Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

The client is charged with theft. The law and facts are presented below. First draft a broad statement of the issue, then draft a narrow

  1. The client is charged with theft. The law and facts are presented below. First draft a broad statement of the issue, then draft a narrow statement of the issue.

Law: Criminal Code 18-16-401, Theft.

Facts: John was walking home from a movie late one night. The client came up behind John and told John to give the client all his money or the client would "be sorry." John gave the client his money.

  1. The client is charged with murder in the first degree. The law and facts are presented below. First draft a broad statement of the issue, then draft a narrow statement of the issue.

Law: Criminal Code 18-8-101, Murder in the First Degree.

Facts: While the client was robbing a convenience store, a customer had a heart attack when the client pulled out a gun and threatened the sales clerk. The customer died in the hospital a week later.

  1. The client is charged with computer crime. The law and facts are presented below. First draft a broad statement of the issue, then draft a narrow statement of the issue.

Law: Criminal Code 18-5-1, Computer Crime.

Facts: One night after work, the client accessed his personnel file on the store computer. He altered his and two other employees' personnel files. He had to hack into the files to access the information.

  1. Mary is charged with receiving stolen property. The law and facts are presented below. First draft a broad statement of the issue, then draft a narrow statement of the issue.

Law: Criminal Code 18-22-01 Receiving Stolen Property.

Facts: Tom stole a car. When he sold it to Mary for $100, he told her that he was able to sell it cheaply because he had found the car abandoned. Mary never questioned Tom about the circumstances.

Part II.

For Part II, you will use the Colo. Rev. Stat. Ann. Code section that is provided to you. Do not perform any outside research. Apply the code to each of the four scenarios. Each of the answers will start with: "Under Colorado Revised Statute Annotated 19-2-511,. . ."

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.

In each fact situation for this assignment, the 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. For the law component, use the Colorado statute presented above. When drafting the law component, include the citation and a relevant portion of the title.

1. Prior to her interrogation, Beth told the police that she was 18 years old. Beth appears to be at least 18 years old.

2. The principal and the school's security officer interrogated Larry about his part in a theft that took place at the school.

3. Tom was stopped for speeding. While he was stopped, the police officer giving Tom the ticket interrogated him concerning the speeding offense.

4. 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.

Part III.

For this portion of the assignment, you must perform some outside research. You must locate and apply Virginia's Arson statutes. The question is whether the offense of arson has been committed.

For the following fact situations, draft a comprehensive, or narrow, statement of the issue in the Law + Question + Key Facts format for the law component of the Virginia statute. When drafting the law component, include the citation and the title.

Note: Virginia has a whole series of statutes related to arson and burning, so pick the statute that you think is most relevant to each issue.

1. Gerard sets his neighbor's field of corn on fire.

2. Gerard sets a shed on fire. He thinks the shed is on his property and belongs to him. It does not belong to him, and it is not on his property.

3. It is a very windy day, and Gerard has a large pile of dried weeds that he wants to burn. He knows he should wait to burn the weeds when it is not windy, but he decides to take the risk and burns the pile of weeds. The fire gets out of control, and he sets his neighbor's house on fire.

4. Gerard is driving under the influence of alcohol. He loses control of his vehicle, hits his neighbor's car, and the car catches on fire.

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access with AI-Powered Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image

Step: 3

blur-text-image

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Entrepreneurship

Authors: Andrew Zacharakis, William D Bygrave

5th Edition

1119563097, 9781119563099

Students also viewed these Law questions

Question

an example of a PHP JSON data manipulation

Answered: 1 week ago