CRIM B4-CONSTITUTIONAL CRIMINAL PROCEDURE

WEEK 3

“FIRAC” (TOOL IN UNDERSTANDING CRIMINAL

LAW/PROCEDURE)
 CRIM B4-CONSTITUTIONAL CRIMINAL PROCEDURE
Week Three
Chapter 2 - Criminal Procedure and the Constitution

Crime Control Model-– goal is to reduce crime, efficiency, increase powers of police-prosecutors aimed at protecting comm. By lowering
crime rates, even if on occasion innocent persons are mistakenly convicted
 
Due Process Model- Protect rights, reliability, limit discretion of police-prosecutors Due process values individual freedoms
 
Criminal law is the study of the violations of rules and regulations where incarceration is a punishment option
 
Civil law – violations where the penalty is monetary compensation or injunctive relief, no incarceration; O.J. Simpson case showed the
power of civil remedies or solutions, the use of punitive damages- where a party sues personally a defendant
 
Burden of proof: civil –preponderance greater weight, criminal-beyond a reasonable doubt
 

Federal Questions of law- Those defined by federal statutes; Treason, Espionage

2
 CRIM B4-CRIMINAL PROCEDURE
Week Three
Case Brief Format

“FIRAC”

Facts: Only the reported key case information

Issue: Question to be answered in the case

Rule: The applicable law to the facts

Analysis: The discussion where the facts, issue, and rule of law relevant to the case are reviewed

Conclusion: The holding or disposition in the case after a complete analysis

 
 CRIM B4-CRIMINAL PROCEDURE
Week Three Case Brief Example
“FIRAC”

Facts:
Michael Brown, a 6-4, 300 lbs. male Black was approached by Ferguson Police Officer Darren Wilson, regarding the report of a “strong-
armed” robbery at a local convenience store. Brown & a friend fit the description of the suspects and Officer Wilson proceeded to contact the
suspects alone. The officer rolled down the window of his patrol car and called to the suspects, they approached the officer, a struggle
ensued. Brown allegedly reached into the police car and began struggling with the officer. Shots were fired and the other suspect ran. Brown
now wounded started to run away and was shot by the officer. Officer Wilson claimed Brown tried to take his gun out of the holster at which
time Officer Wilson retrieved his weapon, fired it at Brown and fatally wounding him.

Issue:
Did Officer Wilson have justification to use deadly force on Michael Brown? (Many collateral issues)
Rule:
Deadly Force is authorized by police officers if justified under the circumstances and is in the course and scope of their duties.
Analysis:
During the course of a robbery investigation Officer Wilson contacted Michael Brown as a possible suspect. The facts indicate Brown fit the
suspect description. There was a confrontation where Officer Wilson believed his life was in danger and he used deadly force. The facts
indicate there was a struggle between Brown and Officer Wilson and the officer fired his weapon at Brown striking him several times.
 
 CRIM B4-CRIMINAL PROCEDURE
Week Three Case Brief Example
“FIRAC”

Analysis Con’t)
The law provides a police officer is justified in using deadly force where the facts indicate the officer was in immediate danger and
fearful of his life. Police officers also may use deadly force to protect others, the “defense of others.” Police Officers may also use
deadly force on a fleeing felon.
The facts indicate Officer Wilson was in fear of his life, so he fired his weapon at Mr. Brown and striking him. Brown retreated and
Officer Wilson fired additional rounds striking and fatally wounding him.
Defense questions whether or not deadly force was necessary & reasonable in this case, explaining Michael Brown was unarmed and
did not pose a threat to the officer. The Prosecution argued Brown attempted to grab the officer’s weapon and if not prevented could
have resulted in the death of Officer Wilson.
Conclusion:
Local Missouri Court found the shooting was within legal guidelines and justified.
The Michael Brown killing sparked several days of riots in Ferguson, Missouri and throughout the United States