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Criminal Law Keyed to Lee
Powell v. Texas
Citation:
392 U.S. 514, 88 S.Ct. 2145, 20 L.Ed.2d 1254 (1968)Only StudyBuddy Pro offers the complete Case Brief Anatomy*
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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:
Powell was found guilty of being drunk in a public place, in violation of Texas Penal Code, Art. 477 (1952). He was fined $20. He appealed this decision, and was granted a trial de novo. There, the principle evidence was from Dr. Wade, who testified that Powell is a “chronic alcoholic” who is unable to control his behavior once intoxicated. He also said that in his opinion, jailing Powell without medical attention would neither rehabilitate him nor lessen his desire for alcohol. On cross examination, he stated that individuals like Powell have a compulsion that is not completely overpowering but is an exceedingly strong influence. Powell also testified and stated that he has no control over how many drinks he takes.
The trial found Powell guilty and changed his fine to $50. Powell appealed again, arguing that his conviction violates the Eighth and the Fourteenth Amendments because it is cruel and unusual punishment due to the fact that he is a chronic alcoholic.
- 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.
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