How do you approach a crim law fact pattern? Forum

[paulshortys10]

what sorts of things do you instinctively look at and ask?
For example. 1) is there a body?(look at homicides) 2) are there other crimes involved (look at felony murder rule) 3) how many criminals/accomplices involved?(start looking into conspiracy/accomplice) 4) were there failed attempts?(look at attempts) 5) is there a defense?

I'm trying to come up with some sort of checklist of things to look for and ask myself.

[cmartin5970]

I'm working on the same thing and that sounds right. Also consider looking at whether it is a crime against a person or property. My professor also said to look out for quotes listed on the lecture, because that will usually lead to solicitation or conspiracy.

[hyakku]

what sorts of things do you instinctively look at and ask?
For example. 1) is there a body?(look at homicides) 2) are there other crimes involved (look at felony murder rule) 3) how many criminals/accomplices involved?(start looking into conspiracy/accomplice) 4) were there failed attempts?(look at attempts) 5) is there a defense?

I'm trying to come up with some sort of checklist of things to look for and ask myself.

Don't forget to always look at and analyze the "encompassed" inchoates for attempt with multiple actors (for lack of a better term, never knew what to officially call them), unless your teacher just wants straight to the point analysis or you've got a word count. What I mean is, if there's an attempt, there's almost always going to be a solicitation, and if there's a solicitation there's almost always going to be a conspiracy / complicity analysis involved there (which you've got partially covered in three). Not sure how your teacher is but even if there is an attempt I know my professor wanted us to at least note the quick analysis for those encompassed inchoates that go into attempt generally. Complicity obviously won't always apply for attempt crimes when there aren't multiple actors but you seem to understand that already anyway. Good luck.

[dannynoonan87]

bump

this is helpful

feel free to add more

[paulshortys10]

bump

this is helpful

feel free to add more

yea also things that naturally could go together in a fact pattern. For example. felony-murder rule and accomplice liability. a big list of these would be helpful to always keep in mind and have on the side.