The legal brief summarizes a case where Jane Smith alleges she was sexually assaulted by Akindoyin Akinshipe. The defense claims the act was consensual. The prosecution aims to establish Akinshipe's predisposition to assault by showing he introduced himself as "DMX", and evidence collection found items showing an obsession with the rapper DMX, whose lyrics promote violence against women. The prosecution argues this collection helps prove Akinshipe's character for aggression and likelihood to commit the crime, though it does not definitively prove guilt. They must show the evidence is relevant under Michigan evidence law.

1. Preparing A Legal Brief
For the ongoing case: The State of
Michigan vs. Akindoyin Akinshipe

2. The Case
• Jane Smith was allegedly sexually assaulted on
October 11, 2011, by Akindoyin Akinshipe in a
parking lot near her place of work.
• Smith met Akinshipe at approximately 4pm, and
was seen having a conversation with him by a
witness.
• He then sexually assaulted her in a parking
lot, after which , she came to the police
department to get assistance.

3. The Defense
• Akinshipe claims that the act was consensual on
the grounds that Smith agreed to walk with him
to the parking lot.
• The defense attorney, Fred Coulson, maintains
that because Smith appeared unharmed when
she came to the hospital afterward, that she
must not have struggled and therefore was not
raped.

4. The Defense
• Coulson also brings up the point that Akinshipe
is not predisposed to perpetrate an act like this.
• He has brought in witnesses to testify to
Akinshipe’s character.

5. Our Counterargument
• Smith and the other witness both state that
Akinshipe initially introduced himself to Smith
as “DMX,” a popular rapper.
• This is the key to establishing Akinshipe’s
predisposition to assault.

6. DMX
• Popular rap musician.
• Lyrics tend toward disrespect
and violence toward women.
• Sample: “X is Coming”
http://www.youtube.com/wat
ch?v=VFT-UydFw7E

7. Evidence
• We will use Akinshipe’s music collection as
evidence that Akinshipe is, in fact, likely to have
sexually assaulted Smith.
• Akinshipe’s alias, DMX refers to a rap musician.
• Evidence teams collected a large variety of
paraphernalia regarding this rapper from the
defendant’s room, from CDs to posters and jeans
inscribed with lyrics.

8. Evidence
• Items found include CDs, jeans inscribed with
lyrics, signed poster, lyrics written onto
walls, responses to fan letters.
• Clearly, this collection, as well as Akinshipe’s use
of DMX as a pseudonym establishes a
connection with this music to the case.

9. The Defense’s Claim about Evidence
• The defense claims that the defendant’s music
collection is irrelevant and unnecessary, and
seized in a breach of the defendant’s rights.
• We need to prove that this is relevant evidence
to the case.

10. • Also to be considered: the counterargument that
it would be inconclusive to base an assessment
of the defendant’s character on his musical
collection, as many young men of his age might
have a similar one.

11. Study
• “The Effects of Violent Music on Children and
Adolescents”
• By Donald F. Roberts, Peter G. Christenson, and
Douglas A. Gentile

12. The Law
• Michigan Evidence Law 401: "Relevant
evidence" means evidence having any tendency
to make the existence of any fact that is of
consequence to the determination of the action
more probable or less probable than it would be
without the evidence.

13. The Law
• Michigan Evidence Law 404: (a) Character evidence
generally. Evidence of a person's character or a trait
of character is not admissible for the purpose of
proving action in conformity therewith on a
particular occasion

14. The Law
• Except: 1) Character of accused. Evidence of a
pertinent trait of character offered by an
accused, or by the prosecution to rebut the same;
or if evidence of a trait of character of the alleged
victim of the crime is offered by the accused and
admitted under subdivision (a)(2), evidence of a
trait of character for aggression of the accused
offered by the prosecution;

15. Strategy
• The defense may claim that character evidence is
not permissible under 404.
• However, we can make the case that the
collection proves that Akinshipe has a tendency
toward aggression, thus validating our use under
the same law.

16. Strategy
• We must stress that this is a unique collection
that clearly denotes an obsession and a desire to
emulate, rather than a normal admiration of a
musician. We must emphasize the lyrics that
denigrate women, or describe an intent to
sexually assault someone, as in “X is Coming.”

17. Strategy
• This will establish the defendant as being likely
to have committed the crime, and though it does
not prove our case, it will definitely be useful.
• The jury in this district may be
sympathetic, especially to the denigration of
women in the lyrics.
• This will also shed some light as to why the
defendant is pleading not-guilty; victim blaming
society norms.

18. Tasks
• Find Precedent; old cases that used similar
evidence.
• Compile a substantial sample of DMX’s music.
• Look into Akinshipe’s files, school records, to
find past instances of violent behavior.
• Look into DMX’s past; was he convicted of
similar crimes?

19. Tasks
• Interview Akinshipe’s friends and family about
his collection, attitudes about women.
• Look into judge’s history with similar cases
where evidence was in question.

20. • Thank you for your time this afternoon.