Abstract

The school environment is unlike virtually any other circumstance where law enforcement may question minors. Students are compelled to remain on school grounds, cannot refuse to submit to or even question authority, and risk arrest for violating school officials' instructions or the handbook. Existing doctrine under Miranda and its reasonable (adult) person test fail to address the unique attributes of the school environment, because the coercive pressures that affect students would not coerce adults. To accommodate the unique features of the school environment, courts should adopt a reasonable student inquiry to evaluate whether or not students questioned by police on school grounds are custody for purposes of Miranda. This reasonable-student inquiry will fulfill the promises of Miranda for high school students, mitigate a substantial risk of false confessions, maintain a bright-line rule for police to follow and allow states to continue to act as laboratories in fashioning new procedural safeguards.

Full Text
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