|
Speak Out
You have a right to remain silent: Juveniles and Miranda rights
In September 2005, a 13-year-old boy was pulled from class and taken to a conference room in his school. Inside the room sat the vice principal, an office intern and a police detective. The detective asked the student if he knew about a string of home burglaries that had happened near his home.
The detective told the student that he could leave, but he stayed. After 30 to 45 minutes of questioning, the student confessed to the crimes. His grandmother, who is his legal guardian, was not notified of the interrogation, and the student (identified only as J.D.B. in court documents) was never read his Miranda rights, which include the right to have an attorney present during questioning.
The student was allowed to leave after he confessed. Later, when he was at home, the police came with a search warrant, which was obtained based on the student’s answers, and found items taken in the burglaries.
| The right against self-incrimination is a provision of the Fifth Amendment and is probably the best-known of all legal rights since it is mentioned frequently on television and in movies – whether in dramatic courtroom scenes or before the police question someone in custody. (“You have the right to remain silent. Anything you do or say can be used against you in a court of law.”) The right protects individuals from being forced to reveal to the police, prosecutor, judge or jury any information that might subject them to criminal prosecution. If police violate the Fifth Amendment by forcing a suspect to confess, a court may suppress the confession, meaning prohibit it from being used as evidence at trial. |
Should the detective have advised the student of his Miranda rights before questioning?
This question is now before the Supreme Court in the case J.D.B. v. the State of North Carolina.
Now, police must first determine whether “reasonable” people would consider themselves in custody. If the answer is yes – say they have been selected in a police lineup and are sitting in an interrogation room – then police must tell suspects that they have the right to remain silent, have an attorney present, and if under 18, have their parents notified. These are called the Miranda rights, and you’ve probably heard them if you’ve ever watched a police drama on television.
J.D.B.’s defense attorney argues that while an adult may have chosen to leave the conference room, a 13-year-old might feel pressured to stay. Furthermore, the defense argues that teenagers and young people are much more susceptible to coercion by the police and interpret the idea of custody differently from adults. Because police did not read the Miranda rights to J.D.B., he was denied his Fifth Amendment protection against self-incrimination, the defense argues.
Defending the arrest, prosecutors for the State of North Carolina argue that considering age when determining whether someone is in custody is subjective, meaning not concrete or definite and open to interpretation. They argue that considering the person’s age isn’t fair to police, and it would require them to consider a range of other possible factors, such as education or mental abilities.
What do you think?
Should the detective have read the Miranda warning to the student? Take yourself back a couple of years: Would you have thought you were in custody when you entered the conference room? Should officers consider age when determining whether they should tell suspects their Miranda rights? Join the discussion and let us know what you think!
|
Join the Discussion
|
|
Related News
|
Related Resources
|
Share
|
|