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Criminal Law keyed to Dripps
Baldwin v. New York
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- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
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- Brief Facts: A Synopsis of the Facts of the case.
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- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
Baldwin (Defendant) was arrested for jostling in New York. Jostling is considered a misdemeanor in violation of New York Penal Law § 165.25. According to § 165.25, a person is guilty of jostling when “he intentionally and unnecessarily places his hand in the proximity of a person’s pocket or handbag” in a public place, or when he “crowds another person at a time when a third person’s hand is in the proximity of such person’s pocket or handbag” in a public place. Pursuant to § 40 of the New York City Criminal Court Act, Defendant’s trial was conduct without a jury in New York City Criminal Court because all trials were conducted without a jury per §40. Defendant moved for a jury trial and was denied this right. Defendant was then convicted of jostling and sentenced to prison for one year. Defendant appealed and argued that § 40 was unconstitutional for denying him the opportunity for a jury trial. Subsequently, the United States Supreme Court granted certiorari.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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