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Criminal Procedure Keyed to Dressler
Sherman v. United States
Citation:356 U.S. 369, 78 S.Ct. 819, 2 L.Ed.2d 848.
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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.
- 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:
In late August 1951, Kalchinian, a government informer, met the defendant at a doctor’s office where both were being treated to be cured of a narcotics addiction. They ran into each other several times after that and discussed mutual experiences, problems, and their attempts to overcome addiction to narcotics. One day, Kalchinian asked the defendant if he knew of a good source of narcotics. He asked the defendant to supply him with a source because he was not responding to treatment and he was suffering.
At first, the defendant refused and tried to avoid the topic. After a number of repetitions of the request, the defendant agreed. On three occasions during November 1951, government agents observed the defendant give narcotics to Kalchinian in return for money supplied by the Government.
At the trial, the issue was whether the informer had convinced an otherwise unwilling person to commit a criminal act or whether the defendant was already predisposed to commit the act and exhibited only the natural hesitancy of one acquainted with the narcotics trade. The issue of entrapment went to the jury, and a conviction resulted. The defendant appealed.
- 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.