Book chapter
Evaluation of Capacity to Waive Miranda Rights
Forensic Assessments in Criminal and Civil Law
01 Dec 2012
Abstract
This chapter reviews concepts of forensic mental health assessment that are relevant to the evaluation of a defendant's capacity to waive Miranda rights. It first provides an overview of the legal context in which the Miranda rights and waivers are situated, along with important case law related to the development of the Miranda rights. It then considers the legal requirements for making valid waivers and the corresponding psycholegal terms before turning to a discussion of empirical research relevant to determining which factors may be related to Miranda comprehension and decision making. It also outlines the steps involved in an evaluation of a defendant's capacity to waive Miranda rights, key aspects of report writing and testimony by forensic mental health experts, and the empirical foundations and limitations of the evaluation of a defendant's capacity to waive Miranda rights. The chapter concludes by offering suggestions for how attorneys may work effectively with experts in the context of a Miranda waiver evaluation.
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Details
- Title
- Evaluation of Capacity to Waive Miranda Rights
- Creators
- Goldstein Alan M.Naomi E. Sevin GoldsteinHeather Zelle
- Publication Details
- Forensic Assessments in Criminal and Civil Law
- Publisher
- Oxford University Press
- Resource Type
- Book chapter
- Language
- English
- Academic Unit
- Psychological and Brain Sciences (Psychology)
- Other Identifier
- 991020532104004721