Understanding Criminal Evidence (Aspen College)

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The prize, awarded every two years, has brought a new level of public attention to community colleges, defined new measures of excellence in outcomes for community college students, and uncovered and disseminated practices that help exceptional colleges ensure great outcomes for their students.

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The top is the first step in the process for awarding the prize in March The Aspen Institute used publicly available data to narrow the pool down from more than 1, community colleges to only eligible institutions. Alpena Community College and other community colleges were selected from a national pool of over 1, public two-year colleges using publicly available data on student outcomes in three areas:. Alpena Community College has been invited to submit an application to the Aspen Prize for Community College Excellence containing detailed data on degree and certificate completion including progress and transfer rates , labor market outcomes employment and earnings , and student learning outcomes.

Ten finalists will be named in fall The Aspen Institute will then conduct site visits to each of the finalists and collect additional quantitative data. The person who must respond to the petition, that is, the winner in the lower court, is called the respondent. A person who files a formal appeal demanding appellate review as a matter of right is known as the appellant.

His or her opponent is the appellee. The name of the party initiating the action in court, at any level on the judicial ladder, always appears first in the legal papers.

Tatum and his friends became plaintiffs and the case was then known as Tatum v. The Tatum group lost in the District Court and appealed to the Court of Appeals, where they were referred to as the appellants , and the defendants became the appellees. Thus the case was still known at Tatum v. When Tatum and his fellow appellants won in the Court of Appeals, Laird and his fellow appellees decided to seek review by the Supreme Court. They successfully petitioned for a writ of certiorari from the Supreme Court directing the Court of Appeals to send up the record of the case trial court transcript, motion papers, and assorted legal documents to the Supreme Court.

At this point the name of the case changed to Laird v. Tatum : Laird and associates were now the petitioners , and Tatum and his fellows were the respondents. Several church groups and a group of former intelligence agents obtained permission to file briefs written arguments on behalf of the respondents to help persuade the Court to arrive at a decision favorable to them.

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In criminal cases, switches in the titles of cases are common, because most reach the appellate courts as a result of an appeal by a convicted defendant. Thus, the case of Arizona v. Miranda later became Miranda v. These can be extensive or short, depending on the depth of analysis required and the demands of the instructor. A comprehensive brief includes the following elements:.

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The title of the case shows who is opposing whom. The name of the person who initiated legal action in that particular court will always appear first. Since the losers often appeal to a higher court, this can get confusing.

The first section of this guide shows you how to identify the players without a scorecard. The citation tells how to locate the reporter of the case in the appropriate case reporter. A good student brief will include a summary of the pertinent facts and legal points raised in the case. Sometimes, the best statement of the facts will be found in a dissenting or concurring opinion. Judges are not above being selective about the facts they emphasize. The issues or questions of law raised by the facts peculiar to the case are often stated explicitly by the court. Constitutional cases frequently involve multiple issues, some of interest only to litigants and lawyers, others of broader and enduring significant to citizens and officials alike.

Be sure you have included both. With rare exceptions, the outcome of an appellate case will turn on the meaning of a provision of the Constitution, a law, or a judicial doctrine.

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Capture that provision or debated point in your restatement of the issue. Set it off with quotation marks or underline it. This will help you later when you try to reconcile conflicting cases. For example, the famous case of Brown v. Board of Education involved the applicability of a provision of the 14th Amendment to the U.

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Of course the implications of this case went far beyond the situation of Miss Brown, the Topeka School Board, or even public education. NOTE: Many students misread cases because they fail to see the issues in terms of the applicable law or judicial doctrine than for any other reason. There is no substitute for taking the time to frame carefully the questions, so that they actually incorporate the key provisions of the law in terms capable of being given precise answers.

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Remember too, that the same case may be used by instructors for different purposes, so part of the challenge of briefing is to identify those issues in the case which are of central importance to the topic under discussion in class. The reasoning, or rationale, is the chain of argument which led the judges in either a majority or a dissenting opinion to rule as they did.

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This should be outlined point by point in numbered sentences or paragraphs. Both concurring and dissenting opinions should be subjected to the same depth of analysis to bring out the major points of agreement or disagreement with the majority opinion. Make a note of how each justice voted and how they lined up. Knowledge of how judges of a particular court normally line up on particular issues is essential to anticipating how they will vote in future cases involving similar issues.

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Understanding Criminal Evidence is a carefully designed undergraduate text featuring a case-method approach and focused solely on criminal evidence. Buy Understanding Criminal Evidence (Aspen College): Read 2 Kindle Store Reviews - goystofetel.ga

Here the student should evaluate the significance of the case, its relationship to other cases, its place in history, and what is shows about the Court, its members, its decision-making processes, or the impact it has on litigants, government, or society. Look for unarticulated premises, logical fallacies, manipulation of the factual record, or distortions of precedent. Then ask, How does this case relate to other cases in the same general area of law?

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What does it show about judicial policymaking? Does the result violate your sense of justice or fairness? How might it have been better decided? Many of the guides to legal research and writing include a discussion of student briefs, appellate briefs and other types of legal memoranda used by practicing attorneys. Examples and more information can be found in the library books listed below:. Created by C. Pyle, Revised by K. Killoran, and by M. Richards, Home Students Tutorials How to brief a case. Appellate brief An appellate brief is a written legal argument presented to an appellate court.

Student brief A student brief is a short summary and analysis of the case prepared for use in classroom discussion. The parties and how to keep track of them Beginning students often have difficulty identifying relationships between the parties involved in court cases. The following definitions may help: Plaintiffs sue defendants in civil suits in trial courts.

Student briefs These can be extensive or short, depending on the depth of analysis required and the demands of the instructor. Title and Citation The title of the case shows who is opposing whom.