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Criminal Procedure Keyed to Dressler
Bram v. United States
Citation:168 U.S. 532, 18 S.Ct. 183, 42 L.ED. 568.
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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:
A murder occurred on a ship in the North Atlantic. The defendant, Bram, was a suspect. Custom officials strip-searched him. He was questioned by the officers either while his clothes were being removed or after he was already nude. An officer told him that he has someone else from the ship in his office who made a statement claiming that he witnessed the defendant commit the murder. The defendant then made statements that were considered a confession.
The defendant testified that he was worried that if he stayed silent during the questioning, they would assume he was guilty. He argued that the statements were not voluntary. The trial court admitted the statements over the defendant’s objection, and he was convicted.
- 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.