J. D. B. v. NORTH CAROLINA

Status
Not open for further replies.

john39

New Member
http://www.thelaw.com/forums/showthread.php?t=44575&page=4

http://www.supremecourt.gov/opinions/10pdf/09-11121.pdf

"IMO, you're beating a horse that should be dead"

It appears not.

Justice SOTOMAYOR delivered the opinion of the Court.
This case presents the question whether the age of a child subjected to police questioning is relevant to the custody analysis of Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966). It is beyond dispute that children will often feel bound to submit to police questioning when an adult in the same circumstances would feel free to leave. Seeing no reason for police officers or courts to blind themselves to that commonsense reality, we hold that a child's age properly informs the Miranda custody analysis.
 
Last edited:
Best to discuss case law in the same thread instead of discussing it separately and raising the point here. This is an issue regarding criminal law and the Miranda case requirements regarding arrest. Most people are familiar with the Miranda Warning ("you have the right to remain silent. Anything you say or do can be used against you in a court of law, etc.) and I'm sure others can read this case from the U.S. Supreme Court and decide for themselves.
 
Status
Not open for further replies.
Back
Top