Confirm favorite deletion?
Criminal Law Keyed to Osler
United States v. Maloney
Citation:71 F.3d 645 (7th Cir. 1995)
Defendant was a judge in Cook County from 1997 to 1990. During that time he took bribes to fix four cases and obstructed justice in relation to those crimes. Generally they were accomplished with the help of a bailiff, Lucius Robinson. However there was suspicion of the bailiff, so the defendant started working with his former coworker Robert McGee to organize the bribes.
The final bribe charge deals with the indictment of Hawkins and Fields for murdering two men. The defendant was assigned to the case and the attorney for the defendants told his clients who were gang members that he could help to fix the outcome of the case. The Judge agreed through McGee to fix the trial as long as the defendants put on a good case so the judge would not look bad. There is evidence that one of the gang leaders showed up to the trial with a bulge of cash in his pants that he gave to McGee. McGee then gave it to the defendant. After the prosecution’s case, the defendant was apprehensive because it was so strong so he gave the money back to McGee and said he would still consider it if there was a good defense. There was not, so he did not take the money back and convicted the defendants.
Defendant argues that because he gave the money back he abandoned the criminal enterprise and cannot be convicted on that count.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*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.
Issue(s):Lists the Questions of Law that are raised by the Facts of the case.
Holding:Shares the Court's answer to the legal questions raised in the issue.
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.