Written by attorney Jack Joseph Gold

Juvenile confessions and Miranda, a recent look by the U.S. Supreme Court

The case of JDB v North Carolina tackles the voluntariness of a Juveniles confession under Miranda. Decided June 16, 2011. In this case the minor was "suspected" of committing residential burglaries near the school he attended. JDB was 13 years old. During school, a "uniformed officer" took JDB from his classroom to a small room. At the time, JDB was confronted by uniformed police officers and school administrators and was not advised that 1) he was free to leave at anytime and was not under arrest 2) that he could call his parents if he wished. 3) not read his Miranda rights. He was questioned for 30 minutes.

Therefore, when confronted with this scenario, the Lawyer "must" look at all the facts and recreate the scene for the Juvenile Judge so that it falls within the facts of JDB v North Carolina. A Juvenile of young and tender years needs to be told in plain and simple English that "he is free to leave if he wants to" and not badgered by uniformed police officers and adult administrators in a locked and closed room. that is the thrust of the Miranda argument which in California would be under an Evidence Code 402 motion. Since this is a United States Supreme court decision, it is applicable in all the States. Pay heed to this case. does it fit into your facts?

Additional resources provided by the author

You can get to this opinion by searching google under JDB v North Carolina for the whole opinion

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