Criminal law case analysis Forum

(Study Tips, Dealing With Stress, Maintaining a Social Life, Financial Aid, Internships, Bar Exam, Careers in Law . . . )
Post Reply
User avatar
rowlf

Bronze
Posts: 111
Joined: Mon Aug 10, 2009 3:55 pm

Criminal law case analysis

Post by 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?

User avatar
UrbanAchievers

Bronze
Posts: 132
Joined: Wed Jan 06, 2010 4:02 pm

Re: Criminal law case analysis

Post by UrbanAchievers » Thu Aug 26, 2010 9:33 pm

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

Federal sentencing guidelines:
--LinkRemoved--

Dman

Bronze
Posts: 112
Joined: Wed Nov 26, 2008 11:28 am

Re: Criminal law case analysis

Post by 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

User avatar
rowlf

Bronze
Posts: 111
Joined: Mon Aug 10, 2009 3:55 pm

Re: Criminal law case analysis

Post by rowlf » Sun Aug 29, 2010 7:28 pm

Thanks! Very helpful.

User avatar
LAWYER2

Silver
Posts: 580
Joined: Fri Jul 16, 2010 9:15 pm

Re: Criminal law case analysis

Post by 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!

Want to continue reading?

Register now to search topics and post comments!

Absolutely FREE!


Post Reply

Return to “Forum for Law School Students”