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Criminal Law Keyed to Gershowitz
Roper v. Simmons
Citation:543 U.S. 551, 125 S.Ct. 1183, 161 L.Ed.2d 1.
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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:
At the age of 17, the defendant, still a junior in high school, committed murder. He and his friend entered the home of Shirley Crook. They used duct tape to cover her eyes, mouth, and hands, and then drove her to a state park. They tied her hands and feet together, wrapped her face in duct tape, and proceeded to throw her from a bridge, drowning her in the waters below.
About nine months later, after he had turned 18, he was tried and sentenced to death. He appealed, arguing that it violated the Eighth and Fourteenth Amendments to the Constitution of the United States to execute him since he was a juvenile when he committed the crimes. The Missouri Supreme Court agreed and reversed the death sentence.
- 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.