Reference no: EM133342245
Assignment:
Review the following scenario:
Dan Dummy was upset at his boss Ziggy for firing him from Marley Medical Marijuana, where he worked the front counter.
Dan approached Sam Stupid and asked if he would help him get revenge on his old boss. Sam said,
That's a horrible ideal What time should I pick you up?"
Later that night, Sam picked up Dan and they drove around the dispensary until the customers inside were gone. Once Ziggy was alone, Dan ran inside with a gun while Sam remained in the car as a lookout. Dan pointed the gun at Ziggy and began ransacking the shop. While Dan was destroying the inside, Ziggy was able to press the holdup alarm button hidden behind the counter. Dan then locked Ziggy in a back closet. Before leaving, Dan emptied the cash register and took marijuana from the front display bins before running out to the waiting car.
Just as they were leaving, responding officers arrived at the scene. Sam and Dan fled, leading the uniformed officers on a high-speed pursuit.
Driving too fast around a corner, Sam lost control of his car and slid into a fire hydrant. Water immediately shot 30 feet into the air and the hydrant pinned Sam's driver side door shut. Dan panicked and ran from the car towards a nearby market. While he ran, Dan turned over his shoulder to see if the officers were behind him. As he did so, his arm raised up.
Officers behind Sam observed his gun hand raise up. Believing Sam was going to shoot at them, they fired at Sam first who was still running towards the market. The officers missed Sam but hit Ida Innocent who was walking out of the market with a bag full of groceries. Ida innocent later died at the hospital from gunshot wounds fired at Dan from the officers.
What crimes can Dan and Sam reasonably be charged with? Discuss.
Consider the following possible charges: assault, battery, ADW, kidnapping, false imprisonment, robbery, serious bodily injury (SBI), great bodily injury (GBI).
Follow the IRAC method. Break down each issue. Each Issue needs its own (1) Rule of Law (the elements of the offense, (2) Analysis where you link the rule of law directly to the fact pattern scenario (the why drawn from the facts, and (3) a conclusion as to whether that offense can be charged or not.
After carefully evaluating the scenario, submit minimum one paragraph summary for each of the IRAC steps individually:
Issue:
Rule:
Application:
Conclusion:
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