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Criminal Law Keyed to Kennedy
People v. Thousand
Citation:465 Mich. 149 (2001)
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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.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
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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:
On December 8, 1998, while using the screen name “Bekka,” an undercover detective was approached by defendant, who was using the screen name “Mr. Auto-Mag,” in an Internet chat room. Defendant described himself as a twenty-three-year-old male from Warren, and Bekka described herself as a fourteen-year-old female from Detroit.
From December 9 through 16, 1998, Liczbinski, still using the screen name “Bekka,” engaged in chat room conversation with defendant. During these exchanges, the conversation became sexually explicit. Defendant made repeated lewd invitations to Bekka to engage in various sexual acts, despite various indications of her young age. The Defendant sent her a picture of his genitalia and Defendant asked Bekka whether she liked and wanted it and whether she was getting “hot” yet, and described in a graphic manner the type of sexual acts he wished to perform with her. Defendant invited Bekka to come see him at his house for the purpose of engaging in sexual activity. Bekka replied that she wanted to do so, and defendant cautioned her that they had to be careful, because he could “go to jail.” Defendant asked whether Bekka looked “over sixteen,” so that if his roommates were home he could lie.
The two then planned to meet at an area McDonald’s restaurant at 5:00 p.m. on the following Thursday. Defendant instructed Bekka to wear a “nice sexy skirt,” something that he could “get [his] head into.” He was arrested by police when he arrived.
He was charged with attempted distribution of obscene material to a minor. He brought a motion to quash, arguing that because the existence of a child victim was an element of each of the charged offense, the evidence was legally insufficient to support the charges. The circuit court agreed and dismissed the case. The Court of Appeals affirmed.
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- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
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