Explain the role of the Constitution in the development of criminal law
Explain Constitutional Limits
Develop the ability to understand case law and research cases
Understand how to write a case brief using the IRAC method
Case Studies Method
Uses a court decision to exemplify principal of law
Employs “hub-and-spoke” discussion between Professor and Students - known as the Socratic Method
Analyzes the dilemma after it has been resolved
Types of Legal Authority
Primary
Includes actual rules of law created by the government
Examples: Constitution, statutes, codes (from the legislature), case opinions (from courts), and regulations (from administrative agencies)
Secondary
Explain or comment on areas of law
Examples: Law review articles, treatises, hornbooks, or legal encyclopedias
Do not use for citing, only for understanding a certain legal topic.
Courts do not consider this persuasive.
Mandatory or Binding Authority
Comes from your jurisdiction
Examples: Supreme Court of Massachusetts, Appeals Court of Massachusetts.
Lower courts must follow decisions from higher courts in same jurisdiction.
Persuasive Authority
Holdings come from other jurisdictions or lower courts in same jurisdiction
Case Brief: Part 1 - Heading
Case Name - Robinson v. California
Court Name - United State Supreme Court
Citation - 82 S.Ct. 1417 (1962)
Decision Final Date - 1962
Case Brief: Part 2 - Facts
State the relationship and status of the parties, i.e., plaintiff / defendant.
State legally relevant and procedurally significant facts: actions that brought the parties to court.
Case Brief: Part 3 - Procedural History
Decisions made in lower court before getting to the appeals level
Case Brief: Part 4 - Substantive Issue
What is the point of law in dispute?
Usually in a form of a questions or starts with “Whether.”
This is what the parties are asking the court to resolve.
Case Brief: Part 5 - Procedural Issue
This is what the appealing party claims the lower court got wrong.
Examples: Incorrect ruling on evidence, improper jury instructions, granting summary judgment when a genuine issue of material facts existed, miscarry of justice.
Case Brief: Part 6 - Disposition / Judgment
This is the court's final decision, usually in a form of Affirmed, Reverse, or Reverse with instructions.
Case Brief: Part 7 - Holding
This is a positive or negative statement from the court regarding the final decision on the substantive issue.
Case Brief: Part 8 - Rule of Law
The court will cite a statute, case law, regulations, or a synthesis of case law, which the court applied in order to determine the substantive rights of the parties.
Case Brief: Part 9 - Reasoning
This is the court's analysis of “why” it is ruling this way.
The court will apply the rule of law or legal reasoning to the facts of the case.
Case Brief: Part 10 - Concurring / Dissenting Opinions
In cases, such as Supreme Court cases, the cases are heard by more than one judge.
Many times judges do not agree on the outcome of the cases.
When a judge disagrees, he will write a dissenting opinion of why the judge believes the court ruled incorrect.
When a judge agrees with the reasoning of the majority but states an opinion based on his/her own opinion.
IRAC Method
Method of writing a law analysis essay
I = Issue - What is the issue of the case? Usually starts with a question
R = Rule - Defines the legal rules that are relevant to the question
A = Analysis - Apply the legal rule to the facts of the questions
C = Conclusion This is how you think the court will rule.
Example of Criminal Law Essay
A scenario involving Lisa, Darleen, Maryfrances, Bensen, Kevin, Molly, and Dr. French, each potentially committing various criminal acts.
The scenario involves a museum visit where various incidents occur, leading to potential criminal liability for multiple parties. Includes acts of pushing, shoving, theft, and medical malpractice
Constitutional Requirements
Fair warning and avoidance of arbitrary and discriminatory enforcement.
Cannot encourage random choices or erratic arrest and convictions.
No Ex Post Facto Laws
Does not deprive the offender of judicial trial
Elements
Make an act criminal when it was first done
Make the crime worse or increase the punishment
Change the rules of evidence
Change the law procedure which will deprive the criminal substantive rights (life, liberty or happiness)
No Bill of Attainder
This is a legislative act that will inflict punishment or denies a privilege with a judicial trial.
Overview of Criminal Law
What society and government believe what is a crime and how punishment should be made fines, probations or imprisonment.
Federal Statutes, State Statutes, City Regulation
Crime - Mental State (Mens Rea) or Intent (Actus Reus)
Criminal Law Players
Accused, police, prosecuting lawyers, bails bondsman, defense attorneys, judges, witnesses, grand jury, probation, and correction officers.
Stages of Criminal Process
Probable cause, investigate, arrest, convictions, Constitutional Rights, Fundamental Rights
Outcome of Criminal Case
Charges, guilty, not guilty, plea bargains, bench and jury trials.
Burden of Proof
Prosecutor must prove beyond a reasonable doubt all elements.
Example: Burglary
Break
Enter
A dwelling
At night
With the intent to commit a felony (crimes that has a potential prison term of more than one year)
Felonies
Include rape, murder, kidnapping, arson, sale of Illegal drugs and grand left. Note that the correct term is Grand Larceny. Not Grand Left.