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Criminal Law keyed to Dripps
Bordenkircher v. Hayes
Citation:434 U.S. 357, 98 S.Ct. 663, 54 L.Ed.2d 604.
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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:
Respondent was indicted for uttering a forged instrument in the amount of $88.30. This offense was punishable by a term of 2 to 10 years in prison. In 1961, the respondent had pled guilty to detaining a female and spent 5 years in a state reformatory. In 1970, he was convicted of robbery and released immediately on probation. During a plea conference, the prosecutor offered a recommended sentence of 5 years if respondent plead guilty and “save[d] the court the inconvenience and necessity of a trial”. If the respondent did not take the plea, the prosecutor told him he would return to the grand jury and seek an indictment under the Habitual Criminal Act which would subject the respondent to a mandatory sentence of life imprisonment. The respondent did not take the plea, the prosecutor obtained the additional indictment, and a jury convicted respondent on both charges.
- 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.