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Criminal Procedure Keyed to Miller
State v. Christopher Brimage
Citation:706 A.2d 1096 (N.J. 1998)
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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:
Brimage (defendant) was charged with possession of cocaine within 1,000 feet of school property. Under New Jersey law, the prosecutor had the authority to waive the mandatory minimum sentence, a three-year period of parole ineligibility. The Attorney General, on the other hand, established Plea Bargaining Guidelines that prescribed for school zone offenses probation conditioned on 364 days in county jail. In exchange for Brimage’s guilty plea, the prosecutor recommended a sentence of four years of incarceration in addition to the mandatory three years of parole ineligibility. Brimage argued that the prosecutor acted arbitrarily and capriciously by not making an offer that aligned with the Attorney General’s guidelines.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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- 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.