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Criminal Law keyed to Dripps
People v. Humphrey
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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:
After a full day of arguing and fighting, Humphrey (Defendant) shot Albert Hampton in their home. When the police arrived, Defendant told them that she had shot Hampton because she did not want him to “beat on her"anymore. The day prior to the shooting, Hampton had been drinking and hit Defendant while they were driving home and continued to hit her after they arrived home. Hampton told Defendant, “I’ll kill you,"and then he fired a gun. The bullet went through the bedroom window and struck a tree outside. The day of the shooting, Hampton “got drunk,"swore at her, and began hitting her again. Defendant took the gun and shot him. Hampton later died. Defendant was charged with murder. At the end of the prosecution’s case, the trial court granted Defendant’s motion for acquittal of first-degree murder. The court then instructed the jury on second-degree murder and both voluntary and involuntary manslaughter. The court also instructed on self-defense as to the second-degree murder charge. The court also instructed the jury that it could consider evidence related to the “battered woman’s syndrome"in deciding whether Defendant actually believed it was necessary to kill in self-defense, but not in deciding whether that belief was reasonable. Defendant was found guilty of voluntary manslaughter with personal use of a firearm. The court of appeal affirmed the conviction. The California Supreme Court granted review.
- 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.