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How to Spot Issues in a Criminal Scenario

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Here is 1 main essay questions has part of my sample essays. Please help answer the questions. See the attachment.

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Solution Summary

This is an example of how a criminal scenario is analyzed and issue spotted in order to determine which California Criminal Code was violated. Once the elements of the crime is identified, then the student can determine what the defenses may be. The main purpose in the document was to help the student identify issues.

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SPOTTING POSSIBLE CRIMINAL ACTS
I went over the scenario posted and broke down each fact from the case. Then I looked over the California Penal Code and considered whether the facts fit the elements of the crime. Once you can identify the penal code violated, then can consider whether each element exists. Determining whether the elements exist will also determine what defense can be used.
1. Met to hatch a plan to break into co-worker's home...Alex & Brian; can they be charged with pre-meditation of a criminal act?
2. Included Drew who had the tools to break in. Recruiting someone to do a crime? Is that added charges under the California Penal Code.
3. Brian & Drew broke into the home Burglary. Do the elements of Penal Code 459, 460 fit the facts of the scenario? i.e. in Ca Penal Code Sec 459: 1. Every person who enters any house; 2. With intent to commit grand or petit larceny or any felony = Guilty of Burglary. 3. House used for dwelling purposes, whether occupied or not.... HOWEVER, since subsequently it turns out that Evan was in the house, does it become ROBBERY as described in Ca Penal Code ...

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