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Criminal Law keyed to Dripps
People v. Hansen
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*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
- Case Doctrines, Acts, Statutes, Amendments and Treatises: Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
Hansen (Defendant) gave Echaves $40 to go into an apartment building and obtain some crystal meth for him. Echaves took the money and fled the scene instead. Defendant became enraged and picked up a handgun on his way to Echaves’s apartment to confront Echaves. Defendant drove up in front of Echaves’s apartment and began firing shots with the handgun, striking and killing Diane, a thirteen-year-old child inside the apartment. Defendant was charged with and convicted of second-degree felony murder, a crime defined as a killing that occurred during the commission or attempted commission of a felony inherently dangerous to human life. The underlying felony was discharging a firearm at a dwelling. Defendant appealed, and the court of appeals affirmed the conviction, holding that discharging a firearm at a dwelling was a felony inherently dangerous to human life. The court of appeals also held that the discharging of a firearm into a dwelling did not merge into the second-degree murder charge under the merger doctrine. Defendant appealed to the California Supreme Court.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
- Holding: Shares the Court's answer to the legal questions raised in the issue.
- Concurring / Dissenting Opinions: Includes valuable concurring or dissenting opinions and their key points.
- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
- Policy: Identifies the Policy if any that has been established by the case.
- Court Direction: Shares where the Court went from here for this case.