Criminal Law Case Briefs

Each court case involving a criminal violation of the law is going to differ in some respect. From the facts of the case to the reasons behind the court's decision regarding the final outcome of the case, every court case is unique in some way. While past criminal law cases set precedents that have been used to determine the outcome of court cases for many years, other more current criminal law cases have set new precedents for future cases. Criminal law case briefs are written in an effort to uncover the nuances of various criminal court cases. Case briefs provide an outline for the court case and include several important elements.

Elements important to criminal law case briefs include: case name and roles, procedural background, facts, legal issues, court's decision or holding. The case name indicates the parties involved and identifies each party as either the plaintiff or the defendant. The procedural background identifies the court in which the case is being heard or has been heard. If the case is being appealed, the procedural background will include information in regard to the trial court such as the disposition of the case and the court's rationale for its decision. The facts in a case brief are generally abbreviated and concise and include information such as the description of the crime. Legal issues included in a case brief encompass those legal questions generated by the case that the court tried to answer. The court's decision or holding is essentially how the case was resolved and the actions taken by the court.

Case briefs help criminal law attorneys ascertain the precedents set by earlier criminal court cases and assist them in formulating strategies for their client's defense. These briefs are important as they help lawyers understand what questions need to be asked in the case, if precedents need to be challenged, and if precedents need to be challenged how to do so.