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Part 1 Case study The case brief should include the following major categories. I am including a link to information from LexisNexis on writing case briefs. Format the brief so I can easily identify t
Part 1
Case study
The case brief should include the following major categories. I am including a link to information from LexisNexis on writing case briefs. Format the brief so I can easily identify these sections.
How to write a case brief.
Facts of the Case:This is a summary of events that provide context to the issues discussed in the appeal. This most often includes a summary of events which lead to an arrest and trial of the defendant. It should also include some of the arguments made by the parties in the case which are related to the reason for the appeal. For example, a person may be arrested for possession of a controlled substance. His attorney may have argued that police conducted an illegal search and the evidence should be suppressed and not used against him during the trail. After the defendant’s conviction, this objection provides the basis for the defendant’s appeal to an appellate court. This summary should include a description of reasoning and ruling of all the lower courts involved in this case. For example, a case which has made it to the Supreme Court will have moved through more than one appellate court first. Describe each court’s decision on the issue. This summary may also include the original trial court judge’s ruling on the issue and possibly that trial court judge’s reasoning.
Procedural History:Each appellate case will have a legal basis for appeal in which one of the parties involved in the case will assert that an error was committed during the original trial. Using the example above the defendant’s attorney may argue that the conviction of his client should be reversed because of a violation of his client’s rights. Other precedents (previous cases) may be cited in making this argument. Be sure to include the precise error alleged to have been made. (e.g. 4th amendment right to be free from unreasonable searches)
Judgment:This is the outcome of the case. The final decision handed down by the highest appellate court. Was the original outcome of the trial court affirmed, reversed, remanded, modified, etc? In addition to the ruling, including the court’s reasoning behind the ruling citing any precedent the court relied on. If there is a dissenting opinion (judges on the court who do not agree with the majority decision), please include their reasoning.
Your Thoughts and Opinion: This is where I want to hear your own opinion or ideas about the case. Make it at least a paragraph but more is better. Is this a good/bad decision? Do you think there will be unintended consequences because of this decision? You are not confined to any particular issues in this section as long as you explain and justify your opinion.
New York v. Benjamin Quarles467 U.S. 649 (1984))| FindLaw
Part 2
These are the materials you will need for this course:
· Samaha, J.Criminal Procedure, 10th, Cengage.
Chapter 13 -North Carolina v. Alford
1. Did Henry Alford knowingly and voluntarily plead guilty?
2. Consider the dissent's comment that Henry Alford was "so gripped by fear of the death penalty" that his decision was "the product of duress." Should defendants ever be allowed to plead guilty if they believe they're innocent? Why or why not? Back up your answer with arguments from the majority and dissenting opinions.
3. Do Alford pleas promote the accuracy and sorting criminal procedure.
Chapter 14 -Lockyer, Attorney General of California v. Andrade
1. How does the majority know that the three-strikes law isn't cruel and unusual?
2. How does the dissent know that it is cruel and unusual?
3. Are their opinions purely subjective, or are they based on some standards? If so,
4. what are the standards?
5. Should the California legislature or the U.S. Supreme Court decide whether punishments are cruel and unusual? Explain your answer.
6. Do you believe 25 years to life is "grossly disproportionate" to Leandro Andrade's crime? How do you know whether it is or isn't?
Part 3
These are the materials you will need for this course:
· Samaha, J.Criminal Procedure, 10th, Cengage.
Chapter 15 -U.S. v. M. Farah and Others
1. List all the facts and circumstances relevant to prove there was probable cause to issue the search and arrest warrants.
2. In your opinion, do you believe there was probable cause to deny bail to each of the defendants? Back up your answer
3. with details from the affidavit and from the relevant text in Chapter 12.
4. Do the defendants have a reasonable expectation of privacy in their tweets, texts, and emails? Back up your answer with details from relevant sections of Chapter 1, and sections in this chapter.
5. In your opinion, should it matter where each of the defendants was born? Defend your answer.
