Hi, Im working on a supreme court case for school. in my case this boy was not read his Miranda rights, but was he in custody?
Delafield, WI |
my supreme court case (for school) is J.D.B. v. North Carolina and i am representing North Carolina. J.D.B was brought into the guidence office with four other adults one being a police officer. The police officer did not tell him his miranda rights,but was this necessary, because was he even in custody? The police officer did get a confesion out of J.D.B. but i believe that they cannot use it in court if he was not in custody and if he was not read his miranda rights. Is this correct?
If this is a homework assignment, I think you need to answer this one yourself. Often, in the law, there is no "right" answer. What's more important is how you get to your answer and the logic and reasoning behind your argument.