Reference no: EM13273571

Use the IRAC method

Identify the elements of each crime and discuss the facts that prove or disprove the elements are present.

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. Fred 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.

1. With what crime or crimes, if any, can Deft reasonably be charged and what defenses, if any, can he reasonably assert? Discuss.

2. With what crime or crimes, if any, can Ed reasonably be charged and what defenses, if any, can he reasonably assert? Discuss.