Systematic Assessment of Miranda Reasoning

Rogers, Richard; Drogin, Eric Y.

doi:10.1007/978-3-030-13511-9_4

Cited by 1 publication

(2 citation statements)

References 24 publications

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“…We are not suggesting changing the instruments typically administered as part of a Miranda evaluation. However, regarding Miranda -specific instruments, such as the MRCI (Goldstein et al, 2012) or the SAMA (Rogers et al, 2012), we are suggesting an important change. Specifically, after administering the instruments in a standardized fashion, evaluators should use a follow-up technique similar to the one used with critical items of the Personality Assessment Inventory (Morey, 2007).…”

Section: Proposed Changes To Current Miranda Evaluation Practices And...mentioning

confidence: 76%

“…Given that the evaluee is asked to recall events that occurred weeks, months, and sometimes years prior, tests may be used to assess potential memory impairments. Finally, specific instruments designed to assess Miranda comprehension (e.g., Miranda Rights Comprehension Instruments [MRCI]; Goldstein et al, 2012; Standardized Assessment of Miranda Abilities [SAMA]; Rogers et al, 2012) are useful in these evaluations.…”

Section: Evaluating the Capacity To Waive Miranda Rights Evaluations:...mentioning

confidence: 99%

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Taking the next step in Miranda evaluations: Considering racial trauma and the impact of prior police contact.

Kavanaugh¹,

Pietruszka²,

Rynczak³

et al. 2023

Law and Human Behavior

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By law, before interrrogating a suspect who is in custody, the police should inform them of their Miranda rights-the rights against self-incrimination and to an attorney. When a suspect or defendant waives their Miranda rights, a judge ultimately determines whether the waiver was legal. In making this determination, the judge employs the totality of the circumstances (TOC) analysis, which includes factors related to the individual defendant as well as the environment in which they waived their rights. Frequently, forensic psychologists evaluate a defendant to offer courts a clinical opinion about the defendant's ability to understand and appreciate their Miranda rights and to provide other TOC information. These evaluations are referred to as Miranda evaluations. Using Miranda evaluations as an illustration, this article describes how the critical, yet often overlooked, concepts of racial trauma and vicarious and direct prior police contacts should routinely be considered as part of forensic evaluations. After providing a succinct overview of the relevant legal issues related to Miranda rights and of the existing guidelines for conducting Miranda evaluations, we discuss the psychological impact of racial trauma and prior vicarious and direct police contacts. We provide case examples to illustrate how evaluators can consider the impact of racial trauma and prior police contact when conducting Miranda evaluations. This article serves as a practical guide for understanding how and why-in the context of their lived experiences-suspects may waive their Miranda rights. Finally, we recommend how to improve policy and research to better capture issues related to racial trauma and prior police contacts. Public Significance StatementThe work of forensic psychologists can help shape policy and law at local and national levels. Using Miranda evaluations as an example, we demonstrate how forensic psychologists can modify their existing practices to ensure their work more accurately reflects the lived experiences of the people they evaluate and research.

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Section: Proposed Changes To Current Miranda Evaluation Practices And...mentioning

confidence: 76%

Section: Evaluating the Capacity To Waive Miranda Rights Evaluations:...mentioning

confidence: 99%

Taking the next step in Miranda evaluations: Considering racial trauma and the impact of prior police contact.

Kavanaugh¹,

Pietruszka²,

Rynczak³

et al. 2023

Law and Human Behavior

View full text Add to dashboard Cite

show abstract

Systematic Assessment of Miranda Reasoning

Cited by 1 publication

References 24 publications

Taking the next step in Miranda evaluations: Considering racial trauma and the impact of prior police contact.

Taking the next step in Miranda evaluations: Considering racial trauma and the impact of prior police contact.

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