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Worksheet and Answer Key

Use this worksheet and answer key as a discussion guide for J.D.B. v. North Carolina and the fictional scenario of People v. Brandon Salinger

  • Worksheet
  • Answer Key

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.

Discussion Guide: Were They in Custody?

J.D.B. v. North Carolina

People v. Brandon Salinger

Language Used to Summon the Individual

 

 

Confrontation with Evidence of Guilt

 

 

Physical Surroundings/Location

 

 

 

Duration

 

 

Degree of Pressure Applied (physical or otherwise)

 

 

 

 

                                   

Other Factors

 

 

 

 

Totality of the Circumstances:
In Custody or Not?

 

 

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