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.
Answer Key:
Were They in Custody? | J.D.B. v. North Carolina | People v. Brandon |
Language Used to Summon the Individual | escorted by police from class to school conference room | escorted by mall security to mall business office |
Confrontation with Evidence of Guilt | yes – shown a digital camera | yes – had tie in his pocket |
Physical Surroundings/Location | closed-door school conference room with two police officers and two school administrators | mall business office with window on the reception area where others were seen, including his sister using her cell phone |
Duration | about 45 minutes | 15 minutes + |
Degree of Pressure Applied (physical or otherwise) | when summoned by school authorities, students do not feel free to leave until released; but was allowed to leave at end of school day | was told that if he didn’t cooperate, he and his sister might go to jail
threat that he would be held in detention pending trial |
Other Factors | | questioned in a public space, not isolated, and could see his sister talking on her cell phone |
Totality of the Circumstances: In Custody or Not? | Question of custody has been remanded to the N.C. state courts to answer | You Decide |
Discussion Guide for J.D.B. v. North Carolina and Fictional Scenario of People v. Brandon Salinger