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Criminal Procedure Keyed to Miller
Tevin Benjamin v. State
Citation:116 So. 3d 115 (Miss. 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.
- 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:
An officer questioned Benjamin (defendant) about a robbery and fatal shooting Benjamin was suspected to have participated in. The officer read Benajmin his Miranda rights, but Benjamin asked for his youth-court attorney. The officer informed Benjamin that he would not be going to youth court, that he was being charged with capital murder, and that he would need to spend the night in jail until he spoke with his lawyer. The officer then gave Benjamin’s mother a moment to speak with him, informing her that the only way anything would change is if Benjamin changed his mind about wanting a lawyer. Benjamin’s mother then told her son that she did not have money for a lawyer and that he should talk to the officer.
After a few minutes, the officer returned and Benjamin’s mother asked what Benjamin needed to do if he were to talk. The officer stated that Benjamin would need to request to speak with someone but that it would be best for him to stay the night in jail and wait until tomorrow to talk. The officer gave Benjamin and his mother another moment alone, after which Benjamin’s mother told him that Benjamin wanted to talk. The officer read Benjamin his Miranda rights, and Benjamin said he understood. Then, Benjamin asked if he would still need to stay the night in jail, and the officer said it depended on what he said to the police.
- 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.