Case Brief

Brief the case Commonwealth v. Perl, 2000. You can find this case on pages 112-116 in the textbook. Your brief should contain the following sections: Facts, Issues, Holding, and Rationale. Read the instructions below carefully and be sure to apply the feedback you received from the first case brief. Please upload your response as a Word Document or PDF. Do not submit a link. Your case brief should be no more than two pages, double-spaced. Please use size 12 font. You can use any standard font type (Calibri, Times New Roman, Arial). In part from the textbook Introduction to Law and Criminal Justice on pages 7-12 (Acker & Malatesta, 2015): Briefing cases is a standard technique to analyze and more fully comprehend long and oftentimes complicated court case decisionsthe opinion. To brief a case means to write your understanding of it according to the structure outlined as follows. Begin by providing the name of the case, its full citation, and the textbook page where the opinion begins (for easy reference). Then, organize your case brief into the following sections: Facts: The first section of your brief should summarize the relevant case facts. Describe what happened in the case. This should be enough background to describe the context and arguments leading up to the current appeal. The facts might include important aspects of the crime- the who, how, when, where, what, and why- along with important details of its investigation and prosecution. Also, briefly describe the outcomes of the lower court rulings, known as the judicial history of the case, that preceded the decision you are briefing. If any particular constitutional issue is raised during this discussion, be sure to include this as well. This should be brief but thorough. Issue(s): The next section of the brief should state the precise question or questions of law presented to the appellate court for decision. You should state the issue comprehensively in the form of a question that allows even readers who are unfamiliar with the case facts to understand what the court is being asked to decide, “Should the conviction be reversed?” or “Was the defendant properly found guilty of murder?” are too vague. “Can a murder conviction be upheld when the alleged victim’s body has not been discovered and proof of the alleged death rests exclusively on circumstantial evidence?” clearly outlines the major issue the court is deciding. Holding: The court’s holding is a concise answer to the question in the issues section. For example, the holding in a case involving the preceding question might be: “No. The proof necessary to support a murder conviction does not have to include discovery of the victim’s body, but rather can be in the form of circumstantial evidence of the victim’s death. Conviction affirmed.” Rationale: This last section of your brief should summarize the reasons offered by the court in support of its holding. This is likely to be the longest part of your brief. You must use your own analytical skills to understand and then succinctly explain the main points and justifications for the court’s decision. If concurring or dissenting opinions were written, make note of important points raised in them that complement or challenge the majority opinion’s reasoning. This section is very important because the opinions of a court often rely on past decisions (precedent) along with other reasoning/authority in support of the holding. Additionally, the legal reasoning in this case can be expected to influence future case decisions.