can claim defense by asserting that she killed Victor in self defense to save her own life.
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