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Criminal Procedure Keyed to Chemerinsky
Salinas v. Texas
Citation:570 U.S. 178 (2013)
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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:
Salinas (Petitioner) voluntarily answered the questions of a police officer who was investigating a murder of two brothers in their Houston home. Salinas was not placed in custody and he did not receive Miranda warnings. The officer asked whether a ballistics test would show that the shell casings found at the crime scene would match Salinas’s shotgun, and Salinas balked and refused to answer. He was subsequently charged with murder. Trial prosecutors argued that his reaction to the officer’s question suggested that he was guilty. Salinas claimed that this argument violated the Fifth Amendment.
- 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.
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- Policy: Identifies the Policy if any that has been established by the case.
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