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Criminal Procedure Keyed to Chemerinsky
Berghius v. Thompkins
Citation:560 U.S. 370 (2010)
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- 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.
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- 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:
Thompkins (Respondent) was interrogated by police officers in connection with a murder investigation after being read the Miranda warnings. Thompkins declined to sign a form stating that he understood his rights. During the interrogation, he never stated that he wanted to remain silent or that he wanted an attorney. But he remained mostly silent while the police questioned him. After nearly three hours, an officer asked if Thompkins believed in God, and then if Thompkins “[prayed] to God for shooting that boy down.” Thompkins said yes, and based on this statement, was charged with murder.
- 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.
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- Policy: Identifies the Policy if any that has been established by the case.
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