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Criminal Law Keyed to Gershowitz
Director of Public Prosecutions Appellant v. Camplin
Citation:2 W.L.R. 679.
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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, a 15-year-old, killed a middle aged man by splitting his skull with a heavy pan. At the time, the two of them were together alone. The defendant claimed that the victim buggered him in spite of his resistance and then laughed at him, causing the defendant to lose his self control and attack the man.
At trial, the defendant requested that the jury be instructed that for the defense of provocation, they should consider what a reasonable 15-year-old boy would do in the same circumstance. Instead, the judge instructed the jury they should consider what a reasonable adult man in the same circumstances would do. He was found guilty of murder. The Court of Appeals substituted a conviction for manslaughter. It held that the proper jury instructions are to invite the jury to consider whether the provocation was enough to have made a reasonable person of the same age as the defendant in the same circumstances do as he did. The state appealed.
- 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.