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Criminal Procedure Keyed to Chemerinsky
Neil v. Biggers
Citation:409 U.S. 188 (1972)
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- 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.
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- 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:
Biggers (Respondent) was convicted of rape in Tennessee trial court. He appealed, arguing that the police had implemented a station identification procedure that violated his due process rights. The victim had been asked to identify the suspect in lineups and photographic identification procedures over the course of seven months. She told the police that a man pictured in one of the photographs had features similar to those of her assailant, but identified none of the suspects. In an in-person lineup at the station, however, she correctly identified Biggers as the suspect and told the police that she had no doubt.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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- 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.
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