Criminal law case analysis

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rowlf
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Joined: Mon Aug 10, 2009 3:55 pm

Criminal law case analysis

Postby rowlf » Thu Aug 26, 2010 4:50 pm

How to approach the state's position? Obviously, defendant wants as little punishment as possible. But what does the state want? To maximize it?

Basically, how does criminal law warrant a different way of consideration as opposed to civil law classes?

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UrbanAchievers
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Re: Criminal law case analysis

Postby UrbanAchievers » Thu Aug 26, 2010 9:33 pm

Theories of punishment:
http://en.wikipedia.org/wiki/Punishment

Federal sentencing guidelines:
--LinkRemoved--

Dman
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Re: Criminal law case analysis

Postby Dman » Sat Aug 28, 2010 4:06 am

I always approached it as the state wanted to get as many possible charges and to go for the most grievous charge possible. Meaning if you were talking about murder, then the state is looking to prove first degree murder (pre-meditation and deliberation) and if that is likely to fail then go for second degree, then manslaughter, etc. Then you try to hook in all possible accomplice, conspiracy and Pinkerton doctrine to tack on even more charges.

That way my strategy and I got through with a solid A. It should be noted my Prof was an ex-NY DA and was very anti defendant, so I am sure that helped :P

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rowlf
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Re: Criminal law case analysis

Postby rowlf » Sun Aug 29, 2010 7:28 pm

Thanks! Very helpful.

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LAWYER2
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Re: Criminal law case analysis

Postby LAWYER2 » Sun Aug 29, 2010 7:43 pm

Dman wrote:I always approached it as the state wanted to get as many possible charges and to go for the most grievous charge possible. Meaning if you were talking about murder, then the state is looking to prove first degree murder (pre-meditation and deliberation) and if that is likely to fail then go for second degree, then manslaughter, etc. Then you try to hook in all possible accomplice, conspiracy and Pinkerton doctrine to tack on even more charges.

That way my strategy and I got through with a solid A. It should be noted my Prof was an ex-NY DA and was very anti defendant, so I am sure that helped :P



yup! Start from the highest possible chargeable offense then work you way down till it fits!




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