The Atlanta Lawyer August/September 2011 | Page 24

summer law internship program
The location of the interrogation is also another key factor when
reviewing the opinion of this case. J.D.B. was interrogated at
Smith Middle School in Chapel Hill, North Carolina. A school
is a place where students can gain knowledge in various
subjects. webster defines school as an institution where
instruction is given, especially to persons under college age.
The setting of a school can create an influential atmosphere.
Since the interrogation was held at J.D.B.’s school, he was
not questioned in private. School administrators and staff were
also present in the room while the officer questioned J.D.B.
This can put a child under a lot of pressure. J.D.B. during the

interrogation was also urged by faculty after his first initial
statement of denial of the accusations to “tell the truth,” and
was not even given the benefit of the doubt that what he
initially reported was true. At school, a student’s presence is
obligatory and disobedience is a cause for punishment. with
this in mind, it is far more uncomfortable and nerve racking to
be interrogated by police officers at a school. One may give
a confession of doing something when they really didn’t just
because of the weight and influence of the school, staff, and
disciplinary system.▪

J.D.B. v. North Carolina opinion
By:sakinah Muhammad, Druid Hills High School
Atlanta Bar Association Summer Law Intern

E

very day children wake up, have breakfast, and are
shipped off to school by their parents. A child’s school
is viewed as a place of safety, knowledge, and most
importantly security. There is security in education, child
welfare, and fair treatment of all students. These days however, a growing number of students in these schools are
committing acts of violence and being punished through
juvenile court systems. when a person is arrested, one of
the first things heard by the person is their Miranda rights.
But what happens when possibly your child is questioned
by law enforcement or even school officials in an enclosed
setting for hours without your knowledge? Could it be considered an interrogation? Or does the law simply deny a
person their basic right of knowledge of their Miranda rights
due to their age? The U.S. Supreme Court has decided that
your friendly neighborhood middle school is not necessarily
a Miranda-Free Zone.
In J.D.B. v. North Carolina, the court held that a child’s age
should be taken into consideration in deciding whether the
well-known Miranda ruling and warning - “You have the right
to remain silent ....” applies. The facts of the case raised a
more profound issue: whether the police can use school attendance to get around the Constitution. J.D.B. was suspected by police of committing a neighborhood burglary. when
the 13-year-old boy brought a stolen digital camera to school
one day, a teacher reported him and the police were called.
J.D.B. was pulled out of class by a uniformed police officer
and brought to a conference room ݡ