ALITO, J., DISSENTING
J. D. B. V. NORTH CAROLINA
564 U. S. ____ (2011)
SUPREME COURT OF THE UNITED STATES
NO. 09-11121
J. D. B., PETITIONER
v. NORTH CAROLINA
on writ of certiorari to the supreme court of north
carolina
[June 16, 2011]
Justice Alito, with whom The
Chief Justice, Justice Scalia, and Justice Thomas join,
dissenting.
The Court’s decision in this case
may seem on first consideration to be modest and sensible, but in
truth it is neither. It is fundamentally inconsistent with one of
the main justifications for the
Miranda[Footnote 1] rule: the perceived need for a clear
rule that can be easily applied in all cases. And today’s holding
is not needed to protect the constitutional rights of minors who
are questioned by the police.
Miranda’s prophylactic regime places
a high value on clarity and certainty. Dissatisfied with the highly
fact-specific constitutional rule against the admission of in-
voluntary confessions, the
Miranda Court set down rigid
standards that often require courts to ignore personal
characteristics that may be highly relevant to a particular
suspect’s actual susceptibility to police pressure. This rigidity,
however, has brought with it one of
Miranda’s principal
strengths—“the ease and clarity of its application” by law
enforcement officials and courts. See
Moran v.
Burbine,
475 U. S. 412, 425–426
(1986). A key contributor to this clarity, at least up until now,
has been
Miranda’s objective reasonable-person test for
determining custody.
Miranda’s custody requirement is
based on the proposition that the risk of unconstitutional coercion
is heightened when a suspect is placed under formal arrest or is
subjected to some functionally equivalent limitation on freedom of
movement. When this custodial threshold is reached,
Miranda warnings must precede police questioning. But in
the interest of simplicity, the custody analysis considers only
whether, under the circumstances, a hypothetical reasonable person
would consider himself to be confined.
Many suspects, of course, will differ from
this hypothetical reasonable person. Some, including those who have
been hardened by past interrogations, may have no need for
Miranda warnings at all. And for other suspects—those who
are unusually sensitive to the pressures of police
questioning—
Miranda warnings may come too late to be of
any use. That is a necessary consequence of
Miranda’s
rigid standards, but it does not mean that the constitutional
rights of these especially sensitive suspects are left unprotected.
A vulnerable defendant can still turn to the constitutional rule
against
actual coercion and contend that that his
confession was extracted against his will.
Today’s decision shifts the
Miranda
custody determination from a one-size-fits-all reasonable-person
test into an inquiry that must account for at least one
individualized characteristic—age—that is thought to correlate with
sus-ceptibility to coercive pressures. Age, however, is in no way
the only personal characteristic that may correlate with
pliability, and in future cases the Court will be forced to choose
between two unpalatable alternatives. It may choose to limit
today’s decision by arbitrarily distinguishing a suspect’s age from
other personal characteristics—such as intelligence, education,
occupation, or prior experience with law enforcement—that may also
correlate with susceptibility to coercive pressures. Or, if the
Court is unwilling to draw these arbitrary lines, it will be forced
to effect a fundamental transformation of the
Miranda
custody test—from a clear, easily applied prophylactic rule into a
highly fact-intensive standard resembling the voluntariness test
that the
Miranda Court found to be unsatisfactory.
For at least three reasons, there is no need
to go down this road. First, many minors subjected to police
interrogation are near the age of majority, and for these suspects
the one-size-fits-all
Miranda custody rule may not be a
bad fit. Second, many of the difficulties in applying the
Miranda custody rule to minors arise because of the unique
circumstances present when the police conduct interrogations at
school. The
Miranda custody rule has always taken into
account the setting in which questioning occurs, and accounting for
the school setting in such cases will address many of these
problems. Third, in cases like the one now before us, where the
suspect is especially young, courts applying the constitutional
voluntariness standard can take special care to ensure that
incriminating statements were not obtained through coercion.
Safeguarding the constitutional rights of
minors does not require the extreme makeover of
Miranda
that today’s decision may portend.
I
In the days before
Miranda, this Court’s sole metric for evaluating the
admissibility of confessions was a voluntariness standard rooted in
both the Fifth Amendment’s Self-Incrimination Clause and the Due
Process Clause of the Fourteenth Amendment. See
Bram v.
United States,
168 U. S. 532, 542
(1897) (Self-Incrimination Clause);
Brown v.
Mississippi,
297 U. S. 278 (1936)
(due process). The question in these voluntariness cases was
whether the particular “defendant’s will” had been “overborne.”
Lynumn v.
Illinois,
372 U. S. 528, 534
(1963). Courts took into account both “the details of the
interrogation”
and “the characteristics of the accused,”
Schneckloth v.
Bustamonte,
412 U. S. 218, 226
(1973), and then “weigh[ed] … the circumstances of pressure against
the power of resistance of the person confessing.”
Stein
v.
New York,
346 U. S. 156, 185
(1953).
All manner of individualized,
personal characteristics were relevant in this voluntariness
inquiry. Among the most frequently mentioned factors were the
defendant’s education, physical condition, intelligence, and mental
health.
Withrow v.
Williams,
507 U. S. 680, 693 (1993); see
Clewis v.
Texas,
386 U. S. 707, 712
(1967) (“only a fifth-grade education”);
Greenwald v.
Wisconsin,
390 U. S. 519, 520–521
(1968)
(per curiam) (had not taken blood-pressure
medication);
Payne v.
Arkansas,
356 U. S. 560, 562,
n. 4, 567 (1958) (“mentally dull” and “ ‘slow to
learn’ ”);
Fikes v.
Alabama,
352 U. S. 191, 193, 196,
198 (1957) (“low mentality, if not mentally ill”). The suspect’s
age also received prominent attention in several cases,
e.g.,
Gallegos v.
Colorado,
370 U. S. 49, 54 (1962),
especially when the suspect was a “mere child.”
Haley v.
Ohio,
332
U. S. 596, 599 (1948) (plurality opinion). The weight assigned
to any one consideration varied from case to case. But all of these
factors, along with anything else that might have affected the
“individual’s . . . capacity for effective choice,” were relevant
in determining whether the confession was coerced or compelled. See
Miranda v.
Arizona, 384 U. S. 436, 506–507 (1966) (Harlan,
J., dissenting).
The all-encompassing nature of the
voluntariness inquiry had its benefits. It allowed courts to
accommodate a “complex of values,”
Schneckloth,
supra, at 223, 224, and to make a careful, highly
individualized determination as to whether the police had wrung “a
confession out of [the] accused against his will.”
Blackburn v.
Alabama,
361 U. S. 199, 206–207
(1960). But with this flexibility came a decrease in both certainty
and predictability, and the voluntariness standard proved difficult
“for law enforcement officers to conform to, and for courts to
apply in a consistent manner.”
Dickerson v.
United
States,
530 U. S. 428, 444 (2000).
In
Miranda, the Court supplemented
the voluntariness inquiry with a “set of prophylactic measures”
designed to ward off the “ ‘inherently compelling pressures’
of custodial interrogation.” See
Maryland v.
Shatzer, 559 U. S. __, __ (2010) (slip op., at 4) (quoting
Miranda, 384 U. S., at 467).
Miranda greatly
simplified matters by requiring police to give suspects standard
warnings before commencing any custodial interrogation. See
id., at 479. Its requirements are no doubt “rigid,” see
Fare v.
Michael C.,
439 U. S. 1310, 1314
(1978) (Rehnquist, J., in chambers), and they often require courts
to suppress “trustworthy and highly probative” statements that may
be perfectly “voluntary under [a] traditional Fifth Amendment
analysis.”
Fare v.
Michael C.,
442 U. S. 707, 718
(1979). But with this rigidity comes increased clarity.
Miranda provides “a workable rule to guide police
officers,”
New York v.
Quarles,
467 U. S. 649, 658 (1984) (internal
quotation marks omitted), and an administrable standard for the
courts. As has often been recognized, this gain in clarity and
administrability is one of
Miranda’s “principal
advantages.”
Berkemer v.
McCarty,
468 U. S. 420, 430 (1984); see also
Missouri v.
Seibert,
542 U. S. 600, 622
(2004) (Kennedy, J., con-curring in judgment).
No less than other facets of
Miranda,
the threshold requirement that the suspect be in “custody” is
“designed to give clear guidance to the police.”
Yarborough v.
Alvarado,
541 U. S. 652, 668, 669
(2004). Custody under
Miranda attaches where there is a
“formal arrest” or a “restraint on freedom of movement” akin to
formal arrest.
California v.
Beheler,
463 U. S. 1121, 1125 (1983)
(per
curiam) (internal quotation marks omitted)
. This
standard is “objective” and turns on how a hypothetical “reasonable
person in the position of the individual being questioned would
gauge the breadth of his or her freedom of action.”
Stansbury v.
California,
511 U. S. 318, 322–323,
325 (1994)
(per curiam) (internal quotation marks
omitted).
Until today, the Court’s cases applying this
test have focused solely on the “objective circumstances of the
interrogation,”
id., at 323, not the personal
characteristics of the interrogated.
E.g.,
Berkemer,
supra, at 442, and n. 35; but cf.
Schneckloth, 412 U. S., at 226 (voluntariness inquiry
requires consideration of “the details of the interrogation”
and “the characteristics of the accused”). Relevant
factors have included such things as where the questioning
occurred,[
Footnote 2] how long
it lasted,[
Footnote 3] what was
said,[
Footnote 4] any physical
restraints placed on the suspect’s movement,[
Footnote 5] and whether the suspect was allowed
to leave when the questioning was through.[
Footnote 6] The totality of
these
circumstances—the external circumstances, that is, of the
interrogation itself—is what has mattered in this Court’s cases.
Personal characteristics of suspects have consistently been
rejected or ignored as irrelevant under a one-size-fits-all
reasonable-person standard.
Stansbury, supra, at
323 (“[C]ustody depends on the objective circumstances of the
interrogation, not on the subjective views harbored by either the
interrogating officers or the person being questioned”).
For example, in
Berkemer v.
McCarty, supra, police officers conducting a traffic stop
questioned a man who had been drinking and smoking marijuana before
he was pulled over.
Id., at 423. Although the suspect’s
inebriation was readily apparent to the officers at the scene,
ibid., the Court’s analysis did not advert to this or any
other individualized consideration. Instead, the Court focused only
on the external circumstances of the interrogation itself. The
opinion concluded that a typical “traffic stop” is akin to a
“
Terry stop”[
Footnote
7] and does not qualify as the equivalent of “formal arrest.”
Id., at 439.
California v.
Beheler,
supra, is another useful example. There, the circumstances
of the interrogation were “remarkably similar” to the facts of the
Court’s earlier decision in
Oregon v.
Mathiason,
429 U. S. 492 (1977)
(per
curiam)—the suspect was “not placed under arrest,” he
“voluntarily [came] to the police station,” and he was “allowed to
leave unhindered by police after a brief interview.” 463 U. S., at
1123, 1121. A California court in
Beheler had nonetheless
distinguished
Mathiason because the police knew that
Beheler “had been drinking earlier in the day” and was “emotionally
distraught.” 463 U. S., at 1124–1125. In a summary reversal, this
Court explained that the fact “[t]hat the police knew more”
personal information about Beheler than they did about Mathiason
was “irrelevant.”
Id., at 1125. Neither one of them was in
custody under the objective reasonable-person standard.
Ibid.
; see also
Alvarado,
supra, at 668, 669 (experience with law enforcement
irrelevant to
Miranda custody analysis “as a
de
novo matter”).[
Footnote
8]
The glaring absence of reliance on personal
characteristics in these and other custody cases should come as no
surprise. To account for such individualized considerations would
be to contradict
Miranda’s central premise. The
Miranda Court’s decision to adopt its inflexible
prophylactic requirements was expressly based on the notion that
“[a]ssessments of the knowledge the defendant possessed, based on
information as to his age, education, intelligence, or prior
contact with authorities, can never be more than speculation.” 384
U. S., at 468–469.
II
In light of this established
practice, there is no denying that, by incorporating age into its
analysis, the Court is embarking on a new expansion of the
established custody standard. And since
Miranda is this
Court’s rule, “not a constitutional command,” it is up to the Court
“to justify its expansion.” Cf.
Arizona v.
Roberson,
486 U. S. 675, 688
(1988) (Kennedy, J., dissenting). This the Court fails to do.
In its present form,
Miranda’s prophylactic regime already imposes “high
cost[s]” by requiring suppression of confessions that are often
“highly probative” and “voluntary” by any traditional standard.
Oregon v.
Elstad,
470 U. S. 298, 312
(1985); see
Dickerson, 530 U. S., at 444 (under
Miranda “statements which may be by no means involuntary,
made by a defendant who is aware of his ‘rights,’ may nonetheless
be excluded and a guilty defendant go free as a result”).
Nonetheless, a “core virtue” of
Miranda has been the
clarity and precision of its guidance to “police and courts.”
Withrow v.
Williams,
507 U. S. 680, 694 (1993) (internal
quotation marks omitted); see
Moran, 475 U. S., at 425
(“[O]ne of the principal advantages of
Miranda is the ease
and clarity of its application” (internal quotation marks
omitted)). This increased clarity “has been thought to outweigh the
burdens” that
Miranda imposes.
Fare, 442 U. S.,
at 718. The Court has, however, repeatedly cautioned against
upsetting the careful “balance” that
Miranda struck,
Moran, supra, at 424, and it has “refused to
sanction attempts to expand [the]
Miranda holding” in ways
that would reduce its “clarity.” See
Quarles, 467 U. S.,
at 658 (citing cases). Given this practice, there should be a
“strong presumption” against the Court’s new departure from the
established custody test. See
United States v.
Patane,
542
U. S. 630, 640 (2004) (plurality opinion). In my judgment, that
presumption cannot be overcome here.
A
The Court’s rationale for
importing age into the custody standard is that minors tend to lack
adults’ “capacity to exercise mature judgment” and that failing to
account for that “reality” will leave some minors unprotected under
Miranda in situations where they perceive themselves to be
confined. See
ante, at 10, 8. I do not dispute that many
suspects who are under 18 will be more susceptible to police
pressure than the average adult. As the Court notes, our
pre-
Miranda cases were particularly attuned to this
“reality” in applying the constitutional requirement of
voluntariness in fact.
Ante, at 9 (relying on
Haley, 332 U. S., at 599 (plurality opinion), and
Gallegos, 370 U. S., at 54). It is no less a “reality,”
however, that many persons
over the age of 18 are also
more susceptible to police pressure than the hypothetical
reasonable person. See
Payne, 356 U. S., at 567 (fact that
defendant was a “mentally dull 19-year-old youth” relevant in
voluntariness inquiry). Yet the
Miranda custody standard
has never accounted for the personal characteristics of these or
any other individual defendants.
Indeed, it has always been the
case under
Miranda that the unusually meek or compliant
are subject to the same fixed rules, including the same custody
requirement, as those who are unusually resistant to police
pressure.
Berkemer, 468 U. S., at 442, and n. 35
(“[O]nly relevant inquiry is how a reasonable man in the suspect’s
position would have understood his situation”).
Miranda’s
rigid standards are both overinclusive and underinclusive. They are
overinclusive to the extent that they provide a windfall to the
most hardened and savvy of suspects, who often have no need for
Miranda’s protections. Compare
Miranda,
supra, at 471–472 (“[N]o amount of circumstantial evidence
that the person may have been aware of ” his rights can
overcome
Miranda’s requirements), with
Orozco v.
Texas,
394
U. S. 324, 329 (1969) (White, J., dissenting) (“Where the
defendant himself [w]as a lawyer, policeman, professional criminal,
or otherwise has become aware of what his right to silence is, it
is sheer fancy to assert that his answer to every question asked
him is compelled unless he is advised of those rights with which he
is already intimately familiar”). And
Miranda’s
requirements are underinclusive to the extent that they fail to
account for “frailties,” “idiosyncrasies,” and other individualized
considerations that might cause a person to bend more easily during
a confrontation with the police. See
Alvarado, 541 U. S.,
at 662 (internal quotation marks omitted). Members of this Court
have seen this rigidity as a major weakness in
Miranda’s
“code of rules for confessions.” See 384 U. S., at 504 (Harlan, J.,
dissenting);
Fare, 439 U. S., at 1314 (Rehnquist, J., in
chambers) (“[T]he rigidity of [
Miranda’s] prophylactic
rules was a principal weakness in the view of dissenters and
critics outside the Court”). But if it is, then the weakness is an
inescapable consequence of the
Miranda Court’s decision to
supplement the more holistic voluntariness requirement with a
one-size-fits-all prophylactic rule.
That is undoubtedly why this Court’s
Miranda cases have never before mentioned “the suspect’s
age” or any other individualized consideration in applying the
custody standard. See
Alvarado,
supra, at 666.
And unless the
Miranda custody rule is now to be radically
transformed into one that takes into account the wide range of
individual characteristics that are relevant in determining whether
a confession is voluntary, the Court must shoulder the burden of
explaining why age is different from these other personal
characteristics.
Why, for example, is age different from
intelligence? Suppose that an officer, upon going to a school to
question a student, is told by the principal that the student has
an I. Q. of 75 and is in a special-education class. Cf.
In
re J. D. B., 363 N. C. 664, 666, 686 S. E.
2d 135, 136–137 (2009). Are those facts more or less important than
the student’s age in determining whether he or she “felt … at
liberty to terminate the interrogation and leave”? See
Thompson v.
Keohane,
516 U. S. 99, 112 (1995).
An I. Q. score, like age, is more than just a number.
Ante, at 8 (“[A]ge is far ‘more than a chronological
fact’ ”). And an individual’s intelligence can also yield
“conclusions” similar to those “we have drawn ourselves” in cases
far afield of
Miranda.
Ante, at 12. Compare
ibid. (relying on
Eddings v.
Oklahoma,
455 U. S. 104 (1982), and
Roper v.
Simmons,
543 U. S. 551 (2005)), with
Smith v.
Texas,
543 U. S. 37, 44–45
(2004)
(per curiam).
How about the suspect’s cultural background?
Suppose the police learn (or should have learned, see
ante, at 11) that a suspect they wish to question is a
recent immigrant from a country in which dire consequences often
befall any person who dares to attempt to cut short any meeting
with the police.[
Footnote 9] Is
this really less relevant than the fact that a suspect is a month
or so away from his 18th birthday?
The defendant’s education is another personal
characteristic that may generate “conclusions about behavior and
perception.”
Ante, at 9 (internal quotation marks
omitted). Under today’s decision, why should police officers and
courts “blind themselves,”
ante, at 1, to the fact that a
suspect has “only a fifth-grade education”? See
Clewis,
386 U. S., at 712 (voluntariness case). Alternatively, what if the
police know or should know that the suspect is “a college-educated
man with law school training”? See
Crooker v.
California,
357 U. S. 433, 440
(1958), overruled by
Miranda,
supra, at 479, and
n. 48. How are these individual considerations meaningfully
different from age in their “relationship to a reasonable person’s
understanding of his freedom of action”?
Ante, at 11. The
Court proclaims that “[a] child’s age . . . is different,”
ante, at 12, but the basis for this
ipse dixit is
dubious.
I have little doubt that today’s decision will
soon be cited by defendants—and perhaps by prosecutors as well—for
the proposition that all manner of other individual characteristics
should be treated like age and taken into account in the
Miranda custody calculus. Indeed, there are already lower
court decisions that take this approach. See
United States
v.
Beraun-Panez, 812 F. 2d 578, 581, modified 830
F. 2d 127 (CA9 1987) (“reasonable person who was an alien”);
In re Jorge D., 202 Ariz. 277, 280, 43 P. 3d 605, 608
(App. 2002) (age, maturity, and experience);
State v.
Doe, 130 Idaho 811, 818, 948 P. 2d 166, 173 (1997)
(same);
In re Joshua David C., 116 Md. App. 580,
594, 698 A. 2d 1155, 1162 (1997) (“education, age, and
intelligence”).
In time, the Court will have to confront these
issues, and it will be faced with a difficult choice. It may choose
to distinguish today’s decision and adhere to the arbitrary
proclamation that “age . . . is different.”
Ante, at 12.
Or it may choose to extend today’s holding and, in doing so,
further undermine the very rationale for the
Miranda
regime.
B
If the Court chooses the latter
course, then a core virtue of
Miranda—the “ease and
clarity of its application”—will be lost.
Moran, 475 U.
S., at 425; see
Fare, 442 U. S., at 718 (noting that the
clarity of
Miranda’s requirements “has been thought to
outweigh the burdens that the decision . . . imposes”). However,
even today’s more limited departure from
Miranda’s
one-size-fits-all reasonable-person test will produce the very
consequences that prompted the
Miranda Court to abandon
exclusive reliance on the voluntariness test in the first place:
The Court’s test will be hard for the police to follow, and it will
be hard for judges to apply. See
Dickerson v.
United
States,
530 U. S. 428, 444 (2000).
The Court holds that age must be
taken into account when it “was known to the officer at the time of
the interview,” or when it “would have been objectively apparent”
to a reasonable officer.
Ante, at 11. The first half of
this test overturns the rule that the “initial determination of
custody” does not depend on the “subjective views harbored by . . .
interrogating officers.”
Stansbury, 511 U. S., at 323. The
second half will generate time-consuming satellite litigation over
a reasonable officer’s perceptions. When, as here, the
interrogation takes place in school, the inquiry may be relatively
simple. But not all police questioning of minors takes place in
schools. In many cases, courts will presumably have to make
findings as to whether a particular suspect had a sufficiently
youthful look to alert a reasonable officer to the possibility that
the suspect was under 18, or whether a reasonable officer would
have recognized that a suspect’s I. D. was a fake. The inquiry
will be both “time-consuming and disruptive” for the police and the
courts. See
Berkemer, 468 U. S., at 432 (refusing to
modify the custody test based on similar considerations). It will
also be made all the more complicated by the fact that a suspect’s
dress and manner will often be different when the issue is
litigated in court than it was at the time of the
interrogation.
Even after courts clear this initial hurdle,
further problems will likely emerge as judges attempt to put
themselves in the shoes of the average 16-year-old, or 15-year-old,
or 13-year-old, as the case may be. Consider, for example, a
60-year-old judge attempting to make a custody determination
through the eyes of a hypothetical, average 15-year-old. Forty-five
years of personal experience and societal change separate this
judge from the days when he or she was 15 years old. And this judge
may or may not have been an average 15-year-old. The Court’s answer
to these difficulties is to state that “no imaginative powers,
knowledge of developmental psychology, [or] training in cognitive
science” will be necessary.
Ante, at 17. Judges “simply
need the common sense,” the Court assures, “to know that a
7-year-old is not a 13-year-old and neither is an adult.”
Ante, at 17. It is obvious, however, that application of
the Court’s new rule demands much more than this.
Take a fairly typical case in which today’s
holding may make a difference. A 16-year-old moves to suppress
incriminating statements made prior to the administration of
Miranda warnings. The circumstances are such that, if the
defendant were at least 18, the court would not find that he or she
was in custody, but the defendant argues that a reasonable
16-year-old would view the situation differently. The judge will
not have the luxury of merely saying: “It is common sense that a
16-year-old is not an 18-year-old. Motion granted.” Rather, the
judge will be required to determine whether the differences between
a typical 16-year-old and a typical 18-year-old with respect to
susceptibility to the pressures of interrogation are sufficient to
change the outcome of the custody determination. Today’s opinion
contains not a word of actual guidance as to how judges are
supposed to go about making that determination.
C
Petitioner and the Court attempt
to show that this task is not unmanageable by pointing out that age
is taken into account in other legal contexts. In particular, the
Court relies on the fact that the age of a defendant is a relevant
factor under the reasonable-person standard applicable in
negligence suits.
Ante, at 11 (citing Restatement (Third)
of Torts §10, Comment
b, p. 117 (2005)). But
negligence is generally a question for the jury, the members of
which can draw on their varied experiences with persons of
different ages. It also involves a
post hoc determination,
in the reflective atmosphere of a deliberation room, about whether
the defendant conformed to a standard of care. The
Miranda
custody determination, by contrast, must be made in the first
instance by police officers in the course of an investigation that
may require quick decisionmaking. See
Quarles, 467 U. S.,
at 658 (noting “the importance” under
Miranda of providing
“a workable rule ‘to guide police officers, who have only limited
time and expertise to reflect on and balance the social and
individual interests involved in the specific circumstances they
confront’ ”);
Alvarado, 541 U. S., at 668, 669
(“[T]he custody inquiry states an objective rule designed to give
clear guidance to the police”).
Equally inapposite are the Eighth
Amendment cases the Court cites in support of its new rule.
Ante, at 9, 11, 12 (citing
Eddings, 455 U. S. 104,
Roper,
543 U. S. 551, and
Graham v.
Florida, 560 U. S. ___ (2010)). Those decisions involve
the “judicial exercise of independent judgment” about the
constitutionality of certain punishments.
E.g.,
id., at ___ (slip op., at 16). Like the negligence
standard, they do not require on-the-spot judgments by the
police.
Nor do state laws affording extra protection
for juveniles during custodial interrogation provide any support
for petitioner’s arguments. See Brief for Petitioner 16–17. States
are free to enact additional restrictions on the police over and
above those demanded by the Constitution or
Miranda. In
addition, these state statutes generally create clear, workable
rules to guide police conduct. See Brief for Petitioner 16–17
(citing statutes that require or permit parents to be present
during custodial interrogation of a minor, that require minors to
be advised of a statutory right to communicate with a parent or
guardian, and that require parental consent to custodial
interrogation). Today’s decision, by contrast, injects a new,
complicating factor into what had been a clear, easily applied
prophylactic rule. See
Alvarado,
supra, at
668–669.[
Footnote 10]
III
The Court’s decision greatly
diminishes the clarity and administrability that have long been
recognized as “principal advantages” of
Miranda’s
prophylactic requirements. See,
e.g.,
Moran, 475
U. S., at 425. But what is worse, the Court takes this step
unnecessarily, as there are other, less disruptive tools available
to ensure that minors are not coerced into confessing.
As an initial matter, the
difficulties that the Court’s standard introduces will likely yield
little added protection for most juvenile defendants. Most
juveniles who are subjected to police interrogation are teenagers
nearing the age of majority.[
Footnote 11] These defendants’ reactions to police
pressure are unlikely to be much different from the reaction of a
typical 18-year-old in similar circumstances. A one-size-fits-all
Miranda custody rule thus provides a roughly reasonable
fit for these defendants.
In addition, many of the concerns that
petitioner raises regarding the application of the
Miranda
custody rule to minors can be accommodated by considering the
unique circumstances present when minors are questioned in school.
See Brief for Petitioner 10–11 (reciting at length the factors
petitioner believes to be relevant to the custody determination
here, including the fact that petitioner was removed from class by
a police officer, that the interview took place in a school
conference room, and that a uniformed officer and a vice principal
were present). The
Miranda custody rule has always taken
into account the setting in which questioning occurs, restrictions
on a suspect’s freedom of movement, and the presence of police
officers or other authority figures. See
Alvarado,
supra, at 665;
Maryland v.
Shatzer, 559
U. S. ___, ___ (2010) (slip op., at 14). It can do so here as
well.[
Footnote 12]
Finally, in cases like the one now before us,
where the suspect is much younger than the typical juvenile
defendant, courts should be instructed to take particular care to
ensure that incriminating statements were not obtained
involuntarily. The voluntariness inquiry is flexible and
accommodating by nature, see
Schneckloth, 412 U. S., at
224, and the Court’s precedents already make clear that “special
care” must be exercised in applying the voluntariness test where
the confession of a “mere child” is at issue.
Haley, 332
U. S., at 599 (plurality opinion). If
Miranda’s rigid,
one-size-fits-all standards fail to account for the unique needs of
juveniles, the response should be to rigorously apply the
constitutional rule against coercion to ensure that the rights of
minors are protected. There is no need to run
Miranda off
the rails.
* * *
The Court rests its
decision to inject personal characteristics into the
Miranda custody inquiry on the principle that judges
applying
Miranda cannot “blind themselves to … commonsense
reality.”
Ante, at 1, 8, 10–11, 14. But the Court’s shift
is fundamentally at odds with the clear prophylactic rules that
Miranda has long enforced.
Miranda frequently
requires judges to blind themselves to the reality that many
un-Mirandized custodial confessions are “by no means involuntary”
or coerced.
Dickerson, 530 U. S., at 444. It also requires
police to provide a rote recitation of
Miranda warnings
that many suspects already know and could likely recite from
memory.[
Footnote 13] Under
today’s new, “reality”-based approach to the doctrine, perhaps
these and other principles of our
Miranda jurisprudence
will, like the custody standard, now be ripe for modification.
Then, bit by bit,
Miranda will lose the clarity and ease
of application that has long been viewed as one of its chief
justifications.
I respectfully dissent.
Footnote 1
See
Miranda v.
Arizona,
384 U. S. 436 (1966).
Footnote 2
Maryland v.
Shatzer, 559 U.
S. ___, ___ (2010) (slip op., at 13–16).
Footnote 3
Berkemer v.
McCarty,
468 U. S. 420, 437–438 (1984).
Footnote 4
Oregon v.
Mathiason,
429 U. S. 492, 495 (1977)
(per
curiam).
Footnote 5
New York v.
Quarles,
467 U. S. 649, 655 (1984).
Footnote 6
California v.
Beheler,
463 U. S. 1121, 1122–1123 (1983)
(per curiam).
Footnote 7
See
Terry v.
Ohio,
392 U. S. 1 (1968).
Footnote 8
The Court claims that “[n]ot once” have any
of our cases “excluded from the custody analysis a circumstance
that we determined was relevant and objective, simply to make the
fault line between custodial and noncustodial ‘brighter.’ ”
Ante, at 17. Surely this is incorrect. The very act of
adopting a reasonable-person test necessarily excludes all sorts of
“relevant and objective” circumstances—for example, all the
objective circumstances of a suspect’s life history—that might
otherwise bear on a custody determination.
Footnote 9
Cf.
United States v.
Chalan, 812 F. 2d 1302, 1307 (CA10 1987) (rejecting
claim that Native American suspect was “in custody” for
Miranda purposes because, by custom, obedience to tribal
authorities was “expected of all tribal members”).
Footnote 10
The Court also relies on North Carolina’s
concession at oral argument that a court could take into account a
suspect’s blindness as a factor relevant to the
Miranda
custody determination.
Ante, at 15, and n. 9. This is
a far-fetched hypothetical, and neither the parties nor their
amici cite any case in which such a problem has actually
arisen. Presumably such a case would involve a situation in which a
blind defendant was given “a typed document advising him that he
[was] free to leave.” See Brief for Juvenile Law Center as
Amicus Curiae 23. In such a case, furnishing this advice
in a form calculated to be unintelligible to the suspect would be
tantamount to failing to provide the advice at all. And advice by
the police that a suspect is or is not free to leave at will has
always been regarded as a circumstance regarding the conditions of
the interrogation that must be taken into account in making the
Miranda custody determination.
Footnote 11
See Dept of Justice, Federal Bureau of
Investigation, 2008 Crime in the United States (Sept. 2009), online
at http://www2.fbi.gov/ ucr/cius2008/data/table_38.html (all
Internet materials as visited June 8, 2011, and available in Clerk
of Court’s case file) (indicating that less than 30% of juvenile
arrests in the United States are of suspects who are under 15).
Footnote 12
The Court thinks it would be “absur[d]” to
consider the school setting without accounting for age,
ante, at 12, but the real absurdity is for the Court to
require police officers to get inside the head of a reasonable
minor while making the quick, on-the-spot determinations that
Miranda demands.
Footnote 13
Surveys have shown that “[l]arge majorities”
of the public are aware that “individuals arrested for a crime”
have a right to “remai[n] silent (81%),” a right to “a lawyer
(95%),” and a right to have a lawyer “appointed” if the arrestee
“cannot afford one (88%).” See Belden, Russonello & Stewart,
Developing a National Message for Indigent Defense: Analysis of
National Survey 4 (Oct. 2001), online at http://www.nlada.org/
DMS/Documents/1211996548.53/Polling%20results%20report.pdf.
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