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    Student Miranda rights: being questioned by the police at school

    Date: 03.29.11 | by Judge Tom.

    The case of J.D.B. v. North Carolina was argued before the U.S. Supreme Court last week. The case involves the police questioning a 13-year-old special needs student at school about crimes committed in the area. Since J.D.B. was a suspect, the police went to his school and had him pulled from class and brought to the front office. The police did not read him his rights and did not notify his parent or guardian. Listen to Judge Tom and criminal attorney Natalie discuss this case and explain Miranda rights as applied to students.

    Update:  The U.S. Supreme Court decided the case on June 16, 2011. They ruled 5 to 4 that J.D.B.’s rights were violated and that the police should have taken into consideration his age before questioning him. If you recall, the Miranda case (1966) outlined certain warnings that law enforcement is required to give persons who are “in custody” before questioning them. In 1967, those warnings were extended to minors who are questioned by the police (In re Gault). Now, the police must add “age” as a factor in determining if the juvenile understands whether he or she is in custody and has the right to remain silent.

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    Judge Tom

    This post was written by Judge Tom. Judge Tom is the founder and moderator of AsktheJudge.info. He is a retired juvenile judge and spent 23 years on the bench. He has written several books for lawyers and judges as well as teens and parents including the recently published 'Teen Cyberbullying Investigated' (Free Spirit Publishing). When he's not answering teens' questions, Judge Tom can be found hiking, traveling and reading.

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