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Criminal Procedure keyed to Kamisar
Berghuis v. Thompkins
Citation:560 U.S. 370, 130 S.Ct. 2250, 176 L.Ed.2d 1098 (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.
- 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:
Before officers questioned Thompkins (defendant) about a shooting, they presented him with a form containing four standard Miranda warnings and a fifth warning which stated, “You have the right to decide at any time before or during questioning to use your right to remain silent and your right to talk with a lawyer while you are being questioned.” The detective read the four standard warnings and then requested Thompkins to read the fifth warning out loud. Thompkins did not state that he wanted to remain silent or speak to a lawyer, but he declined to sign a written acknowledgment that he had been advised of and understood his rights.
During the almost 3 hours of interrogation, Thompkins made few verbal responses such as “yeah,” “no,” and “I don’t know.” After about 2 hours and 45 minutes, the detective asked Thompkins about his religious beliefs and whether he believed in and prayed to God. Thompkins responded that he did. The detective then asked if he prayed to God to forgive him for shooting a boy, and Thompkins answered that he did.
- 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.