Note to Teachers: Use this chart to help students identify the factors that courts might take into consideration in each case to determine if someone is in custody and, therefore, should receive a Miranda warning.
Discussion Guide: Were They in Custody? | J.D.B. v. North Carolina | People v. Brandon Salinger |
Language Used to Summon the Individual | | |
Confrontation with Evidence of Guilt | | |
Physical Surroundings/Location | | |
Duration | | |
Degree of Pressure Applied (physical or otherwise) | | |
Other Factors | | |
Totality of the Circumstances: In Custody or Not? | | |
Discussion Guide for J.D.B. v. North Carolina and Fictional Scenario of People v. Brandon Salinger