SmartBrief
0
Confirm favorite deletion?
Criminal Procedure Keyed to Dressler
North Carolina v. Butler
Citation:
441 U.S. 369, 99 S.Ct. 1755, 60 L.Ed.2d 286.Facts
The defendant was arrested by the FBI for kidnapping, robbery, and assault. At trial, an FBI Agent testified that at the time of the arrest, he fully advised the defendant of his Miranda rights. The agents then took the defendant to the FBI office. He was given a form that had the Miranda warnings printed on it. When asked if he understood his rights, he replied that he did. The defendant refused to sign a waiver form. He was told that he need neither speak nor sign the form, but that the agents would like him to talk to them. The defendant replied: “I will talk to you but I am not signing any form.” He then made incriminating statements. The defendant did not request counsel or attempt to end the agents’ questioning at any time.
The trial court denied the defendant’s motion to suppress the incriminating statements he made and he was found guilty. On appeal, the North Carolina Supreme Court reversed the convictions. It found that there had not been a valid waiver as the defendant had refused to waive in writing and there had not been a specific oral waiver.
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.
6m 59s
