Barry C. Feld
- Published in print:
- 2012
- Published Online:
- March 2016
- ISBN:
- 9780814727775
- eISBN:
- 9780814770467
- Item type:
- chapter
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9780814727775.003.0003
- Subject:
- Sociology, Law, Crime and Deviance
This chapter examines juveniles' exercise of Miranda rights—whether they make a knowing, intelligent, and voluntary waiver by analyzing interrogations of 307 youths. It investigates how and when ...
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This chapter examines juveniles' exercise of Miranda rights—whether they make a knowing, intelligent, and voluntary waiver by analyzing interrogations of 307 youths. It investigates how and when police administer Miranda warnings, where and when they question suspects, who is present at the interrogation, and how police predispose youths to waive. Developmental psychologists report that most sixteen and seventeen-year-olds can understand the words of a Miranda warning, even if they do not fully understand the concepts or appreciate the consequences of waiving. Additionally, the chapter explores how justice personnel perceive the relative competence of older adolescents, young adults, and younger offenders to exercise Miranda rights, and analyzes how youths who waive their rights differ from those who invoke them.Less
This chapter examines juveniles' exercise of Miranda rights—whether they make a knowing, intelligent, and voluntary waiver by analyzing interrogations of 307 youths. It investigates how and when police administer Miranda warnings, where and when they question suspects, who is present at the interrogation, and how police predispose youths to waive. Developmental psychologists report that most sixteen and seventeen-year-olds can understand the words of a Miranda warning, even if they do not fully understand the concepts or appreciate the consequences of waiving. Additionally, the chapter explores how justice personnel perceive the relative competence of older adolescents, young adults, and younger offenders to exercise Miranda rights, and analyzes how youths who waive their rights differ from those who invoke them.
Thomas L. Hafemeister
- Published in print:
- 2019
- Published Online:
- September 2019
- ISBN:
- 9781479804856
- eISBN:
- 9781479850754
- Item type:
- chapter
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9781479804856.003.0008
- Subject:
- Psychology, Social Psychology
Chapter 7 addresses other competency issues that may arise in conjunction with criminal justice proceedings. There are a range of such issues, and each potentially targets a different functional ...
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Chapter 7 addresses other competency issues that may arise in conjunction with criminal justice proceedings. There are a range of such issues, and each potentially targets a different functional capacity. They include the competence to waive your Miranda rights and confess to a crime or make other self-incriminating statements; the competence to plead guilty and waive your right to a trial; the competence to waive your right to an attorney and represent yourself; and the competence to testify. This chapter provides a brief examination of the history and evolution of each of these competency issues, their governing standards, and related judicial procedures. To frame this discussion, an examination is provided of various potential impacts of mental disorders on each of these criminal trial-related competencies.Less
Chapter 7 addresses other competency issues that may arise in conjunction with criminal justice proceedings. There are a range of such issues, and each potentially targets a different functional capacity. They include the competence to waive your Miranda rights and confess to a crime or make other self-incriminating statements; the competence to plead guilty and waive your right to a trial; the competence to waive your right to an attorney and represent yourself; and the competence to testify. This chapter provides a brief examination of the history and evolution of each of these competency issues, their governing standards, and related judicial procedures. To frame this discussion, an examination is provided of various potential impacts of mental disorders on each of these criminal trial-related competencies.
Barry C. Feld
- Published in print:
- 2012
- Published Online:
- March 2016
- ISBN:
- 9780814727775
- eISBN:
- 9780814770467
- Item type:
- chapter
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9780814727775.003.0004
- Subject:
- Sociology, Law, Crime and Deviance
This chapter analyzes how police questioned the vast majority of youths who waived Miranda in the previous chapter. It investigates the process of interrogations—the types of tactics and Reid Method ...
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This chapter analyzes how police questioned the vast majority of youths who waived Miranda in the previous chapter. It investigates the process of interrogations—the types of tactics and Reid Method techniques police used. Miranda imposes a structure on interrogations based on warning, waiver, interrogation, and response. Police must build rapport, successfully negotiate a warning, and elicit a waiver before they begin questioning. The chapter also examines how police conclude an interview and demonstrate a voluntary waiver and statement. Any statement must be voluntary and not prompted by threats or promises. Some investigators concluded by asking suspects whether the officer used any coercive influences to elicit their statement.Less
This chapter analyzes how police questioned the vast majority of youths who waived Miranda in the previous chapter. It investigates the process of interrogations—the types of tactics and Reid Method techniques police used. Miranda imposes a structure on interrogations based on warning, waiver, interrogation, and response. Police must build rapport, successfully negotiate a warning, and elicit a waiver before they begin questioning. The chapter also examines how police conclude an interview and demonstrate a voluntary waiver and statement. Any statement must be voluntary and not prompted by threats or promises. Some investigators concluded by asking suspects whether the officer used any coercive influences to elicit their statement.