SmartBrief
Confirm favorite deletion?
Children and Juvenile Law, Keyed to Feld, 6th Ed.
Fare v. Michael C.
Citation:
442 U.S. 707 (1979)Facts
On February 4, 1976, 16½-year-old Michael C., who had been on probation since age 12 and had a record of previous offenses, was taken into custody by Van Nuys, California police for questioning about the murder of Robert Yeager. Upon arrival at the station, two officers interrogated him and advised him of his Miranda rights. When asked if he wanted to give up his right to have an attorney present, Michael asked, “Can I have my probation officer here?” The officer responded that they couldn’t reach his probation officer at that time but reiterated his right to an attorney. Michael expressed concern about the police potentially misrepresenting someone as an attorney. After further discussion, Michael agreed to talk without an attorney present and subsequently made incriminating statements and sketches related to the murder. His probation officer testified that he had instructed Michael to contact him immediately upon any police contact. The Juvenile Court denied Michael’s motion to suppress his statements, finding that based on his age, experience with the court system, and the circumstances, he had knowingly waived his rights.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
Topic:
Identifies the topic of law and where this case fits within your course outline.Parties:
Identifies the cast of characters involved in the case.Procedural Posture & History:
Shares the case history with how lower courts have ruled on the matter.Case Key Terms, Acts, Doctrines, etc.:
A case specific Legal Term Dictionary.Case Doctrines, Acts, Statutes, Amendments and Treatises:
Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
Brief Facts:
A Synopsis of the Facts of the case.Rule of Law:
Identifies the Legal Principle the Court used in deciding the case.Facts:
What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case.Issue(s):
Lists the Questions of Law that are raised by the Facts of the case.Holding:
Shares the Court's answer to the legal questions raised in the issue.Concurring / Dissenting Opinions:
Includes valuable concurring or dissenting opinions and their key points.Reasoning and Analysis:
Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
Policy:
Identifies the Policy if any that has been established by the case.Court Direction:
Shares where the Court went from here for this case.