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Chart for Cases 5-6

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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?

 

 

Discussion Guide for J.D.B. v. North Carolina and Fictional Scenario of People v. Brandon Salinger