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.
Lawrence S. Wrightsman and Mary L. Pitman
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780199730902
- eISBN:
- 9780199776986
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199730902.003.005
- Subject:
- Psychology, Forensic Psychology
This chapter reviews recent research on the comprehension of the Miranda rights by members of several vulnerable groups. For example, the warnings often exceed the reading level of the typical ...
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This chapter reviews recent research on the comprehension of the Miranda rights by members of several vulnerable groups. For example, the warnings often exceed the reading level of the typical adolescent suspect. For non-English-speaking persons, the translation to their language may be difficult. For deaf suspect, American Sign Language lacks several relevant terms. The problem is exacerbated by the fact that there is no regulation of the specific warning, so that some jurisdictions have verbose, complicated warnings with complex sentences and word length of 400 or more words.Less
This chapter reviews recent research on the comprehension of the Miranda rights by members of several vulnerable groups. For example, the warnings often exceed the reading level of the typical adolescent suspect. For non-English-speaking persons, the translation to their language may be difficult. For deaf suspect, American Sign Language lacks several relevant terms. The problem is exacerbated by the fact that there is no regulation of the specific warning, so that some jurisdictions have verbose, complicated warnings with complex sentences and word length of 400 or more words.
William Douglas Woody and Krista D. Forrest
- Published in print:
- 2020
- Published Online:
- September 2020
- ISBN:
- 9781479860371
- eISBN:
- 9781479828128
- Item type:
- chapter
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9781479860371.003.0004
- Subject:
- Sociology, Law, Crime and Deviance
This chapter dives into the myriad deceptive tactics used by police interrogators. The authors open with the false confessions of the Tucson Four, who faced extensive deception. The authors then turn ...
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This chapter dives into the myriad deceptive tactics used by police interrogators. The authors open with the false confessions of the Tucson Four, who faced extensive deception. The authors then turn to a philosophical discussion of deception, followed by examination of the ways that lies by police officers affect suspects, the public, and officers themselves. Next, the chapter reviews forms of police deception, including deception about Miranda, deceptive interrogation tactics, and elaborate role-playing activities as well as courts’ responses to deception during interrogation. This chapter also explores the experimental literature on interrogation and confession with particular attention to research about deceptive interrogation tactics. The chapter concludes with a review of the ways that deception shapes the totality of the circumstances.Less
This chapter dives into the myriad deceptive tactics used by police interrogators. The authors open with the false confessions of the Tucson Four, who faced extensive deception. The authors then turn to a philosophical discussion of deception, followed by examination of the ways that lies by police officers affect suspects, the public, and officers themselves. Next, the chapter reviews forms of police deception, including deception about Miranda, deceptive interrogation tactics, and elaborate role-playing activities as well as courts’ responses to deception during interrogation. This chapter also explores the experimental literature on interrogation and confession with particular attention to research about deceptive interrogation tactics. The chapter concludes with a review of the ways that deception shapes the totality of the circumstances.
William Douglas Woody and Krista D. Forrest
- Published in print:
- 2020
- Published Online:
- September 2020
- ISBN:
- 9781479860371
- eISBN:
- 9781479828128
- Item type:
- chapter
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9781479860371.003.0003
- Subject:
- Sociology, Law, Crime and Deviance
This chapter opens with a review of the false confession and mistaken conviction of Matt Livers, which powerfully depicts many of the ways the totality of the circumstances shapes interrogation and ...
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This chapter opens with a review of the false confession and mistaken conviction of Matt Livers, which powerfully depicts many of the ways the totality of the circumstances shapes interrogation and suspects’ decisions to confess. The authors present interviews and explore ways that interviews contrast with interrogations. Police interviews typically include attempts at behavioral deception detection; therefore, this chapter examines the wide and deep research literature and recommends caution for police, particularly regarding the ways that biases interfere with deception detection. The chapter then introduces Miranda warnings, including their content and limitations, before concluding with a review of the widely used method of interrogation promoted by John E. Reid & Associates, Inc.Less
This chapter opens with a review of the false confession and mistaken conviction of Matt Livers, which powerfully depicts many of the ways the totality of the circumstances shapes interrogation and suspects’ decisions to confess. The authors present interviews and explore ways that interviews contrast with interrogations. Police interviews typically include attempts at behavioral deception detection; therefore, this chapter examines the wide and deep research literature and recommends caution for police, particularly regarding the ways that biases interfere with deception detection. The chapter then introduces Miranda warnings, including their content and limitations, before concluding with a review of the widely used method of interrogation promoted by John E. Reid & Associates, Inc.
Susan Berk-Seligson
- Published in print:
- 2016
- Published Online:
- March 2016
- ISBN:
- 9780199945351
- eISBN:
- 9780190279219
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199945351.003.0011
- Subject:
- Linguistics, Sociolinguistics / Anthropological Linguistics
This chapter questions the widely held assumption of the criminal justice system that if suspects being held in custody have acknowledged understanding police explanations of their rights and then ...
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This chapter questions the widely held assumption of the criminal justice system that if suspects being held in custody have acknowledged understanding police explanations of their rights and then answers interrogators’ questions, it necessarily means that they have understood what they have agreed to. Any consideration of whether suspects have voluntarily consented to answering the questions of police interrogators entails issues connected to the understanding of the Miranda rights. These issues include the totality of circumstances, which, for suspects who have limited proficiency in English and who are in police custody, must include both linguistic as well as cultural factors. Simply providing the rights in the suspect’s first language, even if this is done by a native speaker of this language, does not necessarily guarantee comprehension of those rights.Less
This chapter questions the widely held assumption of the criminal justice system that if suspects being held in custody have acknowledged understanding police explanations of their rights and then answers interrogators’ questions, it necessarily means that they have understood what they have agreed to. Any consideration of whether suspects have voluntarily consented to answering the questions of police interrogators entails issues connected to the understanding of the Miranda rights. These issues include the totality of circumstances, which, for suspects who have limited proficiency in English and who are in police custody, must include both linguistic as well as cultural factors. Simply providing the rights in the suspect’s first language, even if this is done by a native speaker of this language, does not necessarily guarantee comprehension of those rights.
Janet Ainsworth
- Published in print:
- 2013
- Published Online:
- May 2013
- ISBN:
- 9780199673667
- eISBN:
- 9780191751769
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199673667.003.0201
- Subject:
- Law, Comparative Law, Philosophy of Law
In contemporary jurisprudence, the right to remain silent has been valorized as foundational to human dignity and to human expressive freedom. The right to remain silent is also likely the criminal ...
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In contemporary jurisprudence, the right to remain silent has been valorized as foundational to human dignity and to human expressive freedom. The right to remain silent is also likely the criminal law doctrine most recognized by the American general public. In fact, given the worldwide marketing of American movies and television dramas, the Miranda warning, beginning, ‘You have the right to remain silent’, may well be the single most widely known principle of criminal law in the world. Yet, despite its deep roots in American legal history and its entrenched status in current popular culture, the right to silence as articulated in Miranda has been subject to a barrage of judicial limitations, qualifications, and exceptions in recent years, to the point where it currently can scarcely be said to provide any meaningful constraint on police interrogation at all. This chapter begins by tracing the origins of the Miranda rule. It then discusses remaining silent as an exercise of the right to remain silent; Berghuis v. Thompkins and its consequences for the right to remain silent; speaking to claim the right to remain silent; and whether Miranda warnings are still relevant.Less
In contemporary jurisprudence, the right to remain silent has been valorized as foundational to human dignity and to human expressive freedom. The right to remain silent is also likely the criminal law doctrine most recognized by the American general public. In fact, given the worldwide marketing of American movies and television dramas, the Miranda warning, beginning, ‘You have the right to remain silent’, may well be the single most widely known principle of criminal law in the world. Yet, despite its deep roots in American legal history and its entrenched status in current popular culture, the right to silence as articulated in Miranda has been subject to a barrage of judicial limitations, qualifications, and exceptions in recent years, to the point where it currently can scarcely be said to provide any meaningful constraint on police interrogation at all. This chapter begins by tracing the origins of the Miranda rule. It then discusses remaining silent as an exercise of the right to remain silent; Berghuis v. Thompkins and its consequences for the right to remain silent; speaking to claim the right to remain silent; and whether Miranda warnings are still relevant.
Lisa H. Thurau and Sia Henry
- Published in print:
- 2015
- Published Online:
- March 2016
- ISBN:
- 9781479898800
- eISBN:
- 9781479800308
- Item type:
- chapter
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9781479898800.003.0014
- Subject:
- Law, Family Law
This chapter analyzes the implementation of the Court's decision in J.D.B. v. North Carolina, in which the Court held that police must take the age of youth into account when determining if Miranda ...
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This chapter analyzes the implementation of the Court's decision in J.D.B. v. North Carolina, in which the Court held that police must take the age of youth into account when determining if Miranda warnings are required. A review of 20 state court cases involving police questioning and interrogation of juveniles shows that the notion of developmental maturity is still a foreign concept for some judges and law enforcement officers. The results also indicate that some system stakeholders recognize that youths' fear of authority and incarceration is useful leverage for obtaining information, compliance, and confessions, even while they deny that youthfulness has any role in whether juveniles have the capacity to invoke their rights.Less
This chapter analyzes the implementation of the Court's decision in J.D.B. v. North Carolina, in which the Court held that police must take the age of youth into account when determining if Miranda warnings are required. A review of 20 state court cases involving police questioning and interrogation of juveniles shows that the notion of developmental maturity is still a foreign concept for some judges and law enforcement officers. The results also indicate that some system stakeholders recognize that youths' fear of authority and incarceration is useful leverage for obtaining information, compliance, and confessions, even while they deny that youthfulness has any role in whether juveniles have the capacity to invoke their rights.
Roger W. Shuy
- Published in print:
- 2014
- Published Online:
- April 2014
- ISBN:
- 9780199354832
- eISBN:
- 9780199398454
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199354832.003.0006
- Subject:
- Linguistics, Sociolinguistics / Anthropological Linguistics
Voluntariness becomes a critical legal issue when suspects are interviewed before or during custody as well as when they are questioned at trial. The law, describing voluntariness as intentional and ...
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Voluntariness becomes a critical legal issue when suspects are interviewed before or during custody as well as when they are questioned at trial. The law, describing voluntariness as intentional and unimpeded by outside influence, gives special attention to suspects who are mentally incapacitated, those who are impeded by alcohol or drugs, and those who are juveniles. This chapter describes the structure of the police interview, noting places where voluntariness can become problematic, not only during Miranda warnings but also in the entire interview itself. Also stressed is the need to electronically record all interviews in order for police to avoid criticisms of coercion and bias. The chapter introduces the cases described in the following three chapters.Less
Voluntariness becomes a critical legal issue when suspects are interviewed before or during custody as well as when they are questioned at trial. The law, describing voluntariness as intentional and unimpeded by outside influence, gives special attention to suspects who are mentally incapacitated, those who are impeded by alcohol or drugs, and those who are juveniles. This chapter describes the structure of the police interview, noting places where voluntariness can become problematic, not only during Miranda warnings but also in the entire interview itself. Also stressed is the need to electronically record all interviews in order for police to avoid criticisms of coercion and bias. The chapter introduces the cases described in the following three chapters.