Brief of the National Association of Criminal Defense Lawyers as Amicus Curiae in Support of Petitioner
Jonathan Hacker
Jeffrey T. Green
Mark D. Hopson
Stephanie P. Hales
SummaryOriginal

Summary

Age, an objective factor, can be considered in Miranda custody analysis without burdening law enforcement. It aligns with Miranda's aim for clear guidelines.

2010

Brief of the National Association of Criminal Defense Lawyers as Amicus Curiae in Support of Petitioner

Keywords age and experience; totality of circumstances; Miranda custody analysis; custody; interrogation; objective fact; involuntary confessions; reasonable person
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Summary of Argument

The age of a person is an objective fact that, when known by the interrogating officer, is a circumstance of the interrogation that a court may properly consider in a Miranda custody analysis. In Yarborough v. Alvarado, 541 U.S. 652 (2004), this Court held that the state court did not “unreasonably apply . . . clearly established Federal law” by neglecting to consider Alvarado’s age2 explicitly in its Miranda custody analysis. In so holding, the Court expressly left open the question whether a court may consider age—and, if so, under what circumstances. Consistent with Miranda and its progeny, including Alvarado, amicus curiae NACDL respectfully urges this Court to confirm in this case that age, like other factual circumstances that comprise an interrogation environment, may be properly considered by a court as part of the “totality of circumstances” for purposes of the Miranda custody test when that fact is known by both parties to the interrogation.

Permitting a court to consider age, when known, as part of the Miranda custody test does not convert the analysis into a subjective test. In order to be relevant to the “custody” analysis, a factor under consideration must be an “objective fact,” not a “subjective experience” that “depend[s] on the actual mindset of a particular suspect.” See Alvarado, 541 U.S. at 667- 68. The age of the person being questioned, when known to the interrogating officer, is not a “subjective experience” or a matter subject to debate or interpretation. When an objective fact—including the age of the person being questioned—is known to the interrogating officers, they need not engage in guesswork about the person’s particular “frailties or idiosyncrasies.” See Berkemer v. McCarty, 468 U.S. 420, 442 n.35 (1984). Although interrogating officers (and courts) will have to assess the relative impact and significance of age in the context of all other objective circumstances, this is no different—and no less “objective”—than the analysis for any other circumstance this Court has upheld as appropriately considered under the Miranda custody test, such as the length or location of the interrogation. Also like any other objective fact, age will not be dispositive. It may not even be significant in some cases, as in Alvarado, depending upon the particular facts. That said, the objective exercise of applying a reasonable person standard necessitates an evaluation of “all of the circumstances surrounding the interrogation,” Stansbury v. California, 511 U.S. 318, 322 (1994) (per curiam) (emphasis added), in order for the court to “determine what it would have been like for a reasonable man to be in the suspect’s shoes,” Thompson v. Keohane, 516 U.S. 99, 119 (1995) (Thomas, J., dissenting). To the extent that the age of the interviewee is known to the questioner and may materially affect whether a reasonable person in the position of the interviewee would view himself as free to leave, that objective fact should not be excluded from the custody inquiry. Cf. United States v. Arvizu, 534 U.S. 266, 274-75 (2002) (criticizing lower court’s removal of certain factors from its analysis under a “totality of the circumstances” test).

The Alvarado majority noted that “[t]here is an important conceptual difference between the Miranda custody test and the line of cases from other contexts considering age and experience”—such as, for example, the voluntariness of confessions. 541 U.S. at 667. But the fact that the inquiries are conceptually distinct does not mean that age is irrelevant in the “custody” context. For example, this Court has already recognized a number of factors, such as the location and length of the interrogation, as being relevant both to the voluntariness inquiry that assesses the suspect’s state of mind as well as the custody analysis that is based upon a reasonable person standard. See, e.g., Gallegos v. Colorado, 370 U.S. 49, 52-53, 54, 55 (1962) (noting relevance of the length of questioning in voluntariness analysis); In re Gault, 387 U.S. 1, 53, 54 (1967) (in context of voluntariness analysis, noting instances where interviewee was “placed in the police station” and where statements were “made at police headquarters”); Alvarado, 541 U.S. at 664-65 (noting as relevant factors in custody test that questioning took place “at the police station” and that “[t]he interview lasted two hours, four times longer than the 30-minute interview in Mathiason”); Mathiason v. Oregon, 429 U.S. 492, 495-96 (1977) (location of interrogation is relevant to custody test, albeit not dispositive); id. at 495 (noting as relevant to custody test the fact that interview lasted half an hour).

Certain common factors are inherent in the interactions between law enforcement officers and suspects, and these factors, when present and known to both parties, will inform any determination based upon the totality of the circumstances. The age of a suspect, like the location or length of the questioning, is one of the objective facts that (when known to the interrogating officer) should inform a court’s decision whether the interrogation was custodial, in addition to informing a court’s decision whether any statement made was voluntary. To the extent an individual’s age affects a reasonable and objective view of whether that person would have felt he or she was not free to leave under the circumstances of the case, the age of the individual should not be ignored.

Considering age as part of the custody inquiry does not impose any impractical or inappropriate burdens on law enforcement and is consistent with Miranda’s policy goal to provide clear guidelines to law enforcement. Conversely, a holding that the suspect’s age is never relevant to the custody analysis could put officers in the odd position of having to ignore certain facts about the suspect that would have bearing on the interrogation environment. In this case, the interrogating officer was specially trained in juvenile law enforcement and was well aware of the juvenile suspect’s age. The officer chose the child’s middle school as the site of an interrogation regarding a nonschool incident and conducted the interrogation during school hours in a closed conference room, without contacting the child’s guardian. In these circumstances, a rule permitting a court to consider the juvenile’s age as part of the custody inquiry would not complicate the analysis of or place undue burdens upon the police. Such a rule simply allows a court to account for the knowledge of the interrogation scene that an officer and suspect both have, consistent with this Court’s precedents.

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Summary of Argument

In Yarborough v. Alvarado (2004), the Supreme Court declined to explicitly consider the suspect's age in its Miranda custody analysis. However, the Court left open the possibility that age could be a relevant factor under certain circumstances. This article argues that age, when known to both the interrogating officer and the suspect, should be considered as part of the "totality of circumstances" test for Miranda custody.

Objectivity of Age

Age is an objective fact that is not subject to interpretation or debate. Unlike subjective experiences, which may vary depending on the individual, age is a concrete and verifiable characteristic. Therefore, it can be appropriately considered in an objective custody analysis.

Relevance to Custody Determination

The age of a suspect can materially affect whether a reasonable person in their position would feel free to leave an interrogation. For example, a young child may be more likely to feel intimidated or overwhelmed in a police interrogation setting than an adult. This objective fact should be taken into account when assessing the totality of circumstances.

Consistency with Miranda Precedents

The Court has previously recognized other objective factors, such as the location and length of an interrogation, as relevant to both the voluntariness inquiry and the custody analysis. Age is a similarly objective factor that should be considered in the custody context.

Practical Considerations

Considering age in the custody inquiry does not impose undue burdens on law enforcement. In cases where the suspect's age is known to the interrogating officer, it is a factor that can be easily taken into account. Conversely, ignoring age could lead to situations where officers are forced to disregard relevant information.

Conclusion

When known to both parties, the age of a suspect is an objective fact that should be considered as part of the totality of circumstances test for Miranda custody. This approach is consistent with Miranda's goal of providing clear guidelines to law enforcement and ensures that the custody analysis takes into account all relevant factors that may affect a reasonable person's perception of their freedom to leave.

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Summary of Argument

When police question a suspect, they must determine if the suspect is in custody. If so, they must inform the suspect of their Miranda rights, including the right to remain silent and the right to an attorney.

Age as a Relevant Factor

The age of the suspect can be a relevant factor in determining whether they are in custody. This is because age can affect how a reasonable person would feel in the same situation. For example, a young child might feel more intimidated and less free to leave than an adult.

Objective vs. Subjective Factors

Age is an objective fact, meaning it is not subject to interpretation. This makes it different from subjective factors, such as the suspect's mental state, which cannot be easily known by the police.

Totality of Circumstances

Courts consider all of the circumstances surrounding an interrogation when determining custody. This includes the age of the suspect, as well as other factors such as the location and length of the interrogation.

Practical Considerations

Considering age does not place an undue burden on police. In fact, it can help them make more accurate custody determinations. For example, if a police officer knows that a suspect is a minor, they may choose to conduct the interrogation in a more appropriate setting, such as at the child's school with a parent or guardian present.

Conclusion

Age is a relevant factor that courts may consider when determining whether a suspect is in custody. This is consistent with the goal of Miranda to provide clear guidelines to law enforcement and protect the rights of suspects.

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Summary of Argument

When police question someone, they have to decide if the person is in custody. This means they have to figure out if the person feels like they can't leave. If the person is in custody, the police have to read them their Miranda rights, like the right to remain silent and the right to an attorney.

One thing that courts can consider when deciding if someone is in custody is the person's age. In a recent case, the Supreme Court said that age can be a factor, but only if the police know the person's age.

Age can be important because it can affect how a person feels in a situation. For example, a young person might feel more scared or intimidated when being questioned by police than an adult.

Age isn't the only thing that matters. Courts also look at other things, like:

  • Where the questioning takes place

  • How long the questioning lasts

  • What the police say and do

Police still need to follow the rules and make sure they're not pressuring people into talking. But it does mean that if they know the person they're questioning is young, they might need to be more careful about how they handle the situation.

In the case that went to the Supreme Court, a police officer questioned a middle school student at the school during school hours. The officer knew the student was a minor. The court could consider the student's age because the officer knew it. They could also consider that the questioning happened at school and that the student's parents weren't there.

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Summary of Argument

When police question someone, they have to follow certain rules to make sure the person's rights are protected. One of these rules is called the Miranda rule. It says that police have to tell people they have the right to stay silent and have a lawyer present before they can be questioned.

But there's a question about whether a person's age should matter when police are deciding if they need to follow the Miranda rule. If someone is very young, they might not understand their rights or be able to protect themselves as well as an adult.

Some people think that age should matter. They say that police should be more careful when questioning young people because they might not fully understand what's happening. They also say that young people might be more likely to feel scared or pressured by police.

Other people think that age shouldn't matter. They say that everyone should be treated the same way by police, regardless of their age. They also say that it would be too difficult for police to figure out when someone is too young to understand their rights.

The court is still deciding what to do about this question. But it's important to remember that everyone has the right to be treated fairly by police, no matter how old they are.

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Footnotes and Citation

Cite

Brief of the National Association of Criminal Defense Lawyers as Amicus Curiae in Support of Petitioner, J.D.B. v. North Carolina, No. 09-11121 (U.S. Dec. 23, 2010).

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