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.     

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 true and false confessions within a novel experimental paradigm

The primary goal of the current study was to develop a novel experimental paradigm with which to study the influence of psychologically based interrogation techniques on the likelihood of true and false confessions. The paradigm involves guilty and innocent participants being accused of intentionally breaking an experimental rule, or "cheating." In the first demonstration of this paradigm, we explored the influence of two common police interrogation tactics: minimization and an explicit offer of leniency, or a "deal." Results indicated that guilty persons were more likely to confess than innocent persons, and that the use of minimization and the offer of a deal increased the rate of both true and false confessions. Police investigators are encouraged to avoid interrogation techniques that imply or directly promise leniency, as they appear to reduce the diagnostic value of any confession that is elicited.     

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.     

The relationship between false confessions and perceptions of parental rearing practices

The main aim of the study was to investigate the relationship between a history of having made a false confession and reported parental rearing practices. It was hypothesized that the reporting of rejection and absence of warmth by parents would be associated with the making of a false confession. The participants were 804 college students in Iceland. Each was asked about false confessions made to teachers and parents in the past, as well as about false confessions made to the police during questioning. The participants completed questionnaires relating to perceived parental rearing practices (EMBU), proneness to antisocial behavior (the Gough Socialization Scale), personality (EPQ), self-esteem (Rosenberg), and compliance (GCS). Only eight participants (1% of those interrogated) claimed to have made false confessions to the police, whereas 10% claimed to have made false confessions to teachers or parents. False confessions were significantly associated with proneness to antisocial behavior and the EMBU Rejection and Warmth scales for both fathers and mothers.     

A closer look at self-reported suicide attempts: false positives and false negatives

The validity of self-reported suicide attempt information is undermined by false positives (e.g., incidences without intent to die), or by unreported suicide attempts, referred to as false negatives. In a sample of 1,385 Austrian adults, we explored the occurrence of false positives and false negatives with detailed, probing questions. Removing false positives decreased the rate of suicide attempters from 4.3% to 2.7%. Probing questions also revealed 0.8% false negatives. We recommend using probing questions with both those who report a suicide attempt and those who do not report a suicide attempt to increase the validity of self-reported suicide-related information.     

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.     

Gender differences in the interplay between exposure to trauma and parental disturbances within the home,stress-sensitivity and reported false confessions in adolescents

The principal aim of this study is to investigate the interplay between the reported experience of physical/psychological trauma and disturbances involving parents within the home, latent stress-sensitivity, and the likelihood of reporting false confessions in females. This study also investigates gender differences by fitting the hypothesised partial mediation model to the male data. A multiple group structural equation model was fitted to data obtained from both female (N = 5426) and male (N = 5394) further education students in Iceland. The direct effect from reported physical/psychological trauma to reported false confessions emerged as the only significant effect in females. In males, the direct effect of latent stress-sensitivity on false confessions is significant, but also the indirect effect from both reported experience of physical/psychological trauma and disturbances involving parents through latent stress-sensitivity to false confessions is significant. This study has solidified the notion that a history of physical violence in particular at home may be a critical susceptibility factor amongst females. In males, self-report stress-sensitivity may be the critical susceptibility factor, both explaining the effect of physical/psychological trauma in the home on false confessions, and increasing sensitivity to exogenous interview pressure.     

Paradoxical effects of testing: Repeated retrieval attempts enhance the likelihood of later accurate and false recall

The testing effect is the finding that taking an initial test enhances the likelihood of later recall. The present report examines the extent to which this benefit of testing comes with a cost: an enhanced likelihood of erroneously recalling incorrect information. Subjects were given short lists of semantic associates (e.g., hill, valley, climb); each list converged upon a related nonpresented word (e.g., mountain). After presentation of some lists, the subjects received no initial test; after others, one initial free recall test; and after others, three successive free recall tests. The probabilities of final free recall (and the probability of reporting vivid recollection of the moment of encoding) of both studied and related, nonstudied words (e.g., mountain) were highest when three initial tests had been taken, intermediate following one initial test, and lowest when no initial test had occurred. The beneficial effects of testing carry the cost of increases in erroneous memory for related information.     

The relation between children's reading comprehension level and their comprehension of idioms

We report an investigation of 9-year-olds' ability to interpret idioms in relation to their reading comprehension level. We manipulated whether the idioms were transparent or opaque, whether they were real or novel, whether they were presented in isolation or in a supportive narrative context. As predicted, children were better able to explain the meanings of idioms in context than in isolation. The good and poor comprehenders did not differ in their abilities to interpret transparent idioms in context, but the poor comprehenders were significantly worse at using context to work out the meanings of opaque idioms. The explanation task revealed the source of information used by the children to derive nontarget interpretations. We discuss these findings in relation to idiom processing strategies and Levorato and Cacciari's global elaboration model.     

Experimenter effects on children's understanding of false drawings and false beliefs

Two experiments were conducted in which a variant of J. McGarrigle and M. Donaldson's (1975) "Naughty Teddy" intervention was applied to children's understanding of false drawings and false beliefs. The results showed that preschool children's understanding of the contents of an out-of-date drawing improved when the drawing was made by a capricious agent ("Naughty Snakey" glove puppet) rather than by the experimenter. The children's performance on a false belief task also improved when the events that set up the false belief were the result of the actions of the glove puppet. The results are discussed in terms of the role of children's sensitivity to the pragmatics of interactions in their development of a theory of mind.     

The evaluation of truthfulness in alleged sex offenders' self-reports: 16PF and MMPI validity scales.

The evaluation of response bias (i.e., minimization or exaggeration) is central to forensic psychological evaluations. Yet few studies have assessed forensic samples to investigate the ability of psychological tests to detect response bias. We studied the relationship between the Sixteen Personality Factors Questionnaire (16PF) and the Minnesota Multiphasic Personality Inventory (MMPI) validity scales for 65 alleged sex offenders and assessed the effects of different cutoff scores for the 16PF validity scales. Results indicate consistent significant correlations between the validity scales of the 16PF and the MMPI for measures of minimization and exaggeration. use of a priori cutoff scores resulted in the classification of our sample in proportions parallel to those found in previous research for the 16PF Fake-Good scale but not the Fake-Bad scale. Our results indicate that 16PF validity scales are useful, but interpretations must take into account different base rates of response bias between sex offenders and the general population.