Question
Using the case below, what would the answer be using the IRAC format. (Identify the I ssues, state the R ules of law, A nalyze
Using the case below, what would the answer be using the IRAC format. (Identify theIssues, state theRules of law,Analyze the facts to the law, and come to a reasonableConclusion on whether there is or isn't criminal liability.)
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Although Dwight had a house to live in, he was looking for another house to buy, renovate, and then sell for a profit. His friend Bill told him about an abandoned house which was for sale in a less-than-desirable part of town. Dwight drove by the house and saw two people in raggedy, old clothes sitting on the porch steps next to a shopping cart full of blankets and pillows.
The next day, when Dwight's real estate agent took him to see the inside of the house they found someone who appeared to be homeless sleeping on the floor. Even though the house was in really poor condition and had become a place for the homeless to sleep without permission, Dwight decided to purchase it. As Dwight began renovations on the house, he would periodically have to remove homeless people from the inside of the house.
Unfortunately, after 2 months, Dwight was unable to make any significant progress on the renovations and the housing market tanked. Not wanting to lose any more money, Dwight decided to burn the house down, claim it was an accident, and then collect the insurance proceeds.
One very cold night, Dwight went to the house with his friend Bill who drove the car. When they arrived at the house Dwight told Bill that he was going to torch the house and he wanted Bill to stay in the car and be ready to speed off. He also told Bill to honk the horn if he saw anyone. Bill looked at Dwight, but did not say anything.
Not wanting to be seen, Dwight jumped out of the car, ran to the porch, threw gasoline on the front porch, and threw a lit match on the gasoline, which immediately started to burn. Dwight ran back to the waiting car and Bill drove them away as quickly as he could.
Unbeknownst to Dwight and Bill, a transient named Joe was sleeping inside the house in the front living room near the front door. By the time Joe woke up, the fire had engulfed the inside of the house and Joe died from the flames.
Answer according to the common law and also if there are any more modern changes to the common law.
- What crimes, if any, is Dwight guilty of committing and what reasonable defenses may he raise?
- What crimes, if any, is Bill guilty of committing and what reasonable defenses may he raise?
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