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Criminal Law Keyed to Johnson
People v. Carradine
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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:
Georgia Carradine (Defendant) was a witness to a homicide. Defendant had given a statement to a prosecutor, but later failed to respond to a subpoena calling her to testify and was eventually brought into court pursuant to a bench warrant. Defendant refused to testify, expressing that she feared for her life and her children’s lives. Defendant persisted in her refusal to testify, even after she was offered the options of protection and relocation. A contempt order was entered against Defendant but was stayed for three days to give Defendant a chance to change her mind about testifying. Defendant appeared before the court two more times, accompanied by counsel, and refused to testify each time despite further offers to relocate her and her family to another city or state. Defendant was ordered detained in the county jail until she agreed to testify, but she continued to refuse, and the contempt order was re-entered. Defendant was sentenced to six months of imprisonment and appealed. Defendant requested that her punishment be reduced to time already served due to the special circumstances of her refusal to testify. Defendant told the court that she was scared to testify against the defendants in the homicide case, because the defendants were members of a youth gang called the Blackstone Rangers and that she never would have provided the original statement to prosecutors if she had known that she would have to appear in court. Defendant expressed that she did not believe law enforcement could protect her from the Blackstone Rangers, even upon relocation.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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- 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.