![handle is hein.journals/addendum2 and id is 1 raw text is: No Brothers Allowed: How Expanding a Juvenile's Miranda
Rights Backfired on a North Carolina Sheriff's Department*
You want to make it as comfortable as you can for [a
juvenile suspect] because it's easier to come forth with the
information knowing that he has support.
INTRODUCTION
Imagine watching the nervousness wash over fifteen-year-old
Micah.2 His parents have brought him to the sheriff's office to talk
with a female detective about sexual contact he allegedly had with his
younger brother Jake. He does not want to talk with the detective
alone-it would be embarrassing to talk to a female about this, and
talking one-on-one would be intimidating. And there is no way he
would allow his parents to be present during the questioning, either-
talk about nerve-racking, plus they might actually be more
intimidating than the detective since Micah was being questioned
about assaulting their youngest son. Micah refuses to talk one-on-one
with the investigator, or even with his parents present. Rather, he
wants his twenty-one-year-old brother Bill-a Marine, no less-to be
present during the questioning. With his brother in the room, Micah
would not have to face the investigator alone, plus Bill may not be as
judgmental or imposing as his parents.
Here's the problem: Under current North Carolina law, if Micah
asks for his older brother to be present, the detective can refuse the
request and continue to talk to Micah one-on-one. Indeed, the
detective must refuse to allow Bill's presence during the questioning
* © 2011 Trent McCotter.
1. The First 48 (A&E television broadcast June 3, 2004) (quoting Miami homicide
detective Joe Schillaci, referring to a seventeen-year-old suspect who wanted his
grandmother present during questioning).
2. The North Carolina Court of Appeals uses pseudonyms for minors in its opinions.
To maintain consistency with the court of appeals' opinion, the accused minor in In re
M.L. T.H. will be referred to as Micah, his younger brother will be referred to as Jake, and
his older brother will be referred to as Bill. In re M.L.T.H., __ N.C. App. -, -, 685
S.E.2d 117, 124 (2009), disc. review granted, 364 N.C. 241, 698 S.E.2d 401 (2010), and disc.
review improvidently allowed by 364 N.C. 420, 700 S.E.2d 225 (2010).
3. State v. Oglesby, 361 N.C. 550, 555-56, 648 S.E.2d 819, 822 (2007) (holding that a
juvenile defendant does not have a right to have anybody but a parent, guardian,
custodian, or attorney present).](ViewImageLocal?handle=hein.journals/addendum2&div=1&collection=&method=preview&ext=.png&size=3)
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