The Supreme Court is divided over a case that has been called "commonsense" by some.
The case involves a seventh grade special education student who was brought to a Chapel Hill, NC police department to be questioned. Although the police finally got their confession from the student, the higher court debated whether age should be a factor when placing a girl or boy into custody.
The final outcome, 5-4, showed that even the highest court in the land could not agree on this seemingly simple case.
The opinion, written by Justice Sotomayer, emphasized the need for police to consider a juvenile's age before speaking with him/her about the crime. Furthermore, the child's age must be considered when deciding whether the obtained confession can be used in a court of law. A dissenting opinion from Justice Samuel Alito stated that if a child is Mirandized, age should not be a significant factor when questioning a young child.
If you have been charged with a criminal offense as a minor, contact us to speak with an
Orange County criminal defense attorney that handles
juvenile crime cases.