Legal Opinion · Dissent

J. D. B. v. North Carolina

Supreme Court of the United States

Decided June 16, 2011No. 09-11121Published

1Dissent

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 Miranda1 rule: the perceived need for a clear *282rule 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…

2Cases cited43 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Terry v. OhioSupreme Court of the United States · 1968
  3. Schneckloth v. BustamonteSupreme Court of the United States · 1973
  4. Berkemer v. McCartySupreme Court of the United States · 1984
  5. Yarborough v. AlvaradoSupreme Court of the United States · 2004

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