Model brief-Criminal Procedure

Model brief-Criminal Procedure - : Was there a majority...

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Dr. Susan Mezey September 2010 Model Brief: Criminal Procedure Cases The purpose of a brief is to reduce a case to relevant details. Most of the following information should be included in each brief: 1. The Facts : What is the crime for which the defendant was convicted;* what was the evidence against the defendant; how was it obtained? Was the defendant convicted in a state or federal court? Was there a jury trial? Was it a sentencing hearing? 2. The Issue : What constitutional right was involved? What was the defendant’s argument? What was the government’s argument? 3. The Decision
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Unformatted text preview: : Was there a majority opinion; what was the vote? What was the outcome of the case (that is, did the Court side with the government or the defendant)? 4. The Reason : Why did the Court reach this decision; what was the vote, which justices were in the majority; which justices were in the minority; did the Court overturn precedent? 5. The Concurrence : Were there any concurring opinions? If so, which justice(s) and why? 6. The Dissent : Were there any dissenting opinions? If so, which justice(s) and why? * It is best to use the defendant's name in your brief....
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