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Criminal Procedure keyed to Kamisar
Brewer v. Williams
Citation:430 U.S. 387, 97 S.Ct. 1232, 51 L.Ed.2d 424 (1977)
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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:
Williams (defendant) turned himself into Davenport police for the abduction and murder of a 10-year-old girl. He acted on the advice of his attorney in Des Moines, who advised Williams that the officers would not interrogate him during the ride from Davenport to Des Moines. In the meantime, Williams was arraigned before a judge in Davenport on the arrest warrant. He was advised of his Miranda rights and conferred with another attorney, who told him not to make any statements until consulting with his attorney in Des Moines.
Two detectives accompanied Williams to Des Moines. During the car ride, Williams stated several times that he would tell them the whole story once he saw his attorney. One of the detectives was aware that Williams was a former mental patient and deeply religious. The detective gave what has been referred to as the “Christian burial speech,” which eventually elicited incriminating statements from Williams about the location of the girl’s body.
- 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.