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Criminal Procedure Keyed to Dressler
Crawford v. Washington
Citation:541 U.S. 36, 124 S.Ct. 1354, 158 L.Ed.2d 177.
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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 defendant stabbed a man who allegedly tried to rape his wife. He was charged with assault and attempted murder. At his trial, the State played a tape-recorded statement from the defendant’s wife. The wife was unavailable to testify due to marital privilege. In the recorded statement, the wife described the stabbing to the police. The defendant had no opportunity for cross-examination, Her account of the fight itself was different from the defendant’s, particularly with respect to whether the man had drawn a weapon before the defendant stabbed him. The defendant was convicted.
The Washington Court of Appeals reversed. The Court noted several reasons why the recorded statement was not trustworthy. The statement contradicted one she had previously given, it was made in response to specific questions, and, at one point, she admitted she had shut her eyes during the stabbing.
The Washington Supreme Court reinstated the conviction after determining that the wife’s recorded statement was reliable.
- 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.