CASE BRIEF

A case brief should be 1-2 pages. (250-500 words) The brief for each case should be submitted before the date on the work schedule. Be prepared to discuss your brief in class.

Facts: Summarize the facts of the case. List only the essential facts that you need to understand the holding and reasoning of the case.

Procedure: Most of the cases that you'll read in law school will be appellate court decisions. In this section, you want to list what happened in the lower court(s). Do not go into too much detail. One or two sentences are sufficient for this section.

Issue(s): What is/are the question(s) facing the court? Form the issue questions in a way that they can be answered by yes or no.

Holding: How did the court answer the issue question(s)? YES/NO?

Reasoning: This is the most important section of your case brief. Here you want to list the reasoning of the majority in reaching its decision. You can actually be quite detailed in this section. List what the law was before this case was decided and how the law has changed after this decision. Law professors love to discuss the reasoning of a case in class discussions.

Concurring/dissenting opinions: Even though I read the concurring and dissenting opinions, I rarely brief them. However, there are some cases (e.g. Youngstown Sheet & Tube Co. v. Sawyer) where the concurring or dissenting opinions end up becoming more important than the majority's opinions. In such cases, you should add this section to your case brief.

Chapter 9 - Payne v. Tennessee and Victim Impact Statements -

Payne v. Tennessee and Victim Impact Statements

Pervis Tyrone Payne, covered in blood, was leaving an apartment just as police arrived after a neighbor reported hearing a "blood-curdling" scream. Inside the apartment, police found the bodies of Charisse and her daughter lying on the kitchen floor with multiple stab wounds from a butcher knife. Nicholas (Charisse's son) survived his deep knife wounds. Nevertheless, Payne was convicted of two counts of first degree murder and one count of first degree assault. When the trial entered the sentencing phase, the defense used the tactic of calling Payne's parents, his girlfriend, and a clinical psychologist to the stand to testify of Payne's background and character. Many distinctive points were made, including Payne's low IQ which marked him as mentally handicapped. The State countered with Charisse's mother testifying that Nicholas" cries for his mom. He doesn't seem to understand why she doesn't come home. And cries for his sister." The prosecution in the case made full use of her testimony and submitted a victim impact statement which read:
But there is something you can do for Nicholas. Somewhere down the road Nicholas is....going to want to know what type of justice was done. He is going to want to know what happened. With your verdict you will provide the answer.
Payne was unanimously sentenced to death by a jury of his peers. Now it brings to question: should victim impact statements be admissible during the sentencing phase of a trial? From what I believe, they should be considered before the sentencing phase and even during the sentencing phase. They were deemed unconstitutional in two cases: Booth v. Maryland,1987, and South Carolina v. Gathers, 1989. Both cases stated victim impact statements would create an unacceptable rick that a jury may impose the death penalty in an arbitrary and "capricious" manner. The cases were reviewed and brushed aside by the Supreme Court's Chief Justice William Rehnquist. The Court said that the Eighth Amendment does not prohibit the sentencing jury in a capital case from considering the statements and the emotional impact of the murder on the victim's families. Justice Marshall fired back: "Power, not reason, is the new currency of this Court's decision making." Critics believe that ventilation of anger and frustration through impact statements can demean the criminal justice process. They also wonder if the victim impact statements actually help the victim or if they simply give a false sense of closure to the victim until the victim finally testifies. This in turn leaves the possibility of a prolonged grievance process by delaying the victim's testimony in court to a later date. To any extent, the victim cannot move on with their life until the proper justice is delivered, whether or not they give a victim impact statement.