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Criminal Procedure keyed to Israel
Blakely v. Washington
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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:
The Petitioner pleaded guilty to second-degree kidnapping involving domestic violence and use of a firearm. In the state where Petitioner was before the court, second-degree kidnapping is classified as a crime that carries a maximum sentence of ten years. A state law, however, limits the range of sentences that a judge may impose for this crime; the law specifies a “standard range” of 49 to 53 months for second-degree kidnapping. If a judge finds “substantial and compelling reasons justifying an exceptional sentence,” the judge may impose a sentence above that standard range. The facts admitted in Petitioner’s plea, standing alone, supported a maximum sentence of 53 months. At sentencing, the judge, upon learning of the facts of the kidnapping, imposed an “exceptional” sentence of 90 months onto the Petitioner. The judge justified the sentence on the ground that the Petitioner acted with “deliberate cruelty,” a statutorily enumerated ground for departure from the permitt ed maximum sentence in domestic-violence cases. The Petitioner objected, and following a 3-day bench trial held by the judge, the judge adhered to his initial determination. The Petitioner argued that the sentencing procedure deprived him of his Sixth Amendment constitutional right to have a jury determine beyond a reasonable doubt all facts legally essential to his sentence.
- 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.