This study examined juvenile justice-involved youths' understanding and appreciation of the Miranda warnings' rights to silence and legal counsel using the Miranda Rights Comprehension Instruments (Goldstein, Zelle, & Grisso, 2012). It also examined the relationships between totality of circumstances factors and understanding and appreciation of rights. Data were collected from 183 youths (140 boys) in pre- and postadjudication facilities in 2 states. Overall, youths demonstrated greater difficulty on measures of appreciation than understanding, with particular deficits in their abilities to comprehend the abstract concept of the right to silence. Results varied slightly by instrument, highlighting the importance of a multimodal assessment of these complex abilities. Examination of totality of circumstances factors identified relationships between some factors (e.g., age, verbal IQ, academic achievement) and Miranda comprehension, but revealed that other factors (e.g., gender, number of previous arrests) were not significantly related to Miranda understanding or appreciation. The findings support a nuanced conceptualization of Miranda rights comprehension that acknowledges the complexity of understanding and appreciating the warnings. Empirical analyses also support the continued use of some totality of circumstances factors and abandonment of others. Findings underscore the necessity of multimodal assessment and interpretation when conducting capacity to waive Miranda rights evaluations.

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This article describes the psychometric properties of the Miranda Rights Comprehension Instruments, the revised version of Grisso's Miranda instruments. The original instruments demonstrated good reliability and validity in a normative sample. The revised instruments updated the content of the original instruments and were administered to a sample of 183 youth in pre- and postadjudication facilities. Analyses were conducted to establish the psychometric properties of the revised instruments and included similar analyses to those conducted by Grisso, as well as additional calculations (e.g., standard errors of measurement, intraclass correlation coefficients, Kappa coefficients). Results revealed sound psychometric properties, similar to those observed for the original instruments.

The legal files of 144 juveniles charged as adults in one Pennsylvania county were reviewed to investigate whether trauma-related information was included in evaluations of amenability to treatment and how that information related to legal decisions to keep youth in criminal court or decertify them to the juvenile system. Potentially traumatic experiences (PTEs) were noted in more than 71% of evaluations. Youth with any PTE documented were more likely to remain in criminal court, have more prior arrests, report regular marijuana use, and have mental health diagnoses associated with offending behaviors. Youth with direct (versus witnessed) exposure to PTEs were more likely to have been placed out of home and to be diagnosed with other mental health disorders. However, only 6% of the evaluations specifically recommended treatment for trauma-related issues, and documentation of PTEs was not associated with the ultimate legal decision except in cases involving severe injury.