Court says age must be considered in interrogation
Headline Legal News | 2011/06/20 11:13

A divided Supreme Court said Thursday that police and courts must consider a child's age when examining whether a boy or girl is in custody, a move the court's liberals called "common sense" but the conservatives called an "extreme makeover" of Miranda rights.

The 5-4 decision came in a case in which police obtained a confession from a seventh-grade special education student while questioning him at school about a rash of break-ins in Chapel Hill, N.C., without reading him his Miranda rights, telling him he could leave or call his relatives.

Justice Sonia Sotomayor, a former prosecutor who wrote the opinion, said police have to consider the child's age before talking to him or her about a crime. Courts also have to take the child's age into consideration when deciding whether that confession can be used in court, she said.

"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," Sotomayor said, adding there was no reason for "police officers or courts to blind themselves to that commonsense reality."

But Justice Samuel Alito, also a former prosecutor, said the point of Miranda was that police would have clear, objective guidelines to follow. Opening the door to considering age likely will mean that other characteristics could soon be added to the list, such as educational level, I.Q. and cultural background, he said.

"Safeguarding the constitutional rights of minors does not require the extreme makeover of Miranda that today's decision may portend," Alito said in the dissent.

The special education student, known as JDB in court papers, was 13 in 2005 when he confessed while interviewed by police and school officials in a closed room at his school.




[PREV] [1] ..[1696][1697][1698][1699][1700][1701][1702][1703][1704].. [2240] [NEXT]
All
Headline Legal News
Legal Topics
Legal Business
Attorney News
Court News
Court Watch
Areas of Focus
Legal Interview
Opinions
Court: NFL's Bucs not entitled to..
Utah judge suspended for making a..
DeVaney sworn in to South Dakota ..
Brazil's supreme court votes to m..
Russian court extends arrest for ..
Former Nissan chairman Ghosn appe..
Feds: US Supreme Court should tur..
Supreme Court conservatives attac..
Students in Colorado shooting fac..
Supreme Court says 1 state can’t..
A loophole could keep young terro..
Georgia high court to hear appeal..
News attorneys: Opioid distributi..
Trump, GOP states ask appeals cou..
Wisconsin court says gun site not..
EPA reaffirms glyphosate safe for..
Slovak court rejects to ban parli..
Kansas court bolsters abortion ri..
Canada privacy watchdog taking Fa..
Myanmar court rejects appeal of j..




Santa Ana Workers' Compensation Lawyers
www.davidgentrylaw.com
Chicago Truck Drivers Lawyer
Chicago Workers' Comp Attorneys
www.krol-law.com
Bar Association Website Design
Bar Association Member Management
www.lawpromo.com
Indianapolis, IN Personal Injury Law Firm
Indian Personal Injury Attorneys
www.rwp-law.com
Downtown Manhattan Business Law Attorneys
Breach of Contract Lawyers
www.woodslaw.com
San Francisco Trademark Lawyer
San Francisco Copyright Lawyer
www.onulawfirm.com
Lorain Elyria Divorce Lawyer
www.loraindivorceattorney.com
Chicago Business Law Attorney
Corporate Litigation Attorneys
www.rothlawgroup.com
Surry County Criminal Defense Lawyers
Yadkin County Family Law Attorneys
www.dirussolaw.com
Connecticut Special Education Lawyer
www.fortelawgroup.com
Law Firm Web Design Templates
Lawyer Website Templates
www.webpromo.com
   Legal Resource
Headline Legal News for You to Reach America's Best Legal Professionals. The latest legal news and information - Law Firm, Lawyer and Legal Professional news in the Media.
 
 
 
Copyright © ClickTheLaw.com. All Rights Reserved. Legal Marketing Blog. The content contained on the web site has been prepared by Click The Law. as a service to the internet community and is not intended to constitute legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance. By using the www.clickthelaw.com you agree to be bound by these Terms & Conditions.

Affordable Legal Web Designby Law Promo