SmartBrief
0
Confirm favorite deletion?
Criminal Law keyed to Dripps
United States v. Paul
Citation:
37 F.3d 496.Facts
On July 18, 1992, Darlene Paul returned to the home she shared with defendant on the Gila River Indian Reservation. The defendant claimed his wife had returned at 1:00 a.m. drunk and would not tell him where their 2.5 year old son was. An argument ensued which led to a physical altercation. During the fight, the defendant strangled Darlene and banged her head against the ground. The defendant believed he had killed her, so he took a shower, changed clothes, and went to his mother’s instructing her to call the police to pick him up. An officer from the Bureau of Indian Affairs arrived and the defendant told him he thought he killed his wife. The officer put the defendant in handcuffs and the two drove to the defendant’s home where the officer found Darlene dead.
During trial, the judge provided the jury with the Ninth Circuit Model Jury instructions on the lesser included offenses of manslaughter instructing the jury as follows:
. . . [T]he government must prove each of the following beyond a reasonable doubt:
First, the defendant killed Darlene Paul;
Second, the defendant acted in the heat of passion;Third, heat of passion was caused by adequate provocation.
Heat of passion may be provoked by fear, rage, anger, or terror. Provocation, in order to be adequate, must be such as might naturally cause a reasonable person in the passion of the moment to lose self-control and act on impulse and without reflection. . . .
. . . [T]he government must prove each of the following elements beyond a reasonable doubt:
First, Darlene Paul was killed as a result of an act by the defendant;
Second, in the circumstances existing at the time, the defendant’s act either was by its nature dangerous to human life or was done with reckless disregard for human life;
Third, the defendant either knew that such conduct was a threat to the lives of others or knew of circumstances that would reasonably cause the defendant to foresee that such conduct might be a threat to the lives of others. . . .”
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*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.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.
Topic Resources
Topic Videos 
15m 13s
13m 8s
13m 29s
Topic Refresher Courses 