• 19
  • December
    2011

In 2011, the U.S. Supreme Court issued several decisions that impacted criminal defense law. We will review some of the Supreme Court's key decisions in the next several blog posts and discuss how they may affect those facing criminal charges.

J.D.B. v. North Carolina

This case involved the admissibility of statements made by a 13-year-old accused of burglary. The child was interviewed in a conference room at his school by a police officer. The boy was not issued a Miranda warning and the court had to consider whether the statements he made to the officer were made while he was "in custody" and were therefore rendered inadmissible evidence by the Fifth Amendment.

The Supreme Court created a new standard for determining whether a juvenile is in custody when being questioned. In short, the police officer must consider the child's age when questioning him; the younger the child, the more likely they will feel they "have to" stay and answer the officer's questions, therefore triggering the need for a Miranda warning. This new standard could affect law enforcement procedure for questioning children about crimes.

When you are facing criminal charges, make sure you fully protect your rights and contact an experienced Philadelphia criminal defense attorney. Your freedom and future can be determined by a skilled defense lawyer's ability to recognize a seemingly-trivial procedural or evidentiary flaw in the prosecution's case.

Source: policeone.com, "2011 in review: 7 key decisions of the U.S. Supreme Court," Terrence Dwyer, Dec. 9, 2011