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Criminal Procedure Keyed to Dressler
Jacobson v. United States
Citation:503 U.S. 540, 112 S.Ct. 1535, 118 L.Ed.2d 174.
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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 56 year old veteran-turned-farmer, purchased two magazines and a brochure from an adult bookstore in February 1984. The magazines contained photographs of nude preteen and teenage boys. The contents of the magazines startled the defendant, who testified that he had expected to receive photographs of young men who were over the age of 18.
The young men in the magazines were not engaged in sexual activity and his receipt of the magazines were legal under both federal and Nebraska law. Three months later, however, the law with respect to child pornography changed and the receipt through the mail of sexually explicit depictions of children became illegal.
For the next 2.5 years, two Government agencies, through five fictitious organizations and a bogus pen all, tried to get the defendant to break the new law. The government sent the defendant several brochures, mailings, materials, and questionnaires from the fake organizations. They also sent several anti-censorship solicitations. Eventually, the defendant placed an order for a pornographic magazine showing boys having sex and he was arrested upon it’s delivery. After his arrest, his home was searched. The Government found no materials other than what they had sent to him to indicate that he was actively interested in child pornography.
The defendant was convicted of breaking the new law after a trial.
- 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.