Missing out on Miranda: Investigating Miranda comprehension and waiver decisions in adult inpatients

Winningham, Darby B.; Rogers, Richard; Drogin, Eric Y.; Velsor, Sarah F.

doi:10.1016/j.ijlp.2018.07.009

Cited by 12 publications

(4 citation statements)

References 28 publications

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“…Perhaps most concerning was that 22 participants were unable to recall even one component after hearing the warning. As noted by Winningham, Rogers, Drogin, and Velsor (2018), an inability to remember a minimum of two components of a warning is an indicator of significantly impaired Miranda abilities.…”

Section: Recall Abilitymentioning

confidence: 99%

The predictive power of intelligence: Miranda abilities of individuals with intellectual disability.

Erickson¹,

Salekin²,

Johnson³

et al. 2020

Law and Human Behavior

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Objective: The Miranda v. Arizona (1966) decision was intended to protect individuals’ rights in custodial situations. The purpose of this paper was to evaluate Miranda abilities of individuals with intellectual disability and evaluate the utility of intelligence in predicting these abilities. Additionally, we aimed to provide an updated resource for forensic examiners regarding the performance of individuals with intellectual disability on the Standardized Assessment of Miranda Abilities (SAMA). Hypotheses: We hypothesized that IQ, particularly verbal intelligence and working memory, would significantly predict abilities related to recall, vocabulary, knowledge, and acquiescence in a sample with intellectual disability. Method: Sixty-two individuals diagnosed with intellectual disability completed the Wechsler Adult Intelligence Scale–4th ed. (WAIS-IV), the SAMA, and a background questionnaire. Results: Participants demonstrated significantly worse Miranda abilities when compared to the normative sample of the SAMA apart from acquiescence, which they demonstrated at significantly higher rates. Participants exhibited limited existing knowledge of Miranda rights and showed minimal improvement following exposure to a Miranda warning. Verbal abilities were a significant predictor of recall and vocabulary abilities with large effect sizes on average (i.e., ds > 1). IQ was not predictive of misconceptions about Miranda or acquiescence. Conclusions: Verbal intelligence was an important contributor to understanding Miranda. This study provided data related to performance on the SAMA by a sample of individuals with intellectual disability. It may serve as a reference for evaluators, legal professionals, and law enforcement officers when working with justice-involved persons with suspected intellectual disability.

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Section: Recall Abilitymentioning

confidence: 99%

The predictive power of intelligence: Miranda abilities of individuals with intellectual disability.

Erickson¹,

Salekin²,

Johnson³

et al. 2020

Law and Human Behavior

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“…The MQ‐DI combines (a) nine easy (i.e., five overlapping with the MQ‐FE‐85) and four moderately easy items (individual Cohen's d > 1.00) with (b) four difficult items on which feigners unwittingly score higher (Cohen's d < −0.50) than genuine responders. The MQ‐DI > 5 produced outstanding specificities (0.98 and 0.99) among adult detainees (Rogers, Henry, et al., 2017; Rogers, Robinson, et al., 2017) and acute inpatients (0.97; Winningham et al., 2018).…”

Section: Miranda Quizmentioning

confidence: 99%

“…(2017), the composite specificity for 887 detainees is 0.993. For individuals with mental disorders, specificities range from 0.98 (Rogers et al., 2012) to 1.00 (Winningham et al., 2018). Rogers and Drogin (2019) concluded that “MVS‐E scores < 13 can be viewed as strong evidence of feigned cognitive abilities related to forensic issues (e.g., competence and Miranda abilities)” (p. 86, emphasis in the original).…”

Section: Miranda Quizmentioning

confidence: 99%

How good are inpatients at feigning Miranda abilities?: An investigation of the Miranda Quiz, Inventory of Legal Knowledge, and Structured Inventory of Malingered Symptomatology

Rogers

Otal

Velsor

et al. 2021

Behavioral Sci & The Law

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The current study represents the first investigation into feigned Miranda abilities using an inpatient population. We investigated the use of a very generic measure (i.e., the Structured Inventory of Malingered Symptomatology, or SIMS) as well as two specialized forensic feigning measures: the Miranda Quiz (MQ) and Inventory of Legal Knowledge (ILK). With a quasi‐random assignment, 82 acute inpatients were evenly distributed to “feigning” and “genuine” groups. The recommended SIMS cut score > 14 performed poorly, misclassifying three‐quarters of the genuine group as feigning. In general, sensitivities on the specialized scales were constrained by the general lack of severe decrements for the feigning group. However, specificities were strong to outstanding. In particular, the MQ floor effect showed some promise but was limited by its small number of items. The strongest potential was observed for the revised ILK scales, especially the Revised Clinical ILK (RC‐ILK). When using single‐point cut scores on two prior correctional samples, the RC‐ILK produced excellent sensitivities (0.94 and 0.96) and outstanding specificities (0.98 and 0.99). Methodological issues and professional implications were discussed in the context of feigned Miranda abilities.

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“…In the decades following the Miranda decision, researchers have taken a particular interest in understanding factors in specific populations related to Miranda comprehension (i.e., understanding of the warning) and reasoning (i.e., waiver decisions considering one's own case). For example, youth with justice system involvement (Grisso, 1981; Sharf et al., 2017a, 2017b; Viljoen & Roesch, 2005; Zelle et al., 2015) and individuals residing in psychiatric inpatient facilities (Cooper & Zapf, 2008; Winningham, 2017; Winningham et al., 2018) have been rigorously studied. In contrast, individuals with impaired cognitive functioning (e.g., intellectual disability, learning disability, etc.)…”

Section: Introductionmentioning

confidence: 99%

Falling through the cracks: Failing to identify compromised Miranda abilities for defendants with limited cognitive capacities

Tazi

Rogers

2023

Behavioral Sci & The Law

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Custodial suspects must be informed of their Miranda rights (Miranda v. Arizona, 1966) prior to police questioning. Since this landmark decision, scholars have rigorously studied Miranda comprehension and reasoning among vulnerable groups including those with intellectual disabilities (ID). However, the focus on ID has left arrestees with limited cognitive capacities (i.e., LCCs with IQs between 70 and 85) entirely overlooked. The current dataset addressed this oversight using a large (N = 820) sample of pretrial defendants who had completed the Standardized Assessment of Miranda Abilities (SAMA). Traditional (i.e., ID and no-ID) criterion groups were first analyzed with the standard error of measurement (SEM) removed. Second, a nuanced three-group framework included defendants with LCCs.Results indicate that LCC defendants are vulnerable to impaired Miranda comprehension (i.e., limited recall of the Miranda warning and deficits in Miranda-related vocabulary knowledge). Not surprisingly, their waiver decisions were often impaired by crucial misconceptions (e.g., seeing the investigating officers as beneficently on their side). The practical implications of these findings were underscored with respect to Constitutional safeguards for this critically important group, who have appeared to fall through the cracks in the criminal justice system.

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Missing out on Miranda: Investigating Miranda comprehension and waiver decisions in adult inpatients

Cited by 12 publications

References 28 publications

The predictive power of intelligence: Miranda abilities of individuals with intellectual disability.

The predictive power of intelligence: Miranda abilities of individuals with intellectual disability.

How good are inpatients at feigning Miranda abilities?: An investigation of the Miranda Quiz, Inventory of Legal Knowledge, and Structured Inventory of Malingered Symptomatology

Falling through the cracks: Failing to identify compromised Miranda abilities for defendants with limited cognitive capacities

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