how to write criminal law essay

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Whodunit? Solving the Mystery of Writing a First-Rate Criminal Law Essay Exam

I was leaving the post office one day and I saw a license plate that was an acronym for Nancy Drew. I stopped to admire the plate because it immediately took me back to when I was young and would voraciously read Nancy Drew mystery novels. It reminded me that reading the books taught me how to solve mysteries. As a civil litigation attorney, I regularly apply that skill in my practice because, as I go from one case to the next, I solve one mystery at a time.  

Normally, the mystery is the extent of the wrongdoing by the opposing party. However, sometimes it is discovering the relevant facts that my client conveniently failed to share with me. Tapping into your inner sleuth will assist you with learning to write first-rate Criminal Law exam answers as well as answers in any other type of law school exam you may encounter.

Prepare to Solve Your Mystery

Preparation is essential to solving the mystery of writing a Criminal Law exam. As a law student, your preparation commences with reading and briefing all the assigned cases. This teaches you the law and how to reason. Further, it assists with preparing your study outline for the class. It also teaches you the discipline of IRAC, which is fundamental to law exam writing. 

Fleming’s is in a powerful position to assist with your law school exam preparation - as demonstrated by one of our law students receiving the only known perfect score on a Criminal Law Bar exam. The student who wrote the answer implemented what Fleming’s teaches when answering a Criminal Law exam, and the Bar Examiners rewarded him with a perfect 100 score for his presentation.  

So that you can see Fleming’s law exam methods and techniques at work for yourself, I recommend reading our recent article about this student’s impressive accomplishment: 

Bar Examiners Give Fleming’s Law Student a Perfect Score on His Essay Exam Answer  

The question, along with the student’s perfectly scored answer, is appended at the end of the article. You, too, can achieve this result with Fleming’s at your side.

Every Sleuth Needs a Partner

As Nancy Drew had her Bess Marvin, every sleuth needs a partner. For law students, legal study supplements are your Bess Marvin sidekick. Fleming’s has a wide array of supplements that can assist law students with course substantive law outlines as well as fail-safe methods and techniques for law exam writing .  

I highly recommend Fleming’s Sail Through Law School with The Exam Solution® for Criminal Law because it provides a four-hour substantive law lecture, a substantive law outline, and three essay exams with sample California Bar exam answers. This is all you need to tie together everything about the subject that you are learning in the classroom. Reviewing Bar exam answers is invaluable because they assist with how to format, weigh issues, and write persuasive analysis. One of my former students conveyed that the resources from this series really helped her prepare for her recent midterms.  

Identify the Suspects

Now that you are ready to commence your law exam writing, you must start with identifying your suspects. Therefore, the first thing you do is read the call of the question. Read it at least twice because it is imperative to understand the scope of your investigation. You must headnote and write on each call of the question separately because failure to do so will result in a failing grade. 

Examine the Crime Scene

The next step of your investigation is to examine the crime scene, which is the fact pattern for the exam. Read it twice – concentrate solely on the facts. Read it again to prepare your issue outline as outlining is imperative to your success on the exam. It tells you how many issues you have to write on, which ones are major and minor, and how to allocate your writing time so you do not run short in finishing before time is called.

Map Out the Scope of Your Investigation

When writing law school or California Bar exam answers, you must write on the issues in the order that they are spotted in the fact pattern. You strategize this when outlining the exam, which is why outlining is so crucial to your success. 

When drafting your outline make four columns, one for each part of IRAC, to ensure that you write your answer in an orderly manner - including all the required crimes and defenses. 

The first column is for the issue, the next for the rule, then the facts for your analysis/application, and the last column for the conclusion. You should abbreviate whenever possible to keep your outline time between 15 – 20 minutes.  

The example below for outlining the issue of robbery is taken from Fleming’s Writing Workbook p. 43. 

Now that you have examined the crime scene and created your outline, you are ready to write your essay answer. Think about what you want to say before beginning to write. This will help you formulate your thoughts and prevent you from rambling once you get started.

Write Your Investigation Report

A successful answer applies the relevant facts to each element of the rule to persuade the reader as to why the crime or defense succeeds or fails. What you are trying to do is answer the “why” or “why not” regarding each element of the rule, using the facts from the exam. 

As an initial matter, you must weigh the issues to ensure you have enough time for major issues such as homicide. A classic Criminal Law California Bar exam will contain a number of crimes and a homicide at the end. Generally, when there is a homicide, you will need 15 – 20 minutes to write on it because you must write on each required issue/subpart. If you run out of time to write a full homicide analysis, you will likely fail the exam because it is a heavily weighted issue. 

A superior answer will analyze the arguments of each party. You want to argue on behalf of the State first because it is prosecuting the case. Then you write the counterarguments for the defendant. 

Writing both sides will set you apart and increase your score because the majority of students only write on behalf of the prosecution. Developing this skill is essential as an attorney because you must always anticipate the arguments of the opposing party. 

There are certain issues that require writing on the common law rule as well as the modern rule or Model Penal Code. Burglary is a classic example. You must analyze common law burglary as well as the modern law distinctions because the burden of proof is lower. When writing on the insanity issue, you must always write on all four insanity excuses.  

You must write a one-sentence conclusion regarding each issue on the exam as well as an overall conclusion if required by the call of the question.

Justice Is Served

Writing a first-rate Criminal Law exam takes hard work and discipline. This can be achieved by stepping into the exam to spot and solve each mystery of whether or not the crime or defense succeeds or fails. 

Justice will be served when you write a first-class answer and receive your desired passing score. This will put you one step closer to going from law student to lawyer. 

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Criminal law is all about setting the rules and regulations for society related to what’s legally allowed and what’s not. Students pursuing this study mainly focus on various legislative approaches set for the criminal world. But when it comes to writing a criminal law essay, it gets tricky because it demands you to work on its legal rules and analyse them carefully. Students mostly find it extremely tough due to no room for a mistake there.

The following are some important statistics related to criminal law:

• The market size of legal services in 2024 is $786.51 billion , which will grow by a CAGR of 4.52%, reaching 08 billion during 2024-2029.
• The market size of crime risk reports was USD 6 billion in 2023 , which will grow to 10.12 billion by 2024 , with a CAGR of 17.7%.

Coming back towards criminal law essay writing, even the most intelligent students sometimes get lower grades in such tasks. It mostly happens due to a lack of knowledge and skills and not getting enough guidance from the instructors. In such cases, getting assistance from expert essay writers is preferable. They have the best essay writing skills, which is crucial for criminal law and morality essays to ensure 100% success.

In this step-by-step guide, we will discuss writing a perfect criminal law essay and also explore its topics and trending questions.

A Step-by-Step Guide for Criminal Law Essay Writing

Wondering how to write a criminal law essay? Follow the steps given below for a complete guide on your essay writing:

Just like the initial preparations that we often do before a function, essay writing also demands prewriting preparations. It is the phase in which students spend select their topic of research and make a proper plan to write their essays. However, you need to carefully select a topic of your choice for your criminal law essay. Right after selecting your essay topic, you should start doing research on it to cover this topic from every aspect. It will help you to fully understand your topic which will help you in the writing phase.

After that, make a proper structure for your essay and write a first draft of it. Then, give proper time for its editing and proofreading phase for success. You should also explore some strong and weak points of your topic to add more value to your essay. By following all these prewriting steps, you will be ready to start moving towards the actual essay writing.

Criminal Law Essay Structure

Just like any other law essay, criminal law also demands a complete focus on the basic essay structure to cover all the necessary criminal law essay questions and answers. For proper structure and formatting, you should consult your institute for the guidelines. A common structure that we often use for essay writing consists of the following parts:

• Abstract (if needed)

Introduction

• Three or more body paragraphs
• Analysis of your sources
• Conclusions
• Reference page

Start with Research and Analysis

Every masterpiece comes from extensive research on the topic. So, if you are serious about getting the best grades in your criminal law essay, you need to spend more time on this research phase to have a thorough understanding of the topic. In this journey, you should follow all the relevant books, literature, news, articles, journals, case laws and legal documents. Along with it, don’t forget to note down important points side by side related to your topic that you may need later.

After compiling all the data, you should examine the information for further investigation. You should find something crazy for your topic, like legal hearings, relevant case studies and arguments. Critically look at this available data from different aspects and note down all the advantages and disadvantages given in it.

Compose Your Essay Perfectly

For essay writing, you should look at the structure we have discussed above. The first step was writing a title page that mostly consisted of your name, essay topic, submission date, level of education and the name of your institute. After that, if your teachers require you to write an abstract, you should summarise the whole essay in one page for it. Then, the actual part of essay writing begins with an introduction that ends at the conclusion part.

To properly structure your criminal law essay, you should strictly follow these guidelines:

It is the actual beginning of your essay that focuses on the purpose of your study. First of all, introduce your topic of discussion, discuss the questions you will cover and then state your aims for this study. You should clearly add your thesis statement to clarify your main points of study here.

Your introduction should not be boring or confusing because it is the part that will attract your readers and encourage them to read it till the end. So, make the start of your criminal law essay engaging as much as you can.

Background Data

Here, you should add the research data relevant to your topic, such as background knowledge of the laws, case law, and legal precepts. This part shows that you have done enough research and know everything about your topic. So, to express your knowledge, you should understand it first and then state and prove your arguments with the already existing data.

Main Body Section

This is the middle part of your criminal law essay, which mostly consists of 3 or more paragraphs, typically depending on your topic and essay length. Make short and purposeful paragraphs here to concentrate on a different facet of the subject every time.

Also, provide a coherent and logical presentation of your points backed up by research-based data. During this whole process, you should keep focussing on creating a logical flow among all these paragraphs.

Analysis and Discussion

To properly discuss your topic, you should critically analyse all the legal points and arguments made in the essay’s main body. Analyse the advantages and disadvantages of each argument and discuss them as neutral. Your one-sided response will ruin your whole criminal law essay, so avoid doing such acts. Instead, you should discuss everything clearly to ensure your success in it.

It is the last writing phase where you should summarise the whole essay in a few words. It is not the abstract where we only present a summary. No, a good conclusion also includes a thesis statement and also highlights the main results of your essay. But at this point, you should avoid adding any new information because it will leave a negative impact. Furthermore, always prefer to focus on the importance of your results and also discuss the recommendations for further research here.

Add Proper References

Just like any other type of academic writing, criminal law essays also have some data from the existing knowledge that needs proper citations. You may have added a few points as proof of your answers. If you write them without giving credit to their actual authors, it will lead you towards plagiarism. Instead of doing this crime, we prefer to add references to all the data borrowed from others.

It will not only help you to avoid plagiarism but also adds more value and credibility to your criminal law essay. To add these references, you should use your institute’s citation style that your instructors have provided. It may include Chicago, MLA, APA, Harvard or any other. Furthermore, you should be consistent throughout this phase and use the same style for all the references used.

Go Through Editing and Proofreading

After finishing your first draft, give yourself some rest to ease your brain and nerves. After that, start revising and editing your criminal law essay with a fresh mind. You should read aloud to point out mistakes in your writing. To edit and proofread it well, you should mainly focus on removing all the typos, grammar, spelling and punctuation mistakes. Also, make sure that you have properly followed your institute’s writing, citation and formatting styles.

For this purpose, you can also seek law essay writing help from a legal resource, as they have years of experience in this field. They have all the expertise to write and edit your essay excellently and ensure your top grades through their work.

Top 8 Criminal Law Essay Topics

We understand that finding the right topic becomes difficult for law students especially when they working on their criminal law essay. So, to ease your burden, we have come up with a list of unique but trending topics in this field. The following are the top 8 criminal justice essay topics:

• Criminal Justice System Racism Issues
• Exploring the Role of Voluntary and Involuntary Actions in Criminal Law
• The Controversy Surrounding Involuntary Manslaughter
• Comparing Key Differences and Implications for Civil Cases and Criminal Law
• Delving into the Intersection of Morality and the Law in Criminal Justice Research
• Understanding the Law Enforcement and Ramifications for Unlawful Killing
• Analysing the Ethical, Legal, and Practical Considerations for the Death Penalty
• Exploring the Purpose of Criminal Law Protection

Criminal Law Essay Examples

The following is an example taken from research about criminal law essay writing. Robin Antony Duff from the University of Stirling is its author:

How to Answer a Criminal Law Essay Question?

As a law student, you must understand the basics behind criminal law and should have the essay-writing skills needed to solve the required questions. So, do you have a question to answer in your criminal law essay? Follow the following simplest guide on how to answer such questions:

• First of all, you should read the assigned essay topic or question many times to understand what you have asked.
• If there are some facts or stats given, read and try to understand them.
• You should mainly focus on the legal issue that your question is talking about.
• Think about or even write some relevant laws that you know about such criminal issues discussed in the given question.
• After that, you should list and analyse the important facts related to that particular legal problem.
• Match the law to the facts and analyse what the outcome would be based on this combination.
• In case you don’t understand what to do, you can seek guidance from UK-based essay writing services .

What is Criminal Law, and What is its Role?

Criminal law covers a wide range of legal matters, from minor offences to serious crimes like murder and fraud. American Public University defines criminal law as behaviours that threaten people’s safety and well-being. Within criminal law, there are various types of crimes, such as murder, theft, drug offences, and fraud, each with its own penalties.

The goal of criminal law is to keep society safe from harm caused by criminal acts. It is meant to stop individuals from doing crimes by punishing criminals for these false acts. It also helps to change their behaviours for an overall positive impact on society.

What is the Difference Between Civil and Criminal Law Essays?

• Civil law: Civil law deals with the common disputes happening between two people or companies. In this type, the victim needs to compensate the affected ones. For example, Landlord issues, property disputes, divorce, and personal injury all come under civil law.
• Criminal law: This is the branch of law that deals with the crimes or criminal offences that are committed against the whole population or society. As a result, those criminals get legal punishments from law establishment. For example, incarceration, fines and the death penalty in some major cases.

Bottom Line

We all are aware of the fact that criminal law plays a vital role in our society to upload various laws. When law students get to write on such an important topic, they mostly get poor grades in these criminal law essays.

So, we thought to provide you with a comprehensive guide about this essay writing that no one has discussed before. It will help you to simplify your essay writing process and make it more interesting. By following these expert tips and step-by-step guide, you will be all set on a journey towards success.

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How to Write a First-Class Law Essay: Mastering the FIRAC Model

Law essays can be challenging, but they contribute significantly to the mastery of legal principles and enhancing a student’s legal research skills. A first-class law essay does not only demonstrate a thorough understanding of legal principles, but is also clearly structured and incredibly well-written. In this article, we will guide you on how to write a first-class law essay, delve into the FIRAC model of legal writing, and address frequently asked questions on law essay writing.

Below is an outline of the points that will be discussed in detail throughout the article:

Understanding the Essay Question and Planning

Comprehensive legal research, writing techniques for a first-class law essay, common faqs on law essay writing.

Table of Contents

The first step in writing a top-notch law essay is to understand the essay question and planning your response. You should take care to read and analyze the question provided, identifying the main issues, required legal areas, and the keywords that will guide your research. Create a rough essay plan, outlining the main arguments and research resources necessary to address the topic.

Thorough researched is necessary in order to write a first-class law essay.This involves examining relevant cases, statutes, academic articles, and other authoritative sources. It is crucial to:

• Build a strong foundation of understanding for the specific legal topics involved
• Identify any contrary viewpoints and conflicting interpretations of the law
• Familiarize yourself with critical legal developments that may affect your essay’s arguments

It is essential to keep track of your sources and their essential details, as you will need to reference them accurately in your essay.

Structuring a Law Essay: The FIRAC Model

The FIRAC model is a universally recognized method of organizing and presenting legal arguments in writing. It consists of:

Start by providing a concise and relevant summary of the facts and background of the issue beingaddressed. Be objective and neutral in your presentation, ensuring that your readers have a clear understanding of the context.

Clearly identify the specific legal issues that arise from the facts. This may involve direct questions or problems that need to be resolved by referring to legal authorities, such as legislation, case law, or academic commentary.

Set out the relevant legal rules, principles, and precedents that apply to the issues in question. Present a clear and comprehensive explanation of the legal authorities and how they apply to the facts.

d. Analysis:

In this section, critically analyze and weigh the various arguments and approaches concerning the legal issues at hand. Provide a detailed evaluation of the relevant legal authorities,discussing their strengths and weaknesses, and highlighting any ambiguities, disagreements, or gaps in the law that are relevant to the issues being addressed.

e. Conclusion:

Wrap up your essay by summarizing the main points, integrating your key findings and the implications of your analysis. Be sure to address the initial essay question and provide a clear answer or position based on your research and discussion. Finally, offer any recommendations or propose potential legal reforms if appropriate.

To ensure that your law essay stands out as first-class, it is essential to embrace effective writing techniques, such as:

• Clarity and precision: Use clear, concise language and avoid unnecessary jargon or verbosity. 2.Coherent organization: Organize your essay logically, ensuring that each section flows smoothly into the next.
• Strong argumentation: Build well-reasoned arguments supported by solid evidence, authoritative sources, and persuasive analysis.
• Critical thinking: Question assumptions, explore alternative viewpoints, and engage in thoughtful reflection and analysis.
• Proper citation and referencing: Adhere to a consistent citation style and accurately credit all sources used in your essay.
• Proofreading and editing: Always proofread and edit your essay meticulously, eliminating grammatical errors, spelling mistakes, and awkward phrasing.

Here are answers to some frequently asked questions about law essay writing:

How long should my law essay be?

The length of your law essay may vary, depending on the specific requirements and guidelines given by your instructor or institution. Typically, law essays range from 1,500 to 3,000 words, but it is crucial to adhere to the specified word count in your assignment.

How do I choose a citation style for my law essay?

Consult your assignment guidelines or ask your instructor for the preferred citation style used in legal writing at your institution, such as the Bluebook, Oxford Standard, or AGLC. Always use one citation style consistently throughout your essay.

Is it acceptable to use non-legal references in my essay?

While law essays primarily rely on legal authorities, it may be appropriate toinclude non-legal references, such as scholarly articles, reports, or empirical studies, to support your arguments or provide additional context. Always check with your instructor or assignment guidelines if you are unsure about using specific non-legal sources.

Can I use headings and subheadings in my law essay?

Headings and subheadings help organize your essay and guide your readers through your arguments. They are generally acceptable in law essays unless prohibited by your institution’s guidelines or your instructor’s preferences. Be sure to use a consistent formatting style for all headings and subheadings.

How can I avoid plagiarism in my law essay?

To avoid plagiarism, always accurately cite and reference any sources you use in your essay,whether they are direct quotes, paraphrased ideas, or summarized information. Also, ensure that your essay is primarily composed of your own original analysis and ideas, rather than relying too heavily on other sources. Make use of plagiarism-checking tools to identify potential areas of concern and correct them prior to submission.

By adhering to these guidelines and employing effective writing techniques, you can enhance the quality of your law essay and increase the likelihood of earning a first-class grade. Always remain diligent, focused, and committed to delivering thorough and engaging legal analysis throughout your academic writing endeavors.

Common Mistakes to Avoid in Law Essays

In addition to following the guidelines and writing techniques, it’s important to avoid common mistakes when writing your law essay:

• Irrelevant or excessive detail : Stay focused on the essay question and avoid providing unnecessary or excessive details that don’t contribute to your central argument.
• Lack of structure: Ensure that your essay is logically organized, with clearly defined sections and a coherent flow from one section to another.
• Misunderstanding the question: Read the essay prompt carefully, and make sure you clearly understand what is being asked before drafting your response. Seek clarification if needed.
• Unsupported claims or arguments: Back up your claims with solid evidence and credible sources. Avoid makingassertions without sufficient justification or analysis.
• Overly complex language or jargon: Write in a clear and concise manner, using language that is accessible to your readers. Be mindful of using overly technical terms or legal jargon without explanation.
• Plagiarism: Always provide proper citation and referencing for all sources used. Take the necessary steps to ensure your work is original and does not plagiarize from other sources.
• Inadequate proofreading: Thoroughly proofread and edit your essay to correct grammatical errors, spelling mistakes, and clumsy phrasing. Additionally, make sure your citations and references are accurate and formatted correctly.

By avoiding these common mistakes and adhering to the aforementioned guidelines andwriting techniques, you will significantly improve the quality of your law essay and increase your chances of achieving a high grade. Remember that practice makes perfect, and continually refining your skills in legal writing and analysis will contribute to your overall success in your academic and professional pursuits. So, stay committed, diligent, and focused on producing well-reasoned and coherent essays that demonstrate your understanding and mastery of legal principles and concepts. 

Happy writing!

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What Is Criminal Law and How to Write Criminal Law Essay

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A criminal law essay is a research paper or report based on a comprehensive review of criminal law regulations. Criminal law is a challenging field to specialize in with so many aspects: the state, court hearings, criminal records, rights of criminals, facts and figures. And on top of everything, writing criminal law essays with perfection is like fighting a case before becoming a lawyer. Students must go through a complete cycle of the process to finish their law degree.

A criminal law essay examines specific cases in which a legislative controversy arises. Criminal law, in particular, is an operational branch of state law that aids in the preservation of society’s safety and confidence. A significant amount of crime and violence threatens the balance and comfort of people’s lives in today’s world. Criminal lawyers are the people who take up such cases to regulate the sphere.

The variety of punishments demonstrates the negative consequences of illegal behaviors and how necessary it is for maintaining discipline and safety. Therefore, it is crucial to consider criminal law as a fundamental foundation for modernization and the provision of security and stability to the country’s citizens.

Law students are frequently asked to write essays, either on topics that have been assigned to them or on issues that they have chosen or in response to specific questions. Mainly in a law degree, the exam includes an essay section, meaning a student has to prepare for both the exam and the essay. In addition, they have to learn about the types of crime, criminal behavior, punishment and sentence period. Therefore, criminal law essay assignments are proposed to ensure students are familiar with their states and country’s laws and know how to apply them in a criminal case.

Even though law students are highly qualified and trained to take on any challenge, they sometimes need help with their studies. Unfortunately, students are left alone to fight the academic pressure which leads to a lot of stress. If you are in the same boat, you can reach out to us for law essay help and avail of professional service.

However, if the student wants to build a law essay from scratch, there will be different requirements depending on the university, and the type of essay students are writing. The first thing to constitute a first-class law essay is to gather all the information. Students must understand the differences between criminal law, criminology, legislation and the different types of criminal law. So, let’s learn about the types and what it takes to structure a criminal law essay.

Types of Criminal Law

Criminal law covers all sorts of crimes, but the crimes are mainly divided into two following types:

• Misdemeanor

Criminal Law – Felony

Severe criminal cases are recorded under this type of criminal law. The punishment for severely offensive cases, types of crimes and criminals is imprisonment for a lifetime or execution. Felony crimes include murder, arson, manslaughter, burglary, tax evasion, aggravated assault, kidnapping, fraud, blackmail, obstruction of justice, forgery, treason, etc.

Criminal Law – Misdemeanor

Misdemeanor type of criminal law looks after less serious crimes, and the punishment for misdemeanor crimes is lesser than a felony. The sentence or punishment such criminals have to face comes in terms of a fine or 6 months to a year in prison. Misdemeanor crimes include reckless driving, public intoxication, property destruction, petty theft, disorderly conduct, trespassing, etc.

Moreover, criminal law is divided into five other categories to recognize the crimes effectively.

Private or Individual Crimes such crimes are recorded when an individual harms another person on a personal level.

Immature Crimes  are such criminal acts in which the nearest suspect only helped the criminal in the crime or offensive acts that were never accomplished.

Property Crimes  are criminal cases involving interfering with another’s property.

Constitutional Crimes are the acts banned by the states, for example, drugs, alcohol, playing poker, or other societal issues.

Finance Crimes are also known as “white-collar” crimes. It mostly includes transferring illegal money to foreign bank accounts, frauds, embezzlement, tax evasion, blackmail, etc.

We’ve talked about the types and categories of crimes and criminal law. So, let’s jump into the depth of the law of crime and learn how we can structure a criminal law essay.

The Criminal Law Essay Structure

The structure of a simple criminal law essay is similar to another type of essay. However, the essay aims to influence individuals on a particular plan, and the paper helps the legislation regulate social behavior or limit whatever is threatening society. We are sure your professor must’ve taught you how to write a good persuasive essay . To help law students, we’ve penned down some guidelines to help you write a great criminal law essay. Also, you can hire a professional to help you with your criminal law essay. After all, your grades matter the most, don’t they?

·         Start Early on the Essay

It is crucial to start as early as possible because writing a criminal law essay is not an essay game. Waiting until the submission date only adds unnecessary stress and drama to your academic life. The more you’ll delay your essay, the less time you’ll have to write your essay. This will reflect in the completed work and will cost you your grades. So, start early and make sure you have time to add references to your essay and perfect your work with proofreading and editing.

·         Read, Analyze and then Deconstruct the Question

Do not start with your criminal law essay until you completely understand the question being asked. Instead, take some time to break the question down into sections and seek advice from your professors and professionals for law essay help. Again, it will be very helpful for you to have an expert by your side to guide you through the writing process.

·         Research and Investigate

Case or subject investigation is the most important and difficult part of writing a criminal law essay. The data you are taking to support your paper must come from a known and relevant source. The references should be up-to-date and reliable if you want to produce a first-class essay. The more authoritative a source is, the higher your score will be. When possible, choose primary over secondary materials.

·         Write an Effective Essay Introduction

An introduction is something that impresses the audience and makes them read your entire paper. If you have a loose introduction and the paper’s outline is not well-written, your readers will lose their interest. So, provide the readers with a statement, an answer to the problem, and a map that explains your essay’s motives. Your introduction should be detailed, not lengthy, meaning it should simply define the object of your paper but in simple language.

·         Counter-Argument to Your Statement

This will demonstrate that you have a broad understanding of the subject. The counter-arguments list the claims of other authors and explains why your paper is better and how your paper solves a social issue.

·         Conclude Your Criminal Law Essay

Mention all of the main points you’ve made in a few sentences. In your conclusion, reaffirm your answer to the law essay question to ensure that your statement is processed clearly.

We hope you have a fair understanding of criminal law essays and how it is constructed. But we still have some more information for you. So, let us talk about some topics and what it takes to come up with good criminal law essays if your professors don’t assign you a topic.

How to Come Up With Interesting Criminal Law Essay Topic Ideas

Choosing the right topic is the first step toward writing a criminal law essay because it determines the scope of the research. Usually, the professor or instructor provides students with the topic or argument statement as these essays are much more detailed than regular papers. However, if the professor allows you to choose your topic or argument statement, make sure you don’t just pick any topic.

You will have an opportunity to describe your point of view on something you strongly believe in, and your essay is one way to do so. The most effective criminal law essay writing tip for selecting a topic is considering its current relevance and your interest. First and foremost, you should review the entire course and highlight the most interesting criminal law areas and criminal cases studied during the period.

Going through the course and other research will assist you in narrowing your field of interest and selecting a topic. Your essay topic allows you to enrich or practice skills in specific areas. Also, it helps you consider the issue’s importance on a social level and its current status. Furthermore, the topic should either analyze current events, view case studies or look into the implementation of existing national legislation.

Moreover, if you’re having trouble deciding on a topic for your criminal law essay, you can pick one from the list below

• Human Rights Violations
• The Origins of Capital Punishment
• Distributive Justice and Criminal Justice
• Has Identity Theft Reached Its Peak?
• Witness Protection Program
• What Motivates People to Commit Crimes
• Aggravating and Mitigating Factors in Criminal Sentencing
• Types of Bail; Bail and Bonds
• Amendments for Crime Victims
• Receiving Protection for Testimony in a Criminal Case

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How To Use The IRAC Method To Excel In Your Law Essays

Find out how to tackle problem questions in your law exams using the IRAC method.

When it comes to writing essays for Law as a university student, you’ve probably read a lot about the typical ‘intro-main-body-conclusion’ essays. However, when it comes to black letter law subjects , these require a different type of approach. Here is how to approach problem questions using the IRAC (Issue, Rule, Application, Conclusion) method.

What Is Black Letter Law?

Black letter law refers to areas of Law that consist mainly of technical rules, as opposed to areas of law that are defined more by a conceptual basis. Black letter law subjects include modules like tort law , criminal law , property law, etc. When it comes to examinations for these subjects they typically consist of problem questions and statement questions.

What Are Problem Questions?

In a problem question, you would probably be given a legal scenario and be tasked with explaining what the legal outcome would/should be. For example, there might be only one issue you are addressing or a series of legal issues in one given scenario.

In a statement question, you may be asked to analyse and/or give your opinions on judgments and legal concepts. For example, ‘Would you agree that xyz statute has incrementally progressed over the years?’ .

In an exam, you may have the choice to answer a number of questions picking how many you want to answer from the two types of questions. In this blog, I will be explaining how to approach problem questions.

What Is The IRAC Method?

The best way to approach problem statements as a beginner law student is the IRAC method: Issue, Rule, Application and Conclusion. This will allow you to give analytical answers that are clear and structured.

With an IRAC essay and problem questions in general, you do not have to write an introduction. You can go straight into answering the question – this is a key difference to statement questions.

For each of your points, you will start by stating the  legal issues  that arise in this scenario. 

When writing an issue statement, you can say something like, ‘The issue that first arises is if/whether…’. Then, you would complete the sentence by identifying and stating the legal conclusion that needs to be reached. For example, ‘The issue is whether the defendant is criminally liable for xyz’. 

After this, you would connect the issue statement to the relevant facts in the scenario. For example, ‘The defendant did xyz knowingly, therefore doing xyz to the claimant’. 

After writing your issue statement, you should identify and explain the rules that apply in this scenario and will ultimately define the/your legal conclusion. The  rule describes  which law or test applies to this issue.

So, this is where you would draw on your primary and secondary sources knowledge to support your analysis. It should be stated as a general principle for the scenario and not as a conclusion to the scenario being analysed – at least not just yet.

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Application

After stating the legal issues and relevant rules, now it is time to provide the main body of your analysis. In the application part of your answer, this is where you will explain how the legal principles you mentioned can be applied to your scenario, demonstrating your understanding of the law. 

In the application stage, you should constantly use key phrases from the legal principles mentioned. Do not worry about repeating your words – it is important to establish the connection.

You can also build the connection between the rules and your application by using connectives like ‘because’ and ‘since’. For example, ‘Here, the criminal can be considered independent of xyz because xyz…’ or ‘Since the defendant did xyz this breaks the causation chain of xyz’.

The key to application is not to simply regurgitate the rules but to successfully provide judgment based on the facts and rules.

When it comes to problem statements, there are two types of conclusions. The 1-2 sentences that conclude each issue explored and your final judgment.

In your brief  conclusion s, you can use one or two sentences to concisely state the outcome of the issue, based on the application of the rules to the facts of the case. For example, ‘Therefore, the defendant can be found criminally liable for xyz’.

In your final conclusion, you should first state your conclusion regarding each issue. Then, if applicable, you will provide your overall judgement. Like a normal essay, do not mention anything new that you have discussed (unless you perhaps forgot a point and are on a time crunch). Moreover, your conclusion should draw back to why you have come to this final judgment.

With answering these questions you should be assertive and plainly state your opinion. The journey to your judgment is the main part of your assessment, but it is your conclusion that brings your work together.

It is important to remember though that you will still get marks for your understanding and exploration of the law, so don’t feel discouraged if you don’t feel like you know the answer and answer to the best of your abilities. After all, the beauty of Law is subjectivity. 

In some cases, you may find that you can not come to a final judgement because the scenario needs more information. You may also find that your judgment is conditional on certain things. It is fine to state as so, and perhaps that is the answer. In general, however, if you can, you should come to a final decision.

Extra Points

After deciding that the IRAC method is the best to use and before even starting to write your response, you should spend time deeply analysing the problem. You should go through the statement and identify which parts will be relevant to each component of IRAC.

It is advisable to use something like different highlighters to identify each component. Make sure you can identify each part of IRAC in the statement before you actually start writing your response.

Key Takeaways

Before using the IRAC method you need to analyse if that is the most appropriate method for your exam/essay.

Find out more essay methods you can use here.

The goal is that as you start to become more experienced and knowledgeable as a Law student, you won’t answer your questions as rigidly and use a method that best works to your abilities. However, you can still get a great grade using the IRAC method to the letter and is advised by many legal academics.

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• May 8, 2023

THE IRAC METHOD EXAMPLE

Updated: Sep 30, 2023

We write law books using the IRAC method. We deliver the content of your course in the way you are expected to answer your questions. Have a look at the work exampled below. Then have a look at both the Core books and the Q&A law books.

IRAC METHOD EXAMPLE

What is irac method.

IRAC is an acronym which stands for the “Issue, Rule, Application, Conclusion” (IRAC). You may structure your answer to any law problem question or essay topic using the IRAC method . The issue, rule, analysis, and conclusion (IRAC) make up the fundamental framework used by law students around the world. You may be confident that your answer is comprehensive if you use this straightforward approach for constructing it. Other methods exist such as Celo and the FACT LAW SANDWICH. Choose the one that works for you.

How do I use the IRAC method? There is no point in talking about applying IRAC unless we show you how it works. Let use this excerpt of a contact law, problem question, from a law past paper to show you a IRAC Method example: “Michael promises to sell his 3 year old BMW car to Chithra for £100.00 as he has recently won a new expensive car in a competition”.

IRAC METOD - ISSUE

Your answer should start by addressing the problem that is raised in the essay topic or the issue in the problem question, these are easy to spot in a problem because the facts of the cases you have studied (where the principle emerges) is to be applied will be similar to the facts in your problem scenario. Thus there are occasions when the question itself will supply the problem for you to solve. If this is not the case, the next question to ask is: What is the legal issue that, once answered, will decide the outcome of the case? It is recommended that the issue be posed in the form of a question, and that the inquiry be specific rather than generic.

How do you write a IRAC example? So using our example above the question that needs to be asked is: “Is Michael contractually obliged to provide the BMW car to Chithra for £100.00?” This is the legal issue and this is ultimately the advice Michael is looking for. We can refine that question even further to demonstrate being specific. Thus the question is: was there sufficient consideration and can Chithra bring an action against Michael for this promise?

IRAC METOD - RULE

The rule explains whether statute or case law guideline is relevant to the matter at hand. Instead of stating the rule as a conclusion to the specific instance that is being discussed, the rule needs to be articulated as a universal principle.

For example in Michael’s case of the BMW, consideration must be sufficient. It can range from some form of payment to other interests of value under the law. Consideration must also be ‘adequate’, in terms of a bargain being made, although it is not imperative. Sufficiency remains of prime importance when forming a contract.

IRAC METOD - ANALYSIS

Your analysis is both the most crucial and the most time-consuming component of your answer. This will includes adapting the Rule to the specific details of the issue or situation Michael is facing. You need to do this. Apply this information to demonstrate how the rule may be used to get the conclusion. When it is feasible to do so, discuss the situation from both perspectives. You have to predict what Chithra’s lawyers will argue. It is essential that you do not only assert a conclusion but also provide the grounds that support it. If you reach a conclusion without providing any supporting evidence or rationale, it indicates that you have not applied the principle and considered the relevant facts in your analysis of the problem. A helpful hint for your discourse is that you may use the rule as a guide.

For Michael’s example a case the authority establishing this principle is Thomas v Thomas , where the court held that as long as there is valid consideration. Under the authority of Currie v Misa then the agreement has some benefit or detriment to the parties. Furthermore in Chappel v Nestle , the courts stated the chocolate wrappers constituted purported consideration. It was held that the offer Nestle made for the exchange of chocolate wrappers provided that they were of some value.

IRAC METOD - CONCLUSION

After considering the position of the law you have to apply it to the scenario. Your solution to the problem is presented in the conclusion. This is the advice that Michael wants! Please share the findings of your assessment. As a rule of practice always give the bad news first and then the good news because then you can give them your bill.

For example in advice to Michael, if Michael promised to sell his 3 year old BMW to Chithra for £100, this may not be the market value of the car. However, the £100 will still be deemed to be of some value, hence valid consideration, making the promise to sell the car enforceable by Chithra. Any attack on the enforceability of the contract could be based around there was never any intention to create legal relations.

THE FINISHED ADVICE

This is how the advice will read:

Michael’s promise to sell the BMW

Michael promised to sell his 3 year old BMW car to Chithra for £100.00 as he won a new expensive car. The question is: was there sufficient consideration and can Chithra bring an action against Michael for this promise? Consideration must be sufficient. It can range from some form of payment to other interests of value under the law. Consideration must also be ‘adequate’, in terms of a bargain being made, although it is not imperative. Sufficiency remains of prime importance when forming a contract. A case authority establishing this principle is Thomas v Thomas , [1] where the court held that as long as there is valid consideration under the authority of Currie v Misa [2] then the agreement has some benefit or detriment to the parties. Furthermore in Chappel v Nestle , [3] the courts stated the chocolate wrappers purported consideration. It was held that the offer Nestle made for the exchange of chocolate wrappers provided that they were of some value. In advice to Michael, if Michael promised to sell his 3 year old BMW to Chithra for £100, this may not be the market value of the car. However, the £100 will still be deemed to be of some value, hence valid consideration, making the promise to sell the car enforceable by Chithra.

[1](1842) 2 Q.B. 851 [2]ibid [3] [1960] A.C. 87

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Law professor outlines risks, encourages best practices to use AI for legal, academic writing

Mon, 01/29/2024.

Mike Krings

LAWRENCE — One of the biggest concerns regarding artificial intelligence is that people will use it as a writing tool, then pass off the results as their own work. But when Andrew Torrance and Bill Tomlinson tried to list AI as a co-author on a law review article, journals didn’t like that either.

That was just one step on a journey the legal scholars have taken while using artificial intelligence in academic writing, which has included the publication of a piece guiding others on best practices and mistakes to avoid. In their first citation, they noted that the paper was written not by, but with, the assistance of AI.

Torrance, the Paul E. Wilson Distinguished Professor of Law at KU, and Tomlinson of the University of California-Irvine have been longtime collaborators. Their early work using AI in scholarly writing has developed into several papers. “ChatGPT and Works Scholarly: Best Practices and Legal Pitfalls in Writing with AI,” written with Rebecca Black of the University of California-Irvine, was published in the SMU Law Review.

“We wrote a bunch of papers using AI and got them accepted. And along the way we learned a lot about what worked and what didn’t when using AI,” Torrance said. “It’s enhanced productivity a lot. Before, one paper a year or so would be good. Now you can do so much more. We edit ourselves to make sure those pitfalls don’t happen. In some cases, we consider AI to be a co-author. That’s one of the things we learned right away, is be explicit. We celebrate that we use it.”

The paper provides guidelines for those curious about using either of the leading AI engines in their academic writing. They largely apply to any kind of writing, but the authors found while AI can be a useful tool, a human touch is still necessary to avoid faulty work. The guidelines include:

• Using standardized approaches.
• Having AI form multiple outlines and drafts.
• Using plagiarism filters.
• Ensuring arguments make sense.
• Avoiding AI "hallucinations," in which the tools simply make things up.
• Watching for repetition, which the models tend to use.

Torrance is also an intellectual property scholar, so violating others’ copyrights would look especially bad, he said. Making sure citations of others’ work are accurate is also vital.

The researchers provide step-by-step guidelines on usage as well as information about the ethics of AI in writing and its place in legal scholarship.

“It gives you a huge head start when using these tools,” Torrance said. “Remember, these are the absolute worst versions of these tools we’ll see in our lifetimes. We’re on the Model T now, but even the Model T is amazing. But you need to be sure you don’t drive it into a ditch.”

Tomlinson and Torrance also noted using AI allows for “late-finding scholarship.” In traditional publishing, if the science or scholarship changed, that information would have to wait for a new edition. Now, as understanding evolves, writing can continuously be updated. That opens the door for publications that can be “dynamically definitive instead of statistically definitive,” Torrance said, while simultaneously making knowledge more accessible.

Torrance, Tomlinson and collaborators Black and Don Patterson of UC-Irvine wrote that, regardless of what one thinks about AI, it can play an incredibly useful role in academic writing and that those who use it properly can have a decided advantage in productivity.

“We hope this paper allows or helps people to shift some of the mentality around AI. I’m sure we haven’t identified all the possible pitfalls,” Torrance said. “Frankly, a lot of these are mistakes you need to avoid, period. I think a lot of the same principles apply between a human writing and using AI. We thought, as a public service, we should put this out there.”

Regardless of how AI evolves, the authors have laid a foundation for how scholars could use the tool in legal and responsible ways. And a piece of advice Torrance offers students in his legal analytics class can apply to all, even if they’re not in the field of law.

“The tagline for the class is, ‘Be the lawyer who masters AI, not the one who is run over by it,’” he said.

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Trump found guilty: 5 key aspects of the trial explained by a law professor

Professor of Criminal Law, Immigration, and Race and Law, University of California, Davis

Disclosure statement

Gabriel J. Chin does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.

University of California, Davis provides funding as a member of The Conversation US.

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After the May 30, 2024, conviction of former President Donald Trump on 34 felony counts of falsifying business records in New York, what comes next?

Trump’s legal team will likely appeal the verdict . “ We will fight for our Constitution,” Trump said following the jury’s announcement. “This is long from over.” A sentencing hearing for Trump is set for July 11.

The Conversation U.S.‘ politics and society editor Amy Lieberman spoke with Gabriel J. Chin , a scholar of criminal law and procedure, to better understand the verdict .

1. Why were there so many different felony counts in this case?

The essence of the offenses Trump was convicted of is falsifying documents or records. Accordingly, each check, invoice or other document that the jury found had been falsified was a separate offense, which can be the basis of a separate count and punished separately. The prosecution wanted to make sure that the jury saw the full scope of the scheme it alleged had occurred – which is that Trump covered up the fact that he paid hush money to porn star Stormy Daniels by disguising the payment as a legal fee to his lawyer, Michael Cohen. Cohen then allegedly used Trump’s money to pay Daniels to stop her from talking about her alleged affair with Trump.

2. What is most important for people to understand about this conviction?

It is historic and groundbreaking for a former or future president to be convicted of felonies in the United States. There will be debate, and people will have to judge whether this prosecution is an example of the principle that no person is above the law, or whether this is an example of political persecution.

As a technical legal matter, this conviction has a significant effect on all of Trump’s other criminal and civil cases . At a minimum, it means that if Trump takes the stand to testify in any case, opposing lawyers will be able to attack his credibility with this conviction. Lawyers can argue that any witness with a felony conviction might well be lying.

Practically speaking, this verdict also means that Trump – who is registered to vote in Florida – cannot vote there until completion of his sentence , although there are many variables that could affect his ability to vote and legal experts appear somewhat divided on the question. Under federal law, he cannot possess a firearm. But he can still run for president and serve in office, because nothing in the Constitution disqualifies people with convictions – or who are in prison – from running for, or serving as, president.

3. What can we know, if anything, about what his sentence might look like?

New York judge Juan Merchan will decide the sentence alone, without a jury.

It is not surprising that sentencing has been set for July, rather than sooner. As in other cases, the probation office will prepare a report that lays out Trump’s background and history, and the facts and circumstances of this case. Trump has no criminal record, which is generally a favorable sentencing factor. On the other hand, he does have negative results from lawsuits, including a civil finding in 2023 that determined he committed sexual assault . One issue to look out for is whether the prosecution or the probation department argues that Trump’s other criminal charges and civil cases should be considered in sentencing.

One sentencing factor which sometimes comes into play is lack of remorse; it is often a reason judges impose a more severe sentence. It certainly does not seem that Trump has in any way acknowledged that he did something regrettable, or committed a crime. Trump’s violation of the gag orders in this case, which the judge has already punished him for, could also be a factor used to argue for or impose a higher sentence.

4. Given this verdict, is it likely that Trump will serve time in prison?

The offense of falsifying business records is deemed a “Class E” felony in New York state – and each felony has a potential sentence of up to four years. Probation is available instead of incarceration, or probation plus a short term of incarceration. Sentences may be imposed concurrently or consecutively, so theoretically Trump could get a sentence of 136 years if maximum sentences on all counts are imposed consecutively. But, while the sentence is up to the judge, based on past practice it is reasonable to speculate that Trump will not be sentenced to a long prison term, and may well receive no incarceration time at all.

A not-guilty verdict would have been final because of the Constitution’s prohibition against double jeopardy – meaning a person cannot be convicted, acquitted or punished more than once for the same offense.

This conviction will undoubtedly be challenged for years, and the appeals process could have at least two chances to get to the U.S. Supreme Court. Whether this case was appropriately tried in state court will also be an issue – federal authority over federal elections and election crimes is likely to be examined on appeal.

In other words, this case is not over by a long shot. It is likely that even were Trump sentenced to incarceration, he would be allowed to remain free, pending appeal. This practice is not uncommon in complex and high-profile cases, at least where there are reasonable legal claims of error.

5. What made the evidence so strong in this case that it persuaded jurors?

It is in part the breadth of the New York law which, unlike the law in many states, criminalizes falsifying internal business records even when they are private and not used to cheat the tax system or defraud anyone. But even in New York, generally falsifying private business records is a misdemeanor. It becomes a felony only if, as the jury found here, the actions are used to cover up or conceal a crime.

In this case, the jury may well have been persuaded by the prosecution’s argument that the crime covered up was essentially a scheme to defraud the American people by concealing information about the character and conduct of a presidential candidate.

Because Trump was alleged to have deceived voters, perhaps the jury was unwilling to simply shrug this off as business as usual. Another factor is the remarkable investigation that went into preparing this case. The prosecution had so many witnesses and documents that it could tell the story in highly specific detail.

This story was updated on May 31, 2024, to include more details about Trump’s ability to vote.

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Posts misrepresent New York judge’s instructions to jury in Trump hush money trial

Former President Donald Trump attends his trial at Manhattan Criminal Court in New York, Wednesday, May 29, 2024. Social media users are distorting instructions New York Judge Juan M. Merchan gave to jurors before they began their deliberations. (Doug Mills/The New York Times via AP, Pool)

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CLAIM: New York Judge Juan M. Merchan told the jury in former President Donald Trump’s hush money trial that they don’t need a unanimous verdict to convict Trump.

AP’S ASSESSMENT: False. Merchan said that to convict Trump the jury will have to find unanimously, on each of 34 felony counts , that he falsified business records and that he did so with the intent of concealing another crime — in this case, violating a state election law during his 2016 campaign. The judge said jurors could consider three different ways the law may have been broken and that they don’t have to be unanimous on this decision.

THE FACTS: As jury deliberations began Wednesday in Trump’s trial , social media users spread false information about Merchan’s instructions to the seven men and five women who will determine the outcome in the first criminal trial of a former U.S. president.

“How is this even a fair trial?” reads one Instagram post that had received more than 8,000 likes as of Wednesday. “The judge just announced that the jury does not even have to be unanimous in their judgment to convict President Trump! This entire process was rigged from the start.”

An X post reads: “Judge Merchan has told the jury that they do NOT NEED unanimity to convict. They do not have to all agree on what occurred. 4 can agree on one crime, 4 on a different one, and the other 4 on another. He will treat 4-4-4 as a UNANIMOUS verdict.”

But these claims distort Merchan’s instructions .

The judge told the jury that to convict Trump on any given charge, they will have to find unanimously — that is, all 12 jurors must agree — that the former president created a fraudulent entry in his company’s records or caused someone else to do so, and that he did so with the intent of committing or concealing a crime .

Prosecutors say the crime Trump committed or hid is a violation of a New York election law making it illegal for two or more conspirators “to promote or prevent the election of any person to a public office by unlawful means.”

Merchan gave the jurors three possible “unlawful means” they can apply to Trump’s charges: falsifying other business records, breaking the Federal Election Campaign Act or submitting false information on a tax return.

For a conviction, each juror would have to find that at least one of those three things happened, but they don’t have to agree unanimously on which it was.

Trump is charged with 34 felony counts of falsifying business records in the first degree as part of a scheme to bury damaging stories that he feared could hurt his 2016 campaign, particularly as his reputation was suffering at the time from comments he had made about women . ___ This is part of the AP’s effort to address widely shared false and misleading information that is circulating online. Learn more about fact-checking at AP .

Trump Convicted: Here Are The Election And Tax Laws He Was Charged With Breaking

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Jurors are now deliberating over whether former President Donald Trump should be convicted on 34 felony counts, with a verdict expected at any point—but in order for the charges to be felonies, they’ll also have to consider whether other underlying crimes were also committed, a three-step process that jurors can partially disagree on. (Update: Jury finds Trump guilty in hush-money trial.)

Former President Donald Trump attends his criminal trial at Manhattan Criminal Court on May 30 in ... [+] New York City.

Trump was accused of falsifying reimbursement checks he paid to ex-attorney Michael Cohen, after Cohen paid adult film star Stormy Daniels $130,000 before the 2016 election to cover up allegations of an affair—with prosecutors arguing the checks were falsely labeled as being for legal services.

While falsification of business records only requires someone to have “[made] or [caused] a false entry in the business records of an enterprise” under New York law , the crime is just a misdemeanor at that stage, and becomes a felony if it’s proven the defendant falsified records “with intent to defraud that includes an intent to commit another crime or to aid or conceal the commission thereof.”

That means the jury must show Trump falsified records to cover a second crime, which prosecutors allege is New York’s election law prohibiting “conspir[ing] to promote or prevent the election of any person to a public office by unlawful means”—since Cohen allegedly paid off Daniels in order to boost Trump’s chances in the 2016 election.

Since that law requires defendants to have influenced an election through “unlawful means,” jurors will also have to determine whether a third crime was committed that made the hush money scheme violate the election law.

In his instructions Wednesday, Judge Juan Merchan gave jurors several choices for that third crime to show “unlawful means.”

The third “unlawful” action could be violating the Federal Election Campaign Act, meaning Cohen’s payment to Daniels was a contribution to Trump’s campaign that exceeded the legal limit—which Cohen already pleaded guilty to .

The third crime could also be falsifying other business records, after Cohen created a fake shell company to send the Daniels payment in 2016, or violating tax laws by making false entries on tax returns related to the payment.

Surprising Fact

While all the jurors must agree on the first and second crimes—that Trump falsified business records in order to cover up the election crime—for him to be convicted, they can differ on the third crime, or the “unlawful means” to influence an election. Some jurors could think campaign finance laws were broken and others could think there were tax violations, for instance.

The judge’s instructions also explained to the jury what’s known as “accessorial liability,” meaning that Trump can still be convicted for crimes he undertook in conjunction with someone else—like Cohen—as long as there’s proof that he “solicited, requested, commanded, importuned, or intentionally aided that person to engage” in the illegal conduct. That means even if Cohen or someone else directly carried out an illegal action, like falsifying the business records or making an illegal campaign contribution, Trump could still be convicted based on that if the jury found he enabled the crime.

What To Watch For

Jurors are on their second day of deliberations, after they first started deliberating Wednesday at approximately 11:30 a.m. Eastern time. It’s still unclear how long it will take them to reach a final decision and what that could be—whether convicting Trump, acquitting him, or having a hung jury if they can’t reach a unanimous decision. If Trump is convicted, each of the counts against him are punishable by a fine of up to $5,000 per offense and/or up to four years in prison, though legal experts believe it’s unlikely —but not out of the question—that Trump would be sentenced to prison as a first-time offender.

Merchan’s jury instructions started garnering criticism on the right on Wednesday, as Trump and some of his supporters falsely claimed jurors did not have to reach a unanimous decision in order to convict Trump. Jurors do need to reach a unanimous verdict and must all agree that Trump falsified records in order to cover up the underlying election crime—they’re just allowed to reach different conclusions about what unlawful means Trump or Cohen used to influence the election.

Chief Critic

Trump has pleaded not guilty to the charges against him and decried the case as a “witch hunt,” and has complained about Merchan’s instructions to the jury. In addition to his false claims that jurors’ verdict isn’t required to be unanimous, Trump said on Truth Social Wednesday he doesn’t “even know what the charges are,” claiming he’s “ENTITLED TO SPECIFICITY JUST LIKE ANYONE ELSE” and the jury instructions were “RIDICULOUS, UNCONSTITUTIONAL, AND UNAMERICAN.”

Key Background

Trump was indicted in Manhattan in March 2023, becoming the first sitting or former president to be indicted on criminal charges. The charges are part of 91 total charges Trump has been indicted on in state and federal court, though a few charges in Georgia have since been dropped . (The ex-president has pleaded not guilty to all of them.) Trump’s charges in Manhattan are based on a series of $35,000 reimbursement checks that he sent to Cohen throughout 2017, reimbursing the $130,000 payment to Daniels and adding on an additional expense, a bonus for Cohen and enough money to cover taxes on the payment. While prosecutors allege those checks were falsely labeled as being for legal services, Trump’s lawyers have claimed they were properly labeled because Cohen was serving as Trump’s attorney at the time. They have also alleged Trump was not aware of the hush money scheme. Witnesses at the trial have testified how silencing Daniels’ allegations of having an affair with Trump was done because the claims could have hurt Trump’s chances in the 2016 election, particularly after the release of a tape from “Access Hollywood” showing Trump making derogatory comments about women. Cohen pleaded guilty to campaign finance crimes in conjunction with the payment in 2018, saying they constituted an illegal campaign contribution.

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• Content that otherwise violates our site's  terms.

User accounts will be blocked if we notice or believe that users are engaged in:

• Continuous attempts to re-post comments that have been previously moderated/rejected
• Racist, sexist, homophobic or other discriminatory comments
• Attempts or tactics that put the site security at risk
• Actions that otherwise violate our site's  terms.

So, how can you be a power user?

• Stay on topic and share your insights
• Feel free to be clear and thoughtful to get your point across
• ‘Like’ or ‘Dislike’ to show your point of view.
• Protect your community.
• Use the report tool to alert us when someone breaks the rules.

Thanks for reading our community guidelines. Please read the full list of posting rules found in our site's  Terms of Service.