In Custody or Free to Leave? Miranda Rights;
J. D. B. v. North Carolina

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In This Issue . . .

Circulation: 85,866
ISSN: 1538-320

June 22, 2011

A thirteen-year-old seventh grader is pulled out of class by a uniformed police officer, and interrogated by a police investigator at school.
U. S. Supreme Court
Before the interrogation, the police do not give him a Miranda warning, an opportunity to call his guardian, nor do they tell him that he is free to leave.

Is the child in custody? Is a child's age a relevant factor to consider in determining whether to issue a Miranda warning?

Last week, the U. S. Supreme Court answered these questions in J. D. B. v. North Carolina (09-11121), a
decision about custody, interrogations, key differences between children and adults, and Miranda warnings for kids.

In this issue of the Special Ed Advocate, we'll review the Supreme Court's decision in J. D. B.'s case. We'll also describe strategies you can use when children are arrested for school-related behavior problems.

Please don't hesitate to forward this issue to friends, family members, or colleagues.

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In Custody or Free to Leave? Supreme Court Clarifies Miranda Rights

The Supreme Court's decision in J. D. B. v. North Carolina breaks new ground.

When did the Court originally hold that suspects need protections during police interrogations? Why?

When is a suspect "in custody"? What questions need to be asked and answered by police and courts?

Is a child's age relevant in police interrogations? Are children entitled to special protections during police interrogations?

What was the outcome in this case? What happens next?

In In Custody or Free to Leave? Supreme Courts Expands Miranda Rights by Pete Wright & Pam Wright, you'll learn about custody, interrogations, Miranda warnings, and the impact of key differences between children and adults.

More articles about law and legal issues.

 

J. D. B. v. North Carolina (09-11121)

The Supreme Court's decision in J. D. B. v. North Carolina includes a 3 page Syllabus, an 18 page Opinion by Justice Sotomayor (joined by Justices Kennedy, Ginsburg, Breyer, and Kagan, and 19 page Dissent by Justice Alito (joined by Justices Roberts, Scalia and Thomas).

The decision is available on Wrightslaw at:

http://www.wrightslaw.com/law/caselaw/11/scotus.jdb.nc.pdf

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When Children Are Arrested for School-Related Behavior Problems

"Schools are having children with disabilities arrested for behaviors related to their disabilities. An outburst of any kind is met with handcuffs and detention."

"How can we stop this practice? Who can we turn to for help?"


In When Children Are Arrested for School-Related Behavior Problems, Pete answers these questions and offers strategies to deal with junk IEPs, and how to make juvenile court staff your allies.

More info about Juvenile Justice.

 
 

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