Analysis of<i>Miranda</i>Reading Levels Across Jurisdictions: Implications for Evaluating Waiver Competency

Helms, Jeffrey L.

doi:10.1300/j158v03n01_03

Cited by 38 publications

(49 citation statements)

References 4 publications

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“…For purposes of clinical application, it is also difficult to rule out the possibility that low scores on these tests may reflect malingering motivated by a desire to avoid prosecution (for a review, see Grisso, 2003). 1 The precise wording of Miranda warnings can vary substantially from one state to the next (Helms, 2003). For example, many jurisdictions have added a fifth warning, which states: ''If you decide to answer questions now without a lawyer present, you will still have the right to stop answering at any time until you talk to a lawyer'' (see Oberlander & Goldstein, 2001).…”

Section: Functions Of the Preinterrogation Interviewmentioning

confidence: 99%

The Psychology of Confessions

Kassin

Gudjónsson

2004

Psychol Sci Public Interest

443

149

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SUMMARY-Recently, in a number of high-profile cases, defendants who were prosecuted, convicted, and sentenced on the basis of false confessions have been exonerated through DNA evidence. As a historical matter, confession has played a prominent role in religion, in psychotherapy, and in criminal law-where it is a prosecutor's most potent weapon. In recent years, psychologists from the clinical, personality, developmental, cognitive, and social areas have brought their theories and research methods to bear on an analysis of confession evidence, how it is obtained, and what impact it has on judges, juries, and other people.Drawing on individual case studies, archival reports, correlational studies, and laboratory and field experiments, this monograph scrutinizes a sequence of events during which confessions may be obtained from criminal suspects and used as evidence. First, we examine the preinterrogation interview, a process by which police target potential suspects for interrogation by making demeanor-based judgments of whether they are being truthful. Consistent with the literature showing that people are poor lie detectors, research suggests that trained and experienced police investigators are prone to see deception at this stage and to make false-positive errors, disbelieving people who are innocent, with a great deal of confidence.Second, we examine the Miranda warning and waiver, a process by which police apprise suspects of their constitutional rights to silence and to counsel. This important procedural safeguard is in place to protect the accused, but researchers have identified reasons why it may have little impact. One reason is that some suspects do not have the capacity to understand and apply these rights. Another is that police have developed methods of obtaining waivers. Indeed, innocent people in particular tend to waive their rights, naively believing that they have nothing to fear or hide and that their innocence will set them free.Third, we examine the modern police interrogation, a guilt-presumptive process of social influence during which trained police use strong, psychologically oriented techniques involving isolation, confrontation, and minimization of blame to elicit confessions. Fourth, we examine the confession itself, discussing theoretical perspectives and research on why people confess during interrogation. In particular, we focus on the problem of false confessions and their corrupting influence in cases of wrongful convictions. We distinguish among voluntary, compliant, and internalized false confessions. We describe personal risk factors for susceptibility to false confessions, such as dispositional tendencies toward compliance and suggestibility, youth, mental retardation, and psychopathology. We then examine situational factors related to the processes of interrogation and show that three common interrogation tactics-isolation; the presentation of false incriminating evidence; and minimization, which implies leniency will follow-can substantially increase the risk that ordinary...

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Section: Functions Of the Preinterrogation Interviewmentioning

confidence: 99%

The Psychology of Confessions

Kassin

Gudjónsson

2004

Psychol Sci Public Interest

443

149

View full text Add to dashboard Cite

show abstract

“…The fact that an individual has been read the Miranda rights does not mean that the individual comprehends their meaning. Helms (2003) showed that the average grade level of the Miranda warnings is written at a 6th grade reading level. This indicates that one would only need a 6th grade education to read the Miranda warnings.…”

Section: Abstract: Miranda Rights; Competency To Waive Rights; Policementioning

confidence: 99%

“…Of additional importance is the fact that there is no standard form for Miranda warnings throughout the USA (Helms, 2003). For example, some jurisdictions since the 1970s have changed some of the wording within the warnings such as using 'questioning' in place of 'interrogation' (which was seen as the most difficult to define correctly).…”

Section: Abstract: Miranda Rights; Competency To Waive Rights; Policementioning

confidence: 99%

“…Other jurisdictions may routinely read the Miranda warnings to the suspect. Sometimes juveniles are provided a different version of these warnings completely (Helms, 2003). Some states even have the warnings provided in different languages (Helms, 2003).…”

Section: Abstract: Miranda Rights; Competency To Waive Rights; Policementioning

confidence: 99%

“…Sometimes juveniles are provided a different version of these warnings completely (Helms, 2003). Some states even have the warnings provided in different languages (Helms, 2003). Grisso (1981) has conducted the largest study on Miranda rights comprehension to date.…”

Section: Abstract: Miranda Rights; Competency To Waive Rights; Policementioning

confidence: 99%

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