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Criminal Law Keyed to Lee
Gilbert v. State
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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:
Gilbert (defendant) was 75 years of age and married to Emily Gilbert for over 50 years. The couple lived in a condo in Florida. Emily Gilbert suffered from a number of aliments including Alzheimer's and Osteoporosis, which kept in her constant agonizing pain. Various witnesses testified at trial that they would see Emily crying and looking very sick, and that her condition had continued to deteriorate over the years. Emily became very dependent on her husband, the defendant. At one point, the defendant took Emily to the hospital, but she became upset and wanted to go home. The next day, the couple went out to lunch as they routinely did and when they returned home the defendant gave Emily her pain medication, but it failed to work, and Emily remained in pain, saying “somebody please help me.” The defendant testified that he knew he had to help his wife and the only way he was able to help her was to shoot her in the head and he wanted to end her suffering, regardless of the consequences. The defendant was found guilty of first degree murder and sentenced to life in prison. Under Florida statute § 775.082 the mandatory minimum sentence for first degree murder was 25 years.
- 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.