Outline - Professor Jennings PDF

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Ashley Maderos POLI 351: Criminal Law Professor Jennings 11/03/15 Outline I. Introduction A. Include summary of brief facts and brief introduction to the question presented (exclude the holding) B. Brief thesis, which will include the argument presented and the question as the judge will provide II. Summary of Facts A. Summary of the Crime- Before the indictment 1.What the petitioner was indicted for (explain in detail) a. Statutory Rape & the taking of indecent liberties with a child i. Include dates ii. Court details the attorney’s provide on trial 2. How he pleaded and why he pleaded guilty a. What went on during the trial b. The details that matter for the outcome 3. Sentenced a. What he was sentenced for and how long b. Why was this sentence appropriate for the defendant B. Summary of the Court1. What the court said about the trial and the process a. North Carolina Department of Correction statement b. How the court convicted the petitioner (Personal statements of judges that matter) C. Summary of the petitioning- After the crime time 1. The second crime he committed in statesa. In 2010, failure to maintain his address with NC i. The petitioner was sentenced with an active term (Explain in full detail according to the court documents) 2. Petitioner’s counsel conceded details a. The GPS monitoring device (why this was mandated for the petitioner) i. What it was- 24/7 tracking device (explain in detail) ii. Why he was sentenced with it iii. The inhumanity of it (why the counsel thought this way) b. Why the court is re- questioning the sentence of the GPS monitoring device D. List specific cases for references 1. Other cases listed as well- US vs. Jones, et cetera 2. Reference those cases E. The denying of the petition 1. List reasons for why the petition was denied 2. The Courts reasons and facts

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F. The decision itself and the criteria for why the decision was declared II. Question Presented A. List question of the trial court B. Question of the Supreme Court C. The question being presented now- Whether North Carolina’s satellite-based monitoring program for recidivist sex offenders constitutes an unreasonable search and seizure. III. Holding A. The Holding from the trial court before 1. Why it is being passed to the Supreme Court followed by being past down B. Holding from the actual question being presented now (own personal statement of the holding) IV. Rational A. The Fourth Amendment stated and the rational behind the Amendment 1. The definition of search a. What concludes as a “search” b. The definition of a body search i. Does a body GPS conclude as a search c. Explain Probable Cause 2. The not intent to punish or cause embarrassment a. Smith vs. Doe explain b. Explain the rule of the outcome 3. Other laws that guides the situation explain B. Smith vs. Doe (Ex post facto laws not violated) 1. Others laws not being violated 2. Use other examples of cases C. Jones vs. U.S. 1. Talk about the case and the rational behind the case D. Search Reasonable vs. Unreasonable 1. Why it was reasonable or unreasonable 2. Laws behind the rational of the “search” 3. What constitutes as a search (explain more in depth from section A) E. What the trial court judge had considered in deciding the decision of the majority V. Application A. Re list all the facts of the trial and the case B. Re list the holding of the actual question that was presented in the case C. Connect the facts with the holding of the rational and include a brief application of how the arguments connect to the case VI. Conclusion A. Re state the question and the holding (briefly) B. End of thesis

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