Reference no: EM133835171

Question

Able and Ben worked at a fastfood restaurant and shared a hatred for their boss. Accordingly, Able conceived a plan where they would put an end to their boss's life. He shared the details of the plan with Ben. The following day they put the plan into action. Ben drove them up to the front of the restaurant and parked at the curb in order to facilitate a fast getaway. He remained in the car with the engine running while Able went inside the establishment looking for the boss. As soon as Able was inside he saw his boss standing in the kitchen through the opening where the cooks would place the dishes of food for the servers. Since there were people sitting at the counter it was going to be hard for Able to get off a clean shot that only hit his boss. But Able began shooting anyway-spraying the counter area with shots from his semi-automatic rifle. He then immediately fled the restaurant and jumped into the car with Ben. They then drove to a friend's house to lay low for a while. They explained everything to their friend Carl who assured them that they could stay until "the heat died down." In the meantime the police arrived at the restaurant and found the boss dead along with 7 customers who were collateral damage to this horrific killing spree. For each of the following questions, you will need to IRAC one issue.

1. What mens rea did Able and Ben have concerning the killing of their boss?

2. What mens rea did Able have concerning the customers he killed?

3. As a party to the crime, how is Able's role described under the common law classifications?

4. As a party to the crime, how is Ben's role described under the common law classifications?

5. As a party to the crime, how is Carl's role described under the comm law classifications?

6. Under what theory of liability can Ben be guilty of the murders?