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Criminal Law Keyed to Johnson
State v. Parker
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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:
Larry Leventhal gave John Parker (Defendant) and two other passengers a ride. The passengers robbed Leventhal; took Leventhal’s wallet, watch, and car; and beat Leventhal severely before he was able to escape. Defendant and the other passengers were pulled over by the police while driving Leventhal’s car and were arrested after trying to run away. At trial, Leventhal testified that Defendant had personally contributed to the robbery and assault, while Defendant testified to playing no role in the events. Defendant admitted to being in the car at the time of the incident but said that he had only watched while the other passengers beat and robbed Leventhal. After the trial, the jury asked for further clarification of the law on aiding and abetting. The court reread the relevant statute, which provided that a person was liable as a principal for a crime committed by another if the person assisted in the commission of, or conspired with others to commit, the crime. The statute also provided that a defendant’s guilt could be established without a showing that the defendant performed every act constituting the offense. Defendant was convicted and subsequently appealed, arguing that the trial court had effectively instructed the jury that Defendant had a legal duty to help Leventhal that Defendant did not have.
- 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.