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Criminal Procedure Keyed to Miller
Commonwealth v. Porter P.
Citation:923 N.E.2d 36 (Mass. 2010)
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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:
The director of the Roxbury Multi-Service Center, Inc. Family House Shelter contacted police after heading rumors that Porter P. (juvenile) had a gun. Porter P. and his mother lived at the shelter. The shelter’s manual that any resident in possession of a weapon will be terminated and staff may conduct room checks at any time without warning to monitor compliance with rules and regulations. Based on the shelter’s rules and regulations, and her possession of a master key to all the residents’ rooms, the police believed the director had the authority to consent to a police search of the juvenile’s room. The director knocked on the juvenile’s door and entered with the officers using the master key. One of the officers asked the juvenile to leave the room during the search, and they found a firearm in the closet.
- 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.