For this Assignment, you will practice stating an issue and identifying the rule of law and show how they relate to the facts of a case.
In each fact situation for this Assignment, a statement was made by a juvenile without the presence of a parent, guardian, or legal custodian and without advisement of the juvenile’s rights. The question is whether each statement is admissible. For each of the following fact situations, draft a comprehensive, or narrow, statement of the issue in the law + question + key facts format, as presented in the textbook. Each statement of the issue should be only one sentence, and should be in the form of a question. Bear in mind that the statement will begin with the applicable law, followed by the question, and will conclude with the key facts that relate to the the law and question. Please refer to the textbook for a detailed explanation of how to draft a statement of the issue in the law + question + key facts format. For the law component, use the Colorado statute presented below. When drafting the law component, include the citation and a relevant portion of the title.
Each section (statement of the issue in the law, question, and key facts) should be comprehensive and specific. You must address each component in complete sentences, not in bullets or lists. All authorities must be in Bluebook format.
Statute: The statute is Colo. Rev. Stat. Ann. § 19-2-511. The title of the statute is “Statements.” This Colorado statute governs the admissibility of statements concerning delinquent acts made by a juvenile as a result of custodial interrogation by law enforcement officers. The statute provides that such statements are not admissible unless a parent, guardian, or legal custodian of the juvenile was present at the interrogation and that the juvenile and the parent, guardian, or legal custodian was advised of the juvenile’s rights.
Statement made by the juvenile without the presence of a parent, guardian, or legal custodian and without advisement of the juvenile’s rights:
- Prior to her interrogation, Beth told the police that she was 18 years old. Beth appears to be at least 18 years old.
- The principal and the school’s security officer interrogated Larry about his part in a theft that took place at the school.
- Tom was stopped for speeding. While he was stopped, the police officer giving Tom the ticket interrogated him concerning the speeding offense.
- Alice and a group of students were arrested at a party for curfew violation. On the way to the police station, Alice confessed to the police officer that she was drunk without the officer having asked her any questions
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