Class 9 - Introduction To Criminal Lawyering

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:

  1. What have you learned about the construction and interpretation of criminal statutes? What additional arguments are available when construing criminal statutes?
  2. Are you paying enough attention to process?  Have you begun to develop a methodology for interpreting statutes?  Should you begin to "outline" that approach?
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