Supreme Court Decision on Juvenile Miranda Rights
Today, a divided United States Supreme Court ruled that police should have considered a 13-year-old robbery suspect's age when he was questioned in J.D.B. v. North Carolina. The question presented to the court was whether the juvenile was entitled to be given a Miranda warning. The juvenile was taken from his classroom into a conference room where a police officer, assistant principal, school resource officer and an intern asked the child if he wanted to talk about the robbery. He agreed to talk and eventually admitted he was involved in robberies that had occurred throughout the neighborhood. The police officer told him he did not have to continue talking; however, he continued to incriminate himself further for approximately 30 to 45 minutes. The child's parents were not notified and he was never read his Miranda rights.
When charges were filed in juvenile court, the judge allowed the confession to be admitted as evidence since the child was not taken into custody and provided the statements voluntarily. The Supreme Court found that age is something that must be considered in deciding whether a person is considered in custody. However, the dissenting judges felt that the majority was taking Miranda too far and applying personal characteristics in the once, objective standard.
In cases like this, an experienced criminal defense lawyer would be able to determine whether a person would be considered "in custody" for Miranda purposes. For example, the length of the interview and the number of officers present are applicable factors. Our South Carolina criminal attorneys are knowledgeable on both the federal and state levels and can assist you with your case.
If you or someone are being charged with a state or federal crime, contact one of our South Carolina lawyers for a free consultation at 1-800-94-TRIAL.
