Dodging Self-Incriminations: An Examination of Feigned Miranda Abilities on the SAMA

Abstract

Forensic assessments must always consider whether examinees are putting forth genuine effort or seeking to feign legally relevant incapacities. Miranda abilities are no exception when a putatively invalid Miranda waiver might result in the full suppression of an outright confession. Using a within-subjects simulation design, jail detainees were administered a representative Miranda warning and two Standardized Assessment of Miranda Abilities (SAMA) measures: Miranda Vocabulary Scale and Miranda Quiz. As expected, detainees have no difficulty in feigning severe deficits in their recall of the Miranda warning and portraying markedly impaired abilities on both SAMA measures. However, using floor-effect detection strategies, several feigning indicators proved effective at identifying likely feigned Miranda abilities. As an ancillary issue, the Inventory of Legal Knowledge was found to be very effective using both the traditional and revised scoring.

Embedded WAIS-IV Detection Strategies and Feigned Cognitive Impairment: An Investigation of Malingered ADHD

“…With this large number of items, Rogers, Robinson, et al (2017) were able to establish stringent (ILK-FE ≥ 90) and very stringent (ILK-FE ≥ 95) scales. Consistent with its detection strategy, ILK-FE ≥ 95 had outstanding sensitivity (.97) and specificity (1.00) with the latter being maintained (.97) in a cross-validation study (Rogers, Henry, et al, 2017).…”

Feigned Miranda Impairment by Legally Involved Juveniles: The Vulnerability of Forensic Measures and the Development of Effective Screens

“…Accuracy of scoring involved two phases: (a) serving as an independent rater and (b) administering and scoring the Miranda measures while a more experienced researcher provided independent ratings. Using this training model, interrater reliability was previously established (Rogers, Henry, et al, 2017) on 45 juveniles using MRCI scales; ICCs ranging from .83 for the FRI to .95 for the CMV-II ( M ICC = .89).…”

“…Rogers and his colleagues (Rogers, Henry, Sharf, Robinson, & Williams, 2017; Rogers, Robinson, & Henry, 2017) conducted two feigning investigations on two SAMA measures using adult detainees. In Rogers, Robinson, and Henry (2017), detainees simulated adjudicative incompetence on two SAMA measures: the MVS and the Miranda Quiz (MQ; Rogers, Sewell, et al, 2012).…”

“…Rogers, Henry, et al (2017) conducted the only empirical investigation of feigned Miranda impairment. Adults in the feigning condition tried to convince the evaluating psychologist of their failures to understand their Miranda rights.…”

“…The SAMA’s take-home messages for feigning are twofold for adult defendants. First, any scores on the MVS-E-99 < 13 represent a strong indicator of feigning on Miranda measures (Rogers, Henry, et al, 2017) among defendants in general (i.e., specificity of .993 for 887 detainees) and even hospitalized defendants (.98 for 107 incompetent inpatients). Second, the MQ-FE-85 < 6 is an effective and easily implemented screen for feigned Miranda impairment.…”