INTERROGATION OF MINORS IN SCHOOL - YES, SUPREME COURT RULING

The Supreme Court ruled that the Police could questions the boy in school without giving him the Miranda Rights.The Supreme Court ruled that the case in which the police obtained a confession from a 7th grade special education student. They questioned him at school, about a rash of breakins in Chapel Hill, NC without reading him his Miranda rights. They did not tell him that he could leave, or call his parents. They used the statement to convict him.

Since the boy was 13 years and in special education, it is questionable if he understood what was happening to him, during the questioning by the police at school.

Justice Sonia Sotomayor who was a former prosecutor wrote, the opinion of the court. The opinion stated that the police should consider the child's age before talking to him/her about a crime. The court should also consider the child's age when deciding whether the confession can be used in court, wrote Justice Sotomayor.

The child was a minor and the parents had the right of deciding whether their child's rights was violated.

Justice Sotomayor also wrote "children also feel bound to answer the police's questions, when an adult in the same circumstances would not answer the questions, and was bound with the Miranda Rights. She wrote that they (police, and courts) should bound themselves to commonsense. (WHAT ABOUT THE LAW AND THE 5TH AMENDMENT)

Justice Samuel Alito was also a former prosecutor, said " the point of the Miranda Rights was that the police would have clear objective guidelines to follow. His writing would open the door to consider the IQ of the child, educational level and cultural background. The incident took place in 2005 and the place was Chapel Hill, NC.

The North Carolina Supreme Court refused to throw out the boy's confession. JDB's attorney stated that the Miranda Rights in previous cases were to give the client, his rights before being questioned.

Justice Sotomayor was joined by: Justice Ruth Bader Ginsburg, Elena Kagan, Stephen Breyer, and Anthony Kennedy.

Dissenting were voting with Justice Alito, were Chief Justice John Roberts, Justice Scalia, and Clarence Thomas. They called the reading an extreme makeover of the Miranda Rights.

The puzzling factor in the ruling is the child did not receive his "Miranda Rights" whether he was a minor or an adult. The parents have the authority of a minor and not the courts, until the child reaches 18 years of age, they are considered a minor. The varied circumstances are puzzling to the public. If you don't receive your Miranda Rights, your rights have been violated. Further, the parents should have been notified before the child was questioned. The legal issue is still questionable in the case.

In the School District #205, Rockford, IL The Board of Education has enforced that the police can't question in the school, and on their property. The reason it is a violation of their rights, without the parents consent.

MIRANDA RIGHT

In 1966 the US Supreme Court Miranda v. Arizona declaring that whenever a person is taken into police custody he or she must be told of the Fifth Amendment - the right not to make any self-incriminating statements. As a result anyone in police custody must be told:

1) Right to remain silent.

2) Anything you say can be used against you.

3) You have the right to an attorney.

4) If you cannot afford an attorney, one will be appointed for you.

If the police officers questions a suspect without giving the Miranda warning, any statement or confession made is presumed to be involuntary and cannot be used against the suspect in any criminal case. Any evidence that is discovered as a result of that statement or confession will likely be thrown out of the case.

In the past juveniles have gotten more of an opportunity for the courts to be lenient with them.

SUMMARY

Parents should teach their children about rights.  When they are in school about what can happen to them, and instruct that you as the parent should be notified and called before they are questioned by the police or authorities.