SmartBrief
0
Confirm favorite deletion?
Criminal Law Keyed to Gershowitz
Garnett v. State
Citation:
332 Md. 571, 632 A.2d 797.
ProfessorScott Caron
CaseCast™ – "What you need to know"
Facts
In November or December of 1990, the defendant was introduced to Erica Frazier. She was 13 years old at the time. Defendant was a 20 year old intellectually disabled man. He had an I.Q. of 52, read on the third grade level, and interacted with others socially at the level of someone 11 or 12 years of age. The two talked by telephone, and on February 28, 1991, the defendant went to the girl’s house. Erica let him into her room through her window. They engaged in sexual intercourse.
On November 19, 1991, Erica gave birth to a baby, and the defendant was the biological gather. He was charged with statutory rape due to Erica being under the age of 14 and him being at least four years older. The defendant was not allowed to introduce evidence at trial that Erica and her friends told him that Erica was 16.
The trial court held that it is a strict liability offense and consent nor the victim’s representation of her age could serve as a defense. The defendant appealed.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*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.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.
Topic Resources
3m 19sTopic Refresher Course 
Topic Charts & Notes 