Topic Archive: Interrogation

People v. Lessie

The NJDC co-authored an amicus brief before the California Supreme Court with the Los Angeles Public Defender’s Office on the issue of whether a child’s request for a parent is a per se invocation of his Fifth Amendment rights. In this case, Lessie, the 16-year-old defendant, was taken into police custody and interrogated. Prior to…

In re P.M.P.

NJDC co-authored an amicus brief with the Urban Legal Clinic at Rutgers Law School that relied on the latest adolescent development research to argue that the New Jersey Supreme Court should extend juveniles additional protection at interrogation, including prohibiting questioning without counsel, and allow the filing of a delinquency complaint to trigger a juvenile’s right to…

Interrogation

“[E]vidence is accumulating that confessions by juveniles do not aid in individualized treatment…and that compelling the child to answer questions, without warning or advice as to his right to remain silent, does not serve this or any other good purpose.”               –  Justice Abe Fortas, United States Supreme Court,…

State v. Diaz

In March 2013, NJDC signed on to an amicus brief filed by the Center on Wrongful Convictions of Youth, urging the Supreme Court to affirm the trial court’s ruling that 15-year-old Maricela Diaz did not knowingly and intelligently waive her Miranda rights before a nine-hour interrogation, and suppressing her confession, a decision that was reversed…

State v. Barnes

At the request of the Tennessee Office of the Public Defender, the Center on Wrongful Convictions of Youth, joined by NJDC and several other organizations, filed an amicus brief in support of the suppression of a juvenile’s confession, which specifically sought a per se rule suppressing a confession where there is a threat of the…

Arizona v. Tyler B.

In March 2013, NJDC, along with 40 other organizations and individuals, signed onto an amicus brief filed by Juvenile Law Center in support of Tyler B., asserting that the trial court properly exercised its discretion in granting Tyler’s motion to suppress evidence derived from a blood draw. Amici argued that a youth’s age and other…

In re M.W.

NJDC, Juvenile Law Center, Center on Wrongful Convictions of Youth and the Children’s Law Center together as amici submitted a brief urging the Ohio Supreme Court to adopt a bright line rule that juveniles must have meaningful access to counsel during police interrogations and prior to waiver of their rights under Miranda v. Arizona. The…

People v. Patterson

NJDC joined the Center on Wrongful Convictions of Youth, the Exoneration Project at University of Chicago Law School, and several other interested organizations in filing an amicus brief in the Illinois Supreme Court. Amici urged the court to uphold the Illinois Appellate Court decision overturning the trial court’s conviction of 15-year-old Ronald Patterson and suppressing his…

J.D.B v. North Carolina

In the summer of 2010, NJDC signed onto an amicus brief in support of the petition for certiorari in J.D.B. v. North Carolina, a case asking whether the age of a child subjected to police questions is relevant to the custody analysis of Miranda v. Arizona, 384 U. S. 436 (1966). The United States Supreme Court…