Skip to main content Accessibility help

We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.

Close cookie message
×
  1. Home
  2. Search

Refine search

Refine search

Access:
Content type:
Publication date:
Apply   From and To filters
Subject: Show more
Journals Show more
Publishers: Show more
Societies Show more
Series: Show more
Collections: Show more

Actions for selected content:

Select all | Deselect all
  • View selected items
  • Export citations
  • Download PDF (zip)
  • Save to Kindle
  • Save to Dropbox
  • Save to Google Drive

Save Search

You can save your searches here and later view and run them again in "My saved searches".

Please provide a title, maximum of 40 characters.
Cancel
×

3 results

  • 9 - Decisions Related to Miranda Rights

  • from Part II - Pretrial Phase Decision-Making
  • Edited by Monica K. Miller, University of Nevada, Reno, Logan A. Yelderman, Prairie View A & M University, Texas, Matthew T. Huss, Creighton University, Omaha, Jason A. Cantone, George Mason University, Virginia
  • Book:
    The Cambridge Handbook of Psychology and Legal Decision-Making
    Published online:
    22 February 2024
    Print publication:
    29 February 2024, pp 129-143

  • Summary

    This chapter describes the legal landscape related to Miranda rights and waivers, as well as the relevant research literature regarding Miranda waiver decisions. The chapter identifies factors related to Miranda rights comprehension and waiver and emphasizes research addressing interrogations of youth and their abilities to provide a valid waiver. Research has identified that suspect-related factors, including age, IQ, and psychosocial maturity, as well as structural factors, such as the length, reading level, and content of the Miranda warnings, are related to Miranda comprehension and waiver decisions. The chapter also discusses the legal standard for judicial decisions related to the admissibility of confessions following Miranda waivers, as well as the factors that judges typically consider when making such decisions. Because research demonstrates that many suspects struggle when making Miranda waiver decisions, we conclude by making policy recommendations and identifying areas in which future research is needed.

Police Interrogation, Language, and the Law
  • The Invocation Game
  • Marianne Mason
  • Published online:
    23 December 2023
    Print publication:
    21 December 2023
  • Recent calls for justice reform have put a spotlight on how the police enforce the law in the United States. How a person's constitutional rights may be legally thwarted during police interrogation, however, has not been part of any meaningful discussion on police reform. This novel book examines the intersections of the law and policing discourse through the detailed analysis of a large corpus of United States federal court rulings, starting with Miranda v. Arizona (1966). It covers a wide range of topics, including the history of police interrogation in the United States, the role of federal law in handicapping a person's ability to invoke their right to counsel, and the invocation game of police interrogation that may lead a variety of suspects to change their discursive preferences. It highlights the need for American police interrogation reform, exploring the paths taken by other jurisdictions outside of the United States. This title is part of the Flip it Open programme and may also be available on open access. Check our website, Cambridge Core, for details.

  • 5 - Assessing children's competence to stand trial and to waive Miranda rights: new directions for legal and medical decision-making in juvenile courts

    • By Thomas F. Geraghty, Director of the Blum Legal Clinic, Northwestern University School of Law 357 E. Chicago Avenue Chicago, IL 60611-8576 USA, Louis J. Kraus, Womans Board Professor of Child and Adolescent Psychiatry and Chief Department of Child and Adolescent Psychiatry, Rush University Medical Center Marshal Field IV Building 1720 West Polk Street Chicago, IL 60612 USA, Peter Fink, Assistant Professor of Psychiatry, Rush University Medical Center Marshall Field IV Building 1720 West Polk Street Chicago, IL 60612 USA
  • Edited by Carol L. Kessler, Columbia University, New York, Louis James Kraus, Rush University, Chicago
  • Book:
    The Mental Health Needs of Young Offenders
    Published online:
    11 August 2009
    Print publication:
    06 September 2007, pp 79-121

  • Summary

    This chapter begins with an overview of the history of the law relevant to the issues of a child's competence to stand trial. It discusses the legal and medical frameworks for assessing a child's competence to stand trial. The chapter analyzes the legal and medical frameworks and methodologies for assessing a child's competence to waive Miranda rights. It turns to the methods by which lawyers and medical personnel evaluate a child's competence in these areas. These assessments play a central role in determining the admissibility into evidence of children's statements to law enforcement. The chapter includes a section on the interactions and relationships between the judges, lawyers, and medical experts who participate in the assessment process and in the process of adjudicating competence to stand trial and children's capacity to make a knowing, intelligent waiver of Miranda warnings. The issues are of central importance to the juvenile court's adjudicative process.