April 14, 2011
On March 23, 2011, the Supreme Court heard oral argument in J.D.B. v. North Carolina, a case concerning the standard used to determine when a suspect must be advised of his or her Miranda rights.
A person generally is not entitled to Miranda warnings until that person is to be subjected to questioning while in police custody. A person is usually considered to be in police "custody" if a reasonable person in the same circumstances would believe that he or she is not free to terminate the police questioning and leave. The question in the J.D.B. case is whether a court should consider the age of a juvenile suspect when determining whether the juvenile was in "custody" for Miranda purposes.
To discuss the case, we have Carissa Byrne Hessick, who is an associate professor at Arizona State University’s Sandra Day O’Connor College of Law.