Use these questions to jumpstart a discussion about juveniles and the Fifth Amendment.
Review Miranda v. Arizona
1. How does J.D.B. v. North Carolina relate to Miranda v. Arizona?
2. In what circumstances does the Miranda decision apply?
3. What does the Miranda decision require law enforcement officers to do in those circumstances?
Apply J.D.B. v. North Carolina to the scenario in People v. Brandon Salinger
1. What impact does the Supreme Court’s decision in J.D.B. v. North Carolina have on juveniles like Brandon – and you?
2. What factors should be considered in determining whether a juvenile is in custody and is entitled to a Miranda warning?
3. Among the factors considered in determining whether a juvenile is in custody, should age be one of the factors?
4. Does it matter if J.D.B. and Brandon were in custody at the time they were questioned? Why or why not?
5. If J.D.B. and Brandon had been given a Miranda warning, what would the police have said to them?