Comments on: J.D.B., the Supreme Court, and Miranda

By: Student

Student — Thu, 08 Nov 2012 15:37:58 +0000

Do you know what happened to JDB on remand?

By: George E. Bourguignon, Jr.

George E. Bourguignon, Jr. — Sat, 16 Jul 2011 22:32:42 +0000

Very important criminal law issue, I must say. Justice Alito has a point in saying that that taking age into account will open the door to the question of intelligence and sophistication. Does that mean us lawyers don’t get one? (Half serious).

By: George E. Bourguignon, Jr.

George E. Bourguignon, Jr. — Sat, 16 Jul 2011 22:30:26 +0000

Looks like this case will make the principal’s newsletter. Also, those practicing “education law” will need to be aware of it too. The advice may be, after reviewing a school’s practices and procedures, to give the Miranda warning more often. Talk about scaring a kid . . . yikes. How much good is a Miranda warning to a kid?

By: NCProsecutor

NCProsecutor — Tue, 21 Jun 2011 17:35:17 +0000

The answer is simple — giving Miranda warnings where they are not required by law will reduce the chances that a guilty suspect will confess. Truthful, non-coerced confessions are a good thing and are therefore valued by the criminal justice system. Miranda and its progeny have always recognized that basic fact.

By: Defender

Defender — Tue, 21 Jun 2011 16:18:37 +0000

I have never understood why the issue of Mirnada warnings arises in criminal cases. Who cares if the Defendant is in custody or not. If you are a law enforcement officer and want to question a Defendant, simply give the warning, document that you did and question away. Its not like administering the Miranda warning is complicated and overly burdensome to law enforcement.

By: John Fitzpatrick

John Fitzpatrick — Tue, 21 Jun 2011 12:42:13 +0000

I agree with Dennis. Since the parents can be held responsible for their children’s action, it is good to include them.

By: Dennis

Dennis — Mon, 20 Jun 2011 21:34:59 +0000

It’s always been my belief that the parent of the child should be present during questioning of this magnitude. The chances of the juvenile feeling intimidated increases and fosters their admitting to nearly anything if they’re under such duress. This procedure would be two-fold in that it would ease the child’s mind AND demonstrate to parents that the authorities aren’t attempting to surreptitiously or illegally obtain information from their child.

As a police officer I would notify the parent or guardian of the detained juvenile as soon as practicable, thus garnering a more cooperative relationship with the folks who are inevitably going to be culpable, monetarily at least, and that is the parent/guardian. With that, I only had one parent who refused to cooperate only to have her apologize later after her son admitted to committing the crime to her.