Prepare:
Read: Dressler 63-79
Do Problems 1-5
Think about what elements must be proven and how the prosecution will go without proving each of them. Who has the burden of proof on each issue and what is that burden? How will the party who has the burden meet it? Which of the defendants is likely to be convicted or acquitted? Why? What defenses do you expect, and who has to prove/disprove them? As you analyze these problems, pay attention to the process you are using to do so.
What are the various kinds of elements you see in these criminal statutes?
In Class: Review of Problems
Reflect:
Think about the remaining two problems in light of what we discussed. How, if at all, would you change your analysis?
Can you begin to develop a "roadmap" or "recipe" for interpreting criminal statutes (a series of questions you should ask, in a particular order, to guide your analysis)? It's a good idea to begin to do so now. You can then revise it as we continue with our analysis and begin reading cases that expand our understanding of the elements of just punishment.
After having worked on applying statutes to facts, what do you think makes a criminal statute fair and appropriate. What are the necessary elements? How should they be defined to ensure that only those who are truly culpable are subject to criminal punishment? How can ambiguity be avoided, and what should happen when a statute is ambiguous? Think about how you can relate the "no vehicles" problem to the problems we have just completed. You are now ready to begin serious study of the elements of just punishment.
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