Working with Cases The text-case method.

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Presentation transcript:

Working with Cases The text-case method

Combining text with actual cases The text explains the content of Criminal Law or Procedure in general terms It is accompanied by official cases in excerpts from court opinions Demonstrates how general principles are applied in real-life situations

Basics Cases usually involve appeals of findings of guilt from a trial court Some arise from guilty verdicts after trials Many after admissions (pleas) of guilt A not guilty verdict doesn’t mean innocence A guilty verdict means the state has proved guilt beyond a reasonable doubt Legal and factual guilt/innocence can differ

More basics Sometimes, after a finding of guilt in the trial court, the finding is appealed to an appellate court Acquittals usually can not be appealed Most states have two levels of appellate courts, Intermediate and Superior

Analyzing cases Divide review into discrete steps Facts – real life events that led to charges Issue – question appellate court must decide Arguments – each side’s position Holding – decision Rationale – Appellate court’s explanation for ruling

Facts The story itself – what did the defendant do? Chronological Intent (if it matters) Circumstances (if necessary) Harmful result Any recognized justification or excuse? Procedural history

Bond vs. United States What happened? Where? What law was applied? What happened in the trial court? Why did the defendant appeal? How did the state respond? What did the Supreme Court decide? Why?