Adjudicative competence and comprehension of Miranda rights in adolescent defendants: a comparison of legal standards

Currently, there is considerable variability and ambiguity in legal standards pertaining to juveniles' comprehension of Miranda rights and their adjudicative competence. This study investigated rates of impairment under various proposed legal standards. One hundred and fifty-two young defendants aged 11-17 were assessed with Grisso's Miranda Instruments and the Fitness Interview Test-Revised. While over half of defendants aged 15 and under were classified as impaired in adjudicative capacities when adult norms were applied, significantly fewer adolescents were classified as impaired when adolescent norms were applied or a standard of "basic understanding and communication." Also, while over half of defendants aged 15 and under were classified as impaired in their comprehension of Miranda rights when both understanding and appreciation of Miranda rights were required, significantly fewer youth were classified as being impaired when only understanding was required. The implications of these findings are discussed.     

Psychometric properties of the Miranda Rights Comprehension Instruments with a juvenile justice sample

This article describes the psychometric properties of the Miranda Rights Comprehension Instruments, the revised version of Grisso's Miranda instruments. The original instruments demonstrated good reliability and validity in a normative sample. The revised instruments updated the content of the original instruments and were administered to a sample of 183 youth in pre- and postadjudication facilities. Analyses were conducted to establish the psychometric properties of the revised instruments and included similar analyses to those conducted by Grisso, as well as additional calculations (e.g., standard errors of measurement, intraclass correlation coefficients, Kappa coefficients). Results revealed sound psychometric properties, similar to those observed for the original instruments.     

Evaluations of capacity to waive Miranda rights: a survey of practitioners' use of the Grisso instruments

Minimal information is available regarding the frequency with which practitioners conduct evaluations of capacity to waive Miranda rights or what approaches they use in doing so. Grisso's Instruments for Assessing Understanding and Appreciation of Miranda Rights are the only published instruments designed specifically to assist practitioners in these evaluations. The instruments have been criticized for limited normative data in the test manual and the minimal guidance offered for interpreting results. A survey of practitioners was conducted to determine the nature and frequency of the use of these instruments. Of 401 respondents, 91% were engaged in forensic practice, and 26% had conducted evaluations of one's capacity to waive Miranda rights. Of those conducting Miranda evaluations, 44% had used Grisso's Miranda instruments. Practitioners' responses regarding the ways the instruments are used are reported. Suggestions are offered for informed practice, and related strengths and weaknesses of the instruments are identified.     

Pre-adjudicative and adjudicative competence in juveniles and young adults

There are several different types of legal competence, such as competence to waive Miranda rights, competence to confess, and competence to stand trial. Although it can be surmised that many of the underlying factors that influence the different legal competencies are similar, little research has been conducted to empirically test this hypothesis. In the present study, juveniles' and young adults' understanding and appreciation of their Miranda rights and their ability to stand trial were measured. Age, suggestibility, average grades in school, and frequency of previous police involvement were also examined as possible factors that influence both types of legal knowledge. Results indicated that Miranda competence and adjudicative competence are indeed strongly related, especially for juveniles. Also, age and suggestibility were found to predict Miranda competence, whereas suggestibility and average school grades predicted competence to stand trial. Patterns of findings often diverged for juveniles and young adults. Implications for legal policy are discussed.     

The MRCI with juvenile detainees: optimizing performance or emphasizing ecological validity?

The Miranda Rights Comprehension Instruments (MRCI) are intended to be administered to legally involved youths in a setting free from distractions and stressors with the explicit goal of assessing the examinee's best understanding. However, marked disparities have been observed between juveniles' MRCI performance and their unassisted recall of a representative Miranda warning. We hypothesized that youths' very strong MRCI performance might be partially due to prompts and clarifications used whenever incomplete or ambiguous answers are provided. In this archival study, we systematically re‐scored three MRCI instruments from 231 legally involved youths to evaluate their original responses (i.e., non‐queried scoring). This approach is viewed as more ecologically valid because actual Miranda warnings are typically provided in a routine manner without assistance following each Miranda component. For the large majority of legally involved juveniles, only small differences were noted between standard and non‐queried scoring. However, some dramatic decrements were observed, especially on the Comprehension of Miranda Rights‐II (CMR‐II). More specifically, 15.7% of CMR‐II percentiles dropped precipitously by 60% or more, when using the non‐queried scores. The results are discussed within the context of optimized performances versus ecological validity as applied to Miranda evaluations.     

A review and update on the practice of evaluating Miranda comprehension

This article summarizes recent developments in constitutional law relevant to the Miranda warning. We describe the origins of the warning, concerns about the use of the Miranda warning, perspectives on the utility of the warning, and the relevance of the warning. We describe how the warning has changed over time, requirements for administering the warning, and procedures that police use in delivering the warning and obtaining confessions. We review case law relevant to "coerced" Miranda waivers and confessions, changes over time in the court's interpretation of what constitutes "coercion," use of the warning with special populations, and the recent focus in case law on individual factors that might impair Miranda comprehension. We review empirical research on factors associated with deficits in Miranda comprehension. We integrate case law rulings and empirical research into suggested approaches to forensic assessment of Miranda comprehension.     

朗读流畅性在儿童阅读发展中的预测作用

本研究对八个班的二年级汉语儿童进行了长达一年的追踪,深入探索了朗读流畅性在儿童阅读发展中的作用。结果发现,篇章朗读流畅性与学生的多项言语和阅读能力正相关;在控制了年龄、瑞文推理、汉字识别和口语词汇量之后,只在三年级时发现了篇章朗读流畅性对同时期的阅读理解有独特解释作用,但未能在二年级时找到类似的横断证据;但在排除了自回归效应和其他变量的作用之后,二年级时的朗读流畅性对一年后的阅读理解具有独特的预测作用。这表明朗读流畅性在汉语儿童阅读能力发展中具有重要预测作用,今后的理论研究和教学实践都应对此给予足够重视。     

Getting it wrong about Miranda rights: false beliefs, impaired reasoning, and professional neglect

Television and other media inundate Americans with innumerable yet fragmentary examples of Miranda warnings; however, familiarity born of repeated exposures cannot be equated with accuracy or understanding. The intended purpose of these warnings is to inform and caution rather than to pacify and reassure--a purpose that cannot be realized when most custodial suspects assume that they already know everything the law insists they should be told. Painstakingly negotiated Constitutional safeguards are further imperiled when attorneys, judges, and forensic evaluators are lulled into complacency by the commonly held misconception that everyone understands their Miranda rights. This article elucidates certain false beliefs and misapprehensions regarding Miranda comprehension and identifies widespread neglect of these issues by the professional community. (PsycINFO Database Record (c) 2011 APA, all rights reserved).     

Investigating the predictive roles of working memory and IQ in academic attainment

There is growing evidence for the relationship between working memory and academic attainment. The aim of the current study was to investigate whether working memory is simply a proxy for IQ or whether there is a unique contribution to learning outcomes. The findings indicate that children’s working memory skills at 5 years of age were the best predictor of literacy and numeracy 6 years later. IQ, in contrast, accounted for a smaller portion of unique variance to these learning outcomes. The results demonstrate that working memory is not a proxy for IQ but rather represents a dissociable cognitive skill with unique links to academic attainment. Critically, we find that working memory at the start of formal education is a more powerful predictor of subsequent academic success than IQ. This result has important implications for education, particularly with respect to intervention.     

Improving understanding and recall of the probation service contract

The role of the probation service within the Criminal Justice System is to provide support to probationees so they can serve out their probation orders in accordance with certain regulations. These regulations are expressed in a formal contract. The current article reports an assessment of the readability of the current Kent Probation Service's users' contract. A Flesch (1948) analysis of the original document indicated that it required an IQ of 111+ for full comprehension. Using several criteria suggested by the Flesch formula and other literature, the document was revised to improve its readability. Analysis revealed the revised document to require an IQ of 84+ for full comprehension, indicating that the revised contract should be considerably easier to understand than the original. An exploratory study revealed that both understanding and recall were significantly greater for the revised contract than for the original. We conclude that in assessing readability of written materials, it is important that (in conjunction with a Flesch analysis) documents are actually tested on the intended readership. Copyright © 2000 John Wiley & Sons, Ltd.     

The Text Matters: Eye Movements Reflect the Cognitive Processing of Interrogation Rights

Suspects' decisions to waive or invoke interrogation rights have considerable impact on whether subsequent interrogations ensue, self‐incriminating information is offered, and in the case of innocent suspects, wrongful convictions occur. Although interrogation warnings differ in their text characteristics, empirically examining the influence of these text differences on suspects' ability to process and comprehend their rights has largely been neglected, which is especially problematic for vulnerable populations. Using a novel approach, we monitored the eye movements of 60 juveniles as they silently read different versions of Miranda warnings in order to investigate the relationship among text characteristics, processing difficulty, and comprehension problems. Results indicated that text characteristics were associated with processing difficulties and these processing difficulties were strongly correlated with comprehension of the warnings. Along with advancing basic and applied research programs, this approach can inform policy decisions and benefit vulnerable populations whose comprehension of interrogation rights is encumbered by legalese.Copyright © 2015 John Wiley & Sons, Ltd.     

Human Rights Attitudes: Dimensionality and Psychological Correlates

This study assesses the dimensionality and correlates of individuals' attitudes toward human rights. In previous research, the Attitudes Toward Human Rights Inventory (ATHRI) was assumed to measure a unidimensional phenomenon and, as such, was used as an omnibus measure of human rights attitudes. In this study, factor analysis revealed the presence of 3 factors accounting for the variance in the measure, Personal Liberties, Civilian Constraint, and Social Security. This finding provided partial replication of results obtained by Diaz-Veizades, Widaman, Little, and Gibbs (1995) with their Human Rights Questionnaire and supports the contention that human rights attitudes should be considered multidimensional in nature. Correlation and regression analyses suggested that attitudes toward personal liberties are associated with political identification, whereas attitudes toward civilian constraint are related to moral judgment development and need for cognitive closure. Implications for ethics research and education are discussed.     

Low working memory capacity is only spuriously related to poor reading comprehension

Accounts of comprehension failure, whether in the case of readers with poor skill or when syntactic complexity is high, have overwhelmingly implicated working memory capacity as the key causal factor. However, extant research suggests that this position is not well supported by evidence on the span of active memory during online sentence processing, nor is it well motivated by models that make explicit claims about the memory mechanisms that support language processing. The current study suggests that sensitivity to interference from similar items in memory may provide a better explanation of comprehension failure. Through administration of a comprehensive skill battery, we found that the previously observed association of working memory with comprehension is likely due to the collinearity of working memory with many other reading-related skills, especially IQ. In analyses which removed variance shared with IQ, we found that receptive vocabulary knowledge was the only significant predictor of comprehension performance in our task out of a battery of 24 skill measures. In addition, receptive vocabulary and non-verbal memory for serial order—but not simple verbal memory or working memory—were the only predictors of reading times in the region where interference had its primary affect. We interpret these results in light of a model that emphasizes retrieval interference and the quality of lexical representations as key determinants of successful comprehension.     

The Miranda Warnings and the Deaf Suspect

Administration of the Miranda Warnings to deaf suspects poses many legal issues. If police officers, judges, attorneys and psychologists are unaware of these, evidence obtained as a consequence of deaf suspects waiving their Miranda Rights may be inadmissible in court. These issues include the importance of videotaping the police interview, the use of sign language interpreters, the determination of the deaf defendant's reading level and communication capacity, the limitations of lipreading, and other psycholinguistic factors. Recommendations are offered to aid in determining whether a deaf suspect is capable of understanding the Miranda Warnings and how these warnings should be administered.     

The ‘Notice to Detained Persons’, PACE Codes,and reading ease

This paper looks at the reading ease of the ‘Notice to Detained Persons’ and the PACE Codes of Practice. The documents were analysed by using the Flesch formula for reading ease (Flesch, 1948). The results indicate that the leaflet of Notice, given to arrested persons at police stations in order to advise them of their legal rights, would be fully understood by fewer than one in four of the general population. The Codes of Practice are even more complicated, and require substantially above-average intelligence and comprehension. An exploratory study into the comprehension complexity of the Notice to Detained Persons was carried out on 15 offenders with IQ values below 100. The results support the findings obtained by the Flesch formula, indicating that the Notice is far too complicated for the intellectually disadvantaged to understand their rights fully as outlined in the document. The implications of the findings are discussed.     

Language comprehension vs. language production: age effects on fMRI activation

Normal language acquisition is a process that unfolds with amazing speed primarily in the first years of life. However, the refinement of linguistic proficiency is an ongoing process, extending well into childhood and adolescence. An increase in lateralization and a more focussed productive language network have been suggested to be the neural correlates of this process. However, the processes underlying the refinement of language comprehension are less clear. Using a language comprehension (Beep Stories) and a language production (Vowel Identification) task in fMRI, we studied language representation and lateralization in 36 children, adolescents, and young adults (age 6-24 years). For the language comprehension network, we found a more focal activation with age in the bilateral superior temporal gyri. No significant increase of lateralization with age could be observed, so the neural basis of language comprehension as assessed with the Beep Stories task seems to be established in a bilateral network by late childhood. For the productive network, however, we could confirm an increase with age both in focus and lateralization. Only in the language comprehension task did verbal IQ correlate with lateralization, with higher verbal IQ being associated with more right-hemispheric involvement. In some subjects (24%), language comprehension and language production were lateralized to opposite hemispheres.     

Repetition and comprehension of spoken sentences by reading-disabled children

The language problems of reading-disabled elementary school children are not confined to written language alone. These children often exhibit problems of ordered recall of verbal materials that are equally severe whether the materials are presented in printed or in spoken form. Sentences that pose problems of pronoun reference might be expected to place a special burden on short-term memory because close grammatical relationships obtain between words that are distant from one another. With this logic in mind, third-grade children with specific reading disability and classmates matched for age and IQ were tested on five sentence types, each of which poses a problem in assigning pronoun reference. On one occasion the children were tested for comprehension of the sentences by a forced-choice picture verification task. On a later occasion they received the same sentences as a repetition test. Good and poor readers differed significantly in immediate recall of the reflexive sentences, but not in comprehension of them as assessed by picture choice. It was suggested that the pictures provided cues which lightened the memory load, a possibility that could explain why the poor readers were not demonstrably inferior in comprehension of the sentences even though they made significantly more errors than the good readers in recalling them.     

III. WISC-R scatter indices: Useful information for differential diagnosis?

This study analyzed the WISC-R verbal-performance, full scale IQ, verbal IQ, and performance IQ scatter indices of 101 verified special education students. The results indicated that none of these measures discriminated among emotionally disturbed, learning disabled, minimally brain injured, and educable mentally retarded children. These scatter indices were also compared with analogous data collected from a nationwide, representative sample of normal children (Kaufman, 1976a, 1976b). Statistically significant differences were obtained between the two groups on verbal-performance, full scale IQ, and performance IQ scatter dimensions. Further analyses revealed, however, that 40% of the normal children exhibited as much or more scatter than the average special education student on each of these three scatter indices. There were no significant differences between the two groups on the verbal IQ scatter index. The results are discussed in terms of the limited utility of WISC-R scatter indices for the purpose of differential diagnosis.     

“I Suck at Everything”: Crime,Arrest, and the Generality of Failure

In this article, we advance the idea that getting arrested amounts to “failing at crime.” And akin to the notion of the generality of deviance—where those who engage in any given form of criminal behavior are also likely to engage in a wide array of other problematic behaviors—we examine whether failing at crime (getting arrested) is associated with other forms of life failure. Using data from multiple waves of the National Longitudinal Study of Adolescent to Adult Health, our results reveal that, independent of one’s level of self-reported criminal behavior and other key potential confounders (IQ and self-control), being arrested is a significant predictor of a host of life failures related to education, employment, relationships, and health. The key implication of our study is that it highlights the need to develop a theory of the “generality of failure.”     

The Grisso Tests for Assessing Understanding and Appreciation of Miranda Warnings with a Forensic Sample

The Instruments for Assessing Understanding and Appreciation of Miranda Rights, hereafter referred to as the Grisso tests, are widely used and recommended psychological tests designed to help assess ability to understand and appreciate Miranda warnings. This article describes the results of these tests administered to 439 individuals who participated in an evaluation to assess knowing and intelligent waiver of Miranda warnings during police questioning. This study is the first of its kind using a large sample of defendants who were referred for an assessment of capacity to waive Miranda rights. This forensic sample includes both juveniles (176) and adults (263), and the results are quite similar to the original Grisso norms. There are strong correlations between performance on these tests and IQ as well as between performance and age. This sample provides a broader foundation for users of the Grisso tests and answers some of the initial criticism of the instruments. Copyright © 2012 John Wiley & Sons, Ltd.