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Criminal Law Keyed to Johnson
State v. Powell
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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:
Hawaii’s entrapment statute, Hawaii Revised Statutes § 702-237, provides an affirmative defense for a defendant who engages in prohibited conduct because of inducement by a law enforcement officer who creates a substantial risk that the offense will be committed by persons other than those ready to commit it. The Honolulu Police Department decided to conduct several “drunk-decoy” operations in response to elevated instances of theft and robbery. During one of the operations, a police officer was lying on the ground with a paper bag containing a beer bottle and pretending to be drunk. The officer had a wallet, with money exposed, in his back pocket. Laverne Powell (Defendant) walked by the officer, turned back, and stole the wallet from the officer’s pocket. Two undercover officers detained Defendant as she was attempting to leave the area. Defendant was charged with first degree theft. During an evidentiary hearing, Defendant moved for dismissal, arguing that the undisputed facts, as testified to by the officer who organized the operation in question, established entrapment. The court granted Defendant’s motion to dismiss with prejudice.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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- 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.