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Criminal Law Keyed to Johnson
State v. Sein
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*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- 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.
- Case Doctrines, Acts, Statutes, Amendments and Treatises: Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- 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:
The original 1979 robbery statute, N.J. Stat. Ann. § 2C:15-1a, stated that a person was guilty of robbery if, while committing a theft, the person injured or threatened another. In 1981, the legislature amended the robbery statute providing that a person was guilty of robbery if, while committing a theft, the person inflicted bodily injury or used force upon another. Edythe Williams was carrying a purse under her arm and unlocking her car when Francisco Sein (Defendant) walked up behind Williams, reached across her, slid the purse out from under her arm, and ran away. There was no evidence that Defendant used any force other than the force used in sliding the purse out from under Williams’s arm. Defendant was later arrested and charged with robbery under the 1981 amendment of the N.J. Stat. Ann. § 2C:15-1a. At trial, Defendant moved for a judgment of acquittal, arguing that the case should proceed only on the lesser-included offense of larceny from the person, defined as the unlawful taking of the moveable property of another with the intent to deprive the other of that property. Defendant contended that he had not used force against Williams’s person in taking the purse and that force was required for a robbery conviction. The State argued that the legislature had intended for the force used to remove a purse from a victim to be sufficient to constitute a robbery. The trial court denied Defendant’s motion, and the jury convicted Defendant of second-degree robbery. The court of appeals reversed and ordered that Defendant be convicted and resentenced for the lesser offense of larceny. The State appealed.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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- Concurring / Dissenting Opinions: Includes valuable concurring or dissenting opinions and their key points.
- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
- Policy: Identifies the Policy if any that has been established by the case.
- Court Direction: Shares where the Court went from here for this case.