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Criminal Procedure keyed to Kamisar
Bordenkircher v. Hayes
Citation:
434 U.S. 357, 98 S.Ct. 663, 54 L.Ed.2d 604 (1978)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:
Hayes (defendant) was charged with uttering a forged instrument in the amount of $88.30, punishable by 2-10 years in prison. The prosecutor offered to recommend a sentence of 5 years if Hayes pled guilty. If he did not plead guilty, the prosecutor indicated he would seek an indictment under the Kentucky Habitual Criminal Act, which required a sentence of life imprisonment. Hayes chose not to plead guilty, and the prosecutor obtained an indictment under the Act. At trial, the jury found Hayes guilty of uttering a forged check and found he had been convicted of two prior felonies. As required under the Act, Hayes was sentenced to life imprisonment.
- 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.
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