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Criminal law case analysis
Posted: Thu Aug 26, 2010 4:50 pm
by rowlf
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?
Re: Criminal law case analysis
Posted: Thu Aug 26, 2010 9:33 pm
by UrbanAchievers
Theories of punishment:
http://en.wikipedia.org/wiki/Punishment
Federal sentencing guidelines:
--LinkRemoved--
Re: Criminal law case analysis
Posted: Sat Aug 28, 2010 4:06 am
by Dman
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

Re: Criminal law case analysis
Posted: Sun Aug 29, 2010 7:28 pm
by rowlf
Thanks! Very helpful.
Re: Criminal law case analysis
Posted: Sun Aug 29, 2010 7:43 pm
by LAWYER2
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

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