The Atlanta Lawyer August/September 2011 | Page 23

summer law internship program
Each year, our Summer Law Internship Program Interns are required to write an essay on a current
legal topic. This year’s topic was JDB v North Carolina, in which a young student was questioned at
school by law enforcement and not read his Miranda Warnings. For more information, please visit
http://www.supremecourt.gov/opinions/10pdf/09-11121.pdf. Marcya Burden’s, Sakinah Muhammad’s
and JaKira Smith’s essays were selected as the best out of the 32 submitted.

J.D.B. v. North Carolina opinion
By:Marcya Burden, Greater Atlanta Adventist Academy
Atlanta Bar Association Summer Law Intern

I

t’s your average, typical school day. The halls fill with noise
and commotion. Doors to classrooms open and close as
children enter to learn. But this day is not average for one
child. Thirteen-year-old referred to as J.D.B was taken from
his classroom at school by a police officer to be questioned
because stolen items were found in his possession and at his
school that fit the description of a crime scene investigation.
J.D.B was sent to a closed-door conference room, where
police and school administrators questioned him for at least
thirty minutes. Before the questioning began, he was not
given Miranda warnings, the option to call his grandmother
(legal guardian), nor did they tell him that he was free to leave
the room. He at first denied any accusations, but after being
interrogated, he was urged by the officers to tell the truth and
they told him about the prospect of juvenile detention.
After this occurred, only then did investigator DiCostanzo
tell J.D.B. that he could refuse to answer questions and
was free to leave. J.D.B. was asked if he understood and
the thirteen-year-old simply nodded, provided further detail
about the location of the stolen i [\