In this blog we are asked to discuss a previous paper we have written for our major at USM. I'm choosing a case brief. I'm not sure if this is the one I'll be using for my project, but Its one I clearly remember and I can easily do for this blog. In this case brief, Miranda V Arizona, which outlines your Miranda Rights.
Case briefs are important. They can teach you the precedent of the court and all the information behind it in just a few short pages instead of multiple hours of courts and discussions. The brief is usually written from an outside point of view only describing what has happened. A dissention at the end of the brief is the only place an "opinion" is allowed. These are usually from Supreme Court judges who disagree with the ruling. In this example, Miranda V Arizona, Enesto Miranda was arrested for rape and robbery and sentenced to 20 years in prison. Miranda appealed and argued that he was not told he had the write to an attorney. This lead to a guilty confession and a harsh penalty. This case protects the fifth amendment and the write to not self incriminate yourself. If Miranda would have had an attorney he wouldn't have given the police a full confession to screw himself.
The authors of case briefs are usually attorneys or judges. They are technical and involve alot of terminology and abbreviations. These would be hard to understand to anyone outside the profession. I don't see how they (not their rulings) could be use to anyone but attorneys looking for trivial information on precedents. Even our teachers get sick of having to read them. But they do accurately describe the decision and the reasoning behind it. Case briefs can include the case history (how the defendant came to be incarcerated), the Issues behind the case, Applicable law, the results of the case, and the rational behind the decision. It also can include opinions of the Judges.
I feel like the writer of the brief of Miranda v Arizona did a good job getting the point accross. Even if the brief is technical and the regular joe might not be able to grasp its concept the first time through, anyone educated in the field would clearly be able to describe its precedent. This is one of the most famous, and arguably important, United States Supreme Court hearings. It changed everything from police procedure to court decisions and applies to everyone. I can't really suggest how the author could have made the document better, because it's such a technical piece of writings it would be hard to change any of it. The author clearly described the history of the case and the rulings of the court. I also feel the author expresses the courts mentality over the subject well by being short and to the point in the writing.
Monday, September 14, 2009
First Blog
Well, I finally got my blog up. My laptop got a virus and died so it took me a while to be able to do anything but I finally got it all fixed, after a long, expensive, week with geeksquad. Unforutanetly Barnes and Nobles has yet to get my english book so I know I'm still behind on the pre/post tests. But yeah, on to the first blog.
My major is Administration of Justice. In this field i'm expected to know how to both read and write something as small as a police report to a full United States Supreme Court case brief. Both of these documents very in construction and length. It's very important in both these documents for the author to be clear and to the point. Police reports need to accurately describe something that has happened, because if information is left out it could mean freedom for the guilty on a technicality. Case briefs describe previous court rulings. These usually are very long and stacked with information. It's important to me that I learn how to both read them effeciently and effectively and write them clearly and to the point.
Writing has always been an important way for me to communicate, but writing with good grammar broke down when I became a regular internet user. I noticed after using things like facebook, the habit of capitalization and correct spelling went out the window. In high school I decided to concentrate on my writing so I took a few creative writing courses. These courses helped a little, but they were so stressed on busy work that I barely concentrated on it and didn't really improve. I'm hoping this class will inspire me to improve my writing.
My major is Administration of Justice. In this field i'm expected to know how to both read and write something as small as a police report to a full United States Supreme Court case brief. Both of these documents very in construction and length. It's very important in both these documents for the author to be clear and to the point. Police reports need to accurately describe something that has happened, because if information is left out it could mean freedom for the guilty on a technicality. Case briefs describe previous court rulings. These usually are very long and stacked with information. It's important to me that I learn how to both read them effeciently and effectively and write them clearly and to the point.
Writing has always been an important way for me to communicate, but writing with good grammar broke down when I became a regular internet user. I noticed after using things like facebook, the habit of capitalization and correct spelling went out the window. In high school I decided to concentrate on my writing so I took a few creative writing courses. These courses helped a little, but they were so stressed on busy work that I barely concentrated on it and didn't really improve. I'm hoping this class will inspire me to improve my writing.
Subscribe to:
Posts (Atom)