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Criminal Law keyed to Dripps
People v. Cash
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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:
Cash (Defendant), who was thirty years old, met a female who was one month shy of turning sixteen years old at a bus station in Detroit. The female was running away from home. After talking for a couple of hours, Defendant persuaded the female to accompany him on a drive in his car. They proceeded to a motel where they engaged in two separate acts of sexual intercourse. After Defendant had fallen asleep, the female snuck out of the hotel room, went to the hotel attendant, and the police were called. Defendant was charged with two counts of third-degree criminal sexual conduct, namely engaging in sexual conduct with a person between the ages of thirteen and sixteen years. At a preliminary hearing, the female admitted she had told Defendant that she was seventeen years old. Prior to trial, Defendant requested that the jury be instructed that a reasonable mistake as to the female’s age is a defense. The trial court refused. At trial, Defendant represented himself. The female testified that she had voluntarily, though reluctantly, engaged in sexual intercourse with Defendant out of fear that he might harm her. The court instructed the jury that “[i]t is no defense that the defendant believed that [the female] was seventeen years old or older at the time of the alleged act.” Defendant was found guilty and he appealed.
- 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.
- 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.