Capacity to Waive Miranda Rights and the Assessment of Susceptibility to Police Coercion
Bibliographic Data
| ID | 23700488 |
|---|---|
| Authors | Naomi E Goldstein (0000-0002-3333-2277, Drexel University), Naomi E S Goldstein, Alan M Goldstein (City University of New York), Heather Zelle (0000-0002-6662-8082, Drexel University), Lois Oberlander Condie (0000-0001-8450-1432, Boston Children's Hospital) |
| Year | 2012 |
| Publication date | 2012-09-26 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | OTHER |
| Venue | Handbook of Psychology, Second Edition (JOURNAL) |
| Publisher | Wiley (PUBLISHER • GB) |
| DOI | 10.1002/9781118133880.hop211017 |
| OpenAlex | W1594379759 |
| ISBN | 9781118133880 |
| Language | EN |
| References cited | 82 |
Forensic mental health professionals may be asked by attorneys or judges to evaluate defendants' capacities to have waived Miranda rights and offered admissible confessions during police interrogations. This chapter reviews two major psycholegal issues related to confessions during custodial interrogations. First, this chapter focuses on the right to avoid self-incrimination, with emphases on case law and empirical research on suspects' abilities to provide knowing, intelligent, and voluntary rights waivers. Forensic assessment methodology for evaluating defendants' Miranda waiver capacities is provided. Second, this chapter reviews issues related to psycholegal questions about false confessions. It provides information about the appropriate scope and admissibility of such testimony, and empirical research findings on false confessions are described. Assessment methodology is presented for evaluating characteristics that might have contributed to a defendant's likelihood of having offered a false confession. A case example is provided to illustrate the forensic mental health evaluation process in the context of a possible suppression hearing.
Coercion (linguistics) · Confession (law) · Context (archaeology) · Criminology · Empirical research · Mental health · Political science · Psychiatry · Scope (computer science) · Self-incrimination · Waiver · Computer Science · Deception detection and forensic psychology · Law · Memory Processes and Influences · Psychology · Psychopathy, Forensic Psychiatry, Sexual Offending
Police-induced confessions
Maturity of judgment in adolescence
The Language of Confession, Interrogation, and Deception
Juveniles’ Waiver of Rights
Juveniles' competence to stand trial
Who can catch a liar
The psychology of confession evidence
A little knowledge is a dangerous thing…Emerging Miranda research and professional roles for psychologists
Standards of practice and care in forensic mental health assessment
Police interviewing and psychological vulnerabilities
Evaluating competencies
Miscarriages of Justice in Potentially Capital Cases
Double jeopardy in the interrogation room for youths with mental illness
Discovering the Music of Africa
Self-consciousness, self-esteem, and success–failure as determinants of alcohol consumption in male social drinkers
Everyone knows their Miranda rights
The comprehensibility and content of juvenile Miranda warnings
| Citation velocity | historical |
|---|---|
| Highly cited | No |