Lawrence S. Wrightsman and Mary L. Pitman
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780199730902
- eISBN:
- 9780199776986
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199730902.001.0001
- Subject:
- Psychology, Forensic Psychology
In 1966 the Supreme Court ruled that law-enforcement officers were required to inform criminal defendants about their rights to remain silent or have an attorney present during their interrogation. ...
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In 1966 the Supreme Court ruled that law-enforcement officers were required to inform criminal defendants about their rights to remain silent or have an attorney present during their interrogation. In the 40 years since the inception of the “Miranda rule,” its anticipated effect has not been realized. The purposes of this book are to examine the reasons why the goal of the authors of the Miranda ruling has not been met and to identify procedures that move the criminal justice system closer to this goal. Separate chapters deal with four causes: the limitations and compromises in the original decision, the problems in comprehension of the Miranda warnings by various vulnerable populations (adolescents, non-English speakers, the deaf, and the mentally-challenged), the decisions subsequent to the 1966 decision that have eroded its breadth and application, and the efforts by police to avoid the curtailments from the ruling. The final chapter examines possible remedies such as requiring the presence of an attorney when the rights are given and videotaping the entire interrogation.Less
In 1966 the Supreme Court ruled that law-enforcement officers were required to inform criminal defendants about their rights to remain silent or have an attorney present during their interrogation. In the 40 years since the inception of the “Miranda rule,” its anticipated effect has not been realized. The purposes of this book are to examine the reasons why the goal of the authors of the Miranda ruling has not been met and to identify procedures that move the criminal justice system closer to this goal. Separate chapters deal with four causes: the limitations and compromises in the original decision, the problems in comprehension of the Miranda warnings by various vulnerable populations (adolescents, non-English speakers, the deaf, and the mentally-challenged), the decisions subsequent to the 1966 decision that have eroded its breadth and application, and the efforts by police to avoid the curtailments from the ruling. The final chapter examines possible remedies such as requiring the presence of an attorney when the rights are given and videotaping the entire interrogation.
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.
