Code of Criminal Procedure · §51.095
Statements
Statements is covered under §51.095 and tested on the TCOLE peace officer licensing exam.
To prove this offense, the State must establish each of the following elements: Juvenile (under 17 at time of conduct); Warnings administered by a magistrate; Knowing/intelligent/voluntary waiver; Specific procedures for written, recorded, and res gestae statements.
Elements you must prove
- Juvenile (under 17 at time of conduct)
- Warnings administered by a magistrate
- Knowing/intelligent/voluntary waiver
- Specific procedures for written, recorded, and res gestae statements
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Worked examples
Worked example 1
Under Texas law, when a juvenile (under 17) is taken into custody, statements are governed by which framework?
- Same as adults under Art. 38.22
- Family Code §51.095, which sets specific procedures: warnings administered by a magistrate (for written statements), or by a magistrate for recorded statements before custodial questioning, with knowing/intelligent/voluntary waiver Correct
- No statements admissible
- Only oral statements admissible
Why: Juvenile statements are governed by §51.095, which requires magistrate-administered warnings prior to certain forms of statement. Failure to follow §51.095 generally renders the juvenile's statement inadmissible.
Statute: Tex. Family Code §51.095