In a US Supreme Court decision (J.D.B. v. North Carolina) released today, the Court ruled (5-4) that a youth’s age does need to be considered as a factor when giving Miranda warnings – particularly as it relates to a youth’s ability to understand whether or not they are “in custody” and can adequately exercise consent to be questioned. 

The case involved a 13-year-olds student in North Carolina who was questioned by police related to two home break-ins but was not given his Miranda warnings until after confessing.  That seems “backward” to say the least, but the decision revolves around the underlying issues of whether a youth really understands that they are “free to leave” when questioned by law enforcement – a critical factor in determining at what point in questioning/conversations by police actual warnings need to be given.

This case continues a trend toward reflecting an understanding that there are cognition and other developmental differences that need to be considered when applying “adult-like” procedures to youthful offenders and is a step in the right direction in preserving the rights of youth when dealing with much more sophisticated adults.