shotsstudio – Fotolia Court Now Requires Even Victims to Be Mirandized
COURT WATCH: Columnist and retired judge analyzes a recent ruling by the Supreme Court of New Jersey that he considers incorrect and goes beyond what was envisioned by 'Miranda v. Arizona.'
September 10, 2021 at 10:00 AM
7 minute read
Criminal Law
On June 15, 2021, the New Jersey Supreme Court held that Miranda warnings had to be given before a statement could be taken from 17-year-old Zakariyya Ahmad (Zak) because he would have believed he was in custody and not free to leave. State v. Ahmad, 2021 WL 2639798; ___ N.J. ____ (2021). This was no real surprise. So why am I writing about this case? Because, at the time Zak gave his statement, he was not under arrest, had not been charged with a crime, and was not even considered a suspect; he was a victim of a violent crime.
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