Deficits in Miranda comprehension and reasoning: The effects of substance use and attention deficits.

Description:

Each year, an estimated 318,000 defendants who do not comprehend the Miranda warnings waive their rights and provide incriminating evidence without the protection of counsel (Rogers, 2008), which make Miranda-related competencies one of the most pervasive pretrial issues. A wide range of issues could potentially affect an individual's capacity to provide a knowing and intelligent waiver. Previous Miranda research has focused narrowly on the effects of cognitive and developmental factors. The current study added to the Miranda literature by examining the impact of two highly prevalent conditions found in correctional populations, attention deficits and substance abuse. Adult defendants in custody (N = 118) were evaluated within 36 hours of arrest in order to assess both chronic psychological disorders and situational variables. Results indicate that attention deficits have a significant impact on defendants' ability to provide a knowing Miranda waiver, whereas substance use profoundly affected their reasoning about Miranda waiver decisions. This study represents the first systematic investigation of the effect of transient mental states on Miranda-related abilities with criminal defendants. Important implications for forensic practice are addressed.

Creator(s): Hazelwood, Lisa L.
Creation Date: August 2009
Partner(s):
UNT Libraries
Collection(s):
UNT Theses and Dissertations
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Publisher Info:
Publisher Name: University of North Texas
Place of Publication: Denton, Texas
Date(s):
  • Creation: August 2009
Description:

Each year, an estimated 318,000 defendants who do not comprehend the Miranda warnings waive their rights and provide incriminating evidence without the protection of counsel (Rogers, 2008), which make Miranda-related competencies one of the most pervasive pretrial issues. A wide range of issues could potentially affect an individual's capacity to provide a knowing and intelligent waiver. Previous Miranda research has focused narrowly on the effects of cognitive and developmental factors. The current study added to the Miranda literature by examining the impact of two highly prevalent conditions found in correctional populations, attention deficits and substance abuse. Adult defendants in custody (N = 118) were evaluated within 36 hours of arrest in order to assess both chronic psychological disorders and situational variables. Results indicate that attention deficits have a significant impact on defendants' ability to provide a knowing Miranda waiver, whereas substance use profoundly affected their reasoning about Miranda waiver decisions. This study represents the first systematic investigation of the effect of transient mental states on Miranda-related abilities with criminal defendants. Important implications for forensic practice are addressed.

Degree:
Level: Doctoral
Discipline: Clinical Psychology
Language(s):
Subject(s):
Keyword(s): Miranda | ADHD | legal competency | forensic assessment | attention | substance abuse
Contributor(s):
Partner:
UNT Libraries
Collection:
UNT Theses and Dissertations
Identifier:
  • OCLC: 568608832 |
  • UNTCAT: b3823883 |
  • ARK: ark:/67531/metadc12132
Resource Type: Thesis or Dissertation
Format: Text
Rights:
Access: Public
License: Copyright
Holder: Hazelwood, Lisa L.
Statement: Copyright is held by the author, unless otherwise noted. All rights reserved.