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Criminal Law Keyed to Lee
Kennedy v. Louisiana
Citation:
554 U.S. 407, 128 S.Ct. 2641, 171 L.Ed.2d 525 (2006)
ProfessorScott Caron
CaseCast™ – "What you need to know"
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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:
On March 2nd, 1998, Patrick Kennedy called police to report that his stepdaughter (“L.H.”) had been raped by two neighborhood boys. L.H. was transported to a children’s hospital and had severe injuries.
Eight days after the crime, and despite both Kennedy and L.H. insistence that Kennedy was not the offender, Kennedy was arrested for the rape. On June 22, 1998, L.H. told her mother for the first time that it was Kennedy who raped her. L.H. recorded her accusation in a videotaped interview with a child advocacy center. Later, L.H. testified in court that Kennedy told her to accuse the two neighborhood boys. The State also presented evidence that Kennedy sexually abused his ex-wife’s cousin when she was eight years old as well.
After a trial by jury, Kennedy was convicted of aggravated rape and the jury unanimously determined that he should be sentenced to death. The Supreme Court of Louisiana affirmed.
- 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.
9m 29s