Question
Buzz and Chip are employed by Mercer Maserati, a Maserati dealership in Beverly Hills. While at lunch one day, they have a discussion about cars
Buzz and Chip are employed by Mercer Maserati, a Maserati dealership in Beverly Hills.
While at lunch one day, they have a discussion about cars and girls. Buzz says "Hey,
wouldn't it be great to drive one of those Maseratis around town? Think of all the girls we
could get! Our boss would be so freaked out!" Chip agrees, and the two hatch a plan to
take a Maserati vehicle from their employer's lot after the dealership closes at 6 pm.
Buzz and Chip show up at Mercer Maserati at midnight. They know there is no security
guard on the premises at night but there is an alarm system. They get into the dealership
by using their employee-issued keys. They disable the alarm system (as employees they
have access to the alarm code and know how to disconnect it) and select a silver Maserati
to drive. Buzz knows where the keys to the vehicles are kept, so he takes the keys to the
silver Maserati. Buzz gets in the driver's seat and Chip gets in the passenger seat. They
drive off.
Buzz and Chip ride around town in the Maserati. They cruise up and down Santa Monica
Boulevard, talk to girls, and impress their friends. Over the course of two hours, they stop
at several bars and consume a lot of alcohol. Intoxicated, Buzz then decides to go on the
freeway. He enters the freeway and accelerates to over 150 mph. At the same time Buzz entered the freeway and crossed into the number two lane, a van driven by Earl was in the number two lane going 65 mph. Buzz accelerated so fast he did not see the van in time so he swerved to avoid hitting it. However, the Maserati clipped the rear end of the van, sending the van spinning out of control, and hitting the center divider. Earl was killed from the impact into the center divider. Seeing that they caused an accident, Buzz and Chip took off. The highway patrol pursued Buzz and Chip across two counties before they were eventually stopped and taken into custody.
The District Attorney has criminally charged Buzz and Chip with vehicular manslaughter.
Buzz and Chip claim they did not intend to harm or kill anyone, they were "only out to
have a good time." Mercer Maserati has since fired Buzz and Chip. Mercer claims it
never had any security issues in the past and never had any problems with employees
stealing vehicles from its premises. Mercer has stated that no Mercer employee or corporate
officer or manager authorized or had knowledge of Buzz and Chip's plan. Mercer also
claims it is not responsible for the criminal acts of Buzz and Chip.
What is the IRAC for this case involving the elements of criminal liability?
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