Thompson v. Keohane, 516 U.S. 99, 14 (1995)

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Cite as: 516 U. S. 99 (1995)

Opinion of the Court

determination, we hold, presents a "mixed question of law and fact" qualifying for independent review.

The practical considerations that have prompted the Court to type questions like juror bias and competency as "factual issue[s]," and therefore governed by § 2254(d)'s presumption of correctness, are not dominant here. As this case illustrates, the trial court's superior capacity to resolve credibility issues is not dispositive of the "in custody" inquiry.12

Credibility determinations, as in the case of the alleged involuntariness of a confession, see Miller, 474 U. S., at 112, may sometimes contribute to the establishment of the historical facts and thus to identification of the "totality of the circumstances." But the crucial question entails an evaluation made after determination of those circumstances: if encountered by a "reasonable person," would the identified circumstances add up to custody as defined in Miranda? 13

12 As earlier observed, see supra, at 105, the trial court decided Thompson's motion to suppress his September 15 statements on the papers submitted without holding an evidentiary hearing.

13 Respondents observe that "reasonable person" assessments, most prominently to gauge negligence in personal injury litigation, fall within the province of fact triers. See, e. g., Cooter & Gell, 496 U. S., at 402 (negligence determinations "generally reviewed deferentially"); McAllister v. United States, 348 U. S. 19, 20-23 (1954) (District Court finding of negligence was not "clearly erroneous"); 9A C. Wright & A. Miller, Federal Practice and Procedures § 2590 (2d ed. 1995). Traditionally, our legal system has entrusted negligence questions to jurors, inviting them to apply community standards. See W. Keeton, D. Dobbs, R. Keeton, & D. Owen, Prosser and Keeton on Law of Torts § 37, pp. 235-237 (5th ed. 1984). For that reason, "[t]he question usually is said to be one of fact," although "it should be apparent that the function of the jury in fixing the standard differs from that of the judge only in that it cannot be reduced to anything approaching a definite rule." Id., at 237.

Judges alone make "in custody" assessments for Miranda purposes, and they do so with a view to identifying recurrent patterns, and advancing uniform outcomes. If they cannot supply "a definite rule," they nonetheless can reduce the area of uncertainty. See, e. g., Illinois v. Perkins, 496 U. S. 292, 296 (1990) (Miranda warnings not required prior to questioning of incarcerated individual by undercover agent because suspect, unaware

113

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