Week 3 Discussion 1

Hello.

Certain acts that are in preliminary, anticipatory, or inchoate crimes are considered illegal based on the fact that preparations have been made to commit an act of criminality against a person, business, structure or object. Determining if a preliminary crime has been committed is whether sufficient planning has been done or attempted. The next step is solicitating or incitement to commit the crime.

The justification for the requirement by some conspiracy statutes for evidence of an overt act by one of the co-conspirators is to support the proof of criminal activity. An overt act or proof of an act is not necessary because the underlying crime is a felony of the first or second degree. Case to support: United v. Shabani (115 S. Ct. 382).

FURTHER:

According to the Federal Conspiracy Law <18 U.S.C. { 371> makes it
plan that proof is needed of an overt act done in furtherance of the
criminal conspiracy that is charged.

Thank you.

Felicia

Everyone- From Teacher – Zara Sette

Think about how to research for a case such as this if you were the paralegal everyone?

What would your research include?

The essentials to the analysis of a legal problem: Establishing the key elements IRAC; identify the legal issue/s; identify the Rule of law that governs the issues; Analysis and application of the Rule of Law and the facts to the case and a conclusion that summarizes the previous steps.

Look for primary authority first and secondary authority when primary does not exist.

Be certain to consider counter arguments to the analysis in order to be prepared for opposing counsel.

Stay focused, maintain intellectual honesty and know when to stop researching.

Hello Ms. Sette.

I would probably began my research with the following:
1. Details of arrest (scenario)
2. Comparison of cases similar to support winning
3. Question to ask - in anticipation
4. Cross-examination questions
5. Alternate method to win case
6. Every rule ever written that may apply to case

This would be a starting point and if need for continuance I would continue.

Thank you.

Felicia