Deficits in Miranda Comprehension and Reasoning: The Effects of Substance Use and Attention Deficits.

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