Common Sense and Sensibility

This month, the Supreme Court ruled that police, when questioning a child suspected of committing a crime, must take the suspect’s age into account and may have to provide Miranda warnings in circumstances that would not require the warnings to be given to an adult suspect.  The vote was 5 to 4, and the author of the majority opinion was Justice Sonia Sotomayor. The premise that children are different from adults and may feel coercive pressure when an adult would not, she said, was simply one of “commonsense reality.”

Miranda requires that a suspect who is “in custody” must be given the familiar advice about avoiding self-incrimination and requesting a lawyer.  While a person under arrest is obviously in custody, the decision made clear that custody is to be understood in context; if all that counted was a formal arrest, the police could all too easily evade Miranda’s requirement altogether. Rather, as the court elaborated in subsequent decisions, what matters is the “objective inquiry” of whether, given the circumstances of the interrogation, a “reasonable person” would feel free to terminate the encounter with the police and leave the room.

In the case the court decided this month, the question was whether a suspect’s age is part of the context that should be taken into account.  Might a hypothetical  “reasonable child” feel himself “in custody” even if a reasonable adult would not, and how should that matter for purposes of Miranda?

J.D.B. was 13 years old when a uniformed police officer pulled him from his middle-school social studies class and, along with another officer and two school administrators, questioned him behind a closed door about recent burglaries in the neighborhood. Only after the boy confessed was he advised of his rights and permitted to catch the school bus home. The North Carolina Supreme Court refused to suppress his confession, ruling that age was not a proper consideration for the determination and that J.D.B. had not been in custody during the questioning.

Justice Sotomayor’s majority opinion did not resolve the question of whether J.D.B. had been in custody. Instead, the court held that a child’s age was relevant, and instructed the North Carolina court to take account of J.D.B.’s age in reconsidering the custody question. Justice Sotomayor said that considering age should clarify, rather than complicate, the obligation of the police toward young suspects, as well as the ability of judges to assess the nature of a given interrogation. She explained: “In short, officers and judges need no imaginative powers, knowledge of developmental psychology, training in cognitive science, or expertise in social and cultural anthropology to account for a child’s age. They simply need the common sense to know that a 7-year-old is not a 13-year-old and neither is an adult.” That was true, she said, even of “those whose childhoods have long since passed.

SimplyHome Debuts on First Shoot of Season Nine for Extreme Makeover

ASHEVILLE, N.C., June 24, 2011 (SEND2PRESS NEWSWIRE) — As soon as SimplyHome was asked by the Extreme Makeover: Home Edition design team to provide some unique technology applications to support independent living for a home makeover, they loaded some trailers and vehicles and hit the road ready for action.

The home is for the Keefer family of York, PA. In 2008, Brian, a star athlete and college sophomore, had a gymnastics accident that left him paralyzed from the neck down. Brian’s family pulled together and his dad, Steve, retired early from the military to help his son with the activities of daily living.

As the show’s design team realized the specific needs of this family, assistive technology seemed to be a solution that would really enhance Brian’s independence and the family’s peace of mind.

“Extreme Makeover: Home Edition called and asked us to create some of the solutions that would enable Brian to have more control over his environment – inside and outside his home,” explains Ian Sanders, SimplyHome’s Director of Sales.

Allen Ray, SimplyHome’s CEO, reports that since their arrival, “The production crew and staff have been absolutely amazing. And the family – they are very spiritual and I have to admit I had a lump in my throat while we talked about the plans for promoting Brian’s independence through our wireless technologies .”

Ray adds that the house has never had fewer than 75-100 construction people working at any given time with multiple vendors working together in every category. Building inspectors are very much involved and other volunteers are available to assist as needed.

Currently, the family has a two-story Colonial home and Brian is not able to access a good portion of it. This home makeover project will ensure that life becomes easier for Brian and the rest of his family – his dad, Steve, his mom, Dawn, and his brothers; Adam, Scott and Colin.

In 2003, SimplyHome began to brainstorm about the idea of creating assistive technologies to help the elderly and people with disabilities to live more independently.

“We thought if smart home technology can be used to do things like send alarms to fire and police departments or turn lights on and off remotely, why not create outcomes using technology to support individuals’ independence,” says Ray. “This experience is truly an honor, especially when you’re committed to helping people like we are,” states Ray.

RT : Extreme Makeover: Home Edition is coming to Fay, NC! Wanna get involved? Visit

RT : Extreme Makeover: Home Edition is coming to Fay, NC! Wanna get involved? Visit

RT : Extreme Makeover: Home Edition is coming to Fay, NC! Wanna get involved? Visit

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