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- Title
RECESS IS OVER: GRANTING MIRANDA RIGHTS TO STUDENTS INTERROGATED INSIDE SCHOOL WALLS.
- Authors
NORTH, KRISTI
- Abstract
When school officials and law enforcement question students about suspicious activities without parents or legal counsel present, students are overmatched. This power imbalance raises questions about whether students' constitutional rights are being adequately protected. These questions have gone largely unanswered, as the Supreme Court has never addressed the applicability of Miranda warnings in school interrogation settings. However, the 2011 J.D.B. v. North Carolina decision, in which the Supreme Court held a defendant's age relevant to custody for Miranda purposes, has opened the door for a reevaluation of the dynamics of school interrogations. This Comment argues that the mere presence of a law enforcement officer at a student's interrogation, occurring on school grounds in the absence of legal counsel, transforms the encounter into custodial interrogation, thus requiring Miranda warnings to be given. This argument rests on two foundations: (1) scientific evidence demonstrating that adolescents' brains are developmentally different from adults' brains, rendering them more vulnerable to shows of authority; and (2) the coercive effect of increasing law enforcement presence on school grounds in recent decades. Students deserve Miranda's protections when law enforcement is present during questioning because this police-dominated, inherently coercive interrogation environment is what the Miranda Court sought to protect against.
- Subjects
UNITED States; MIRANDA rights; LEGAL status of students; J.D.B. v. North Carolina (Supreme Court case); SCHOOL administrators; CONSTITUTIONAL law; LAW enforcement; MIRANDA v. Arizona; QUESTIONING -- Law &; legislation; LEGISLATION; LEGAL status of school administrators
- Publication
Emory Law Journal, 2012, Vol 62, Issue 2, p441
- ISSN
0094-4076
- Publication type
Article