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: