Court says age must be considered in interrogation

Headline Legal News

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.


Related listings

  • 2 ex-judges, lawyer back to prison in Miss scheme

    2 ex-judges, lawyer back to prison in Miss scheme

    Headline Legal News 06/13/2011

    Two ex-judges and an attorney from Mississippi must return to federal prison for their convictions in a loan scheme. A federal appeals court had vacated their bribery convictions but upheld the guilty verdicts on corruption charges. So they needed to...

  • Ohio judge says Ford must pay dealers $2B

    Ohio judge says Ford must pay dealers $2B

    Headline Legal News 06/11/2011

    Ford Motor Co. must pay nearly $2 billion in damages to thousands of dealerships in a 2002 class-action lawsuit that said the automaker violated dealer agreements, an Ohio judge ruled Friday. Cuyahoga County Common Pleas Judge Peter Corrigan in Cleve...

  • Pa. appeals court upholds $188M Wal-Mart verdict

    Pa. appeals court upholds $188M Wal-Mart verdict

    Headline Legal News 06/11/2011

    A $188 million class-action verdict against Wal-Mart Stores Inc. and Sam's Club over payment to employees for rest breaks and off-the-clock work was upheld Friday by a Pennsylvania appeals court. A three-judge Superior Court panel said there was suff...

Business News