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

Full Abstract

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.

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Author information

Author/s: Viljoen, Jodi L (JL); Zapf, Patricia A (PA); Roesch, Ronald (R);

Affiliation: Department of Psychology, Simon Fraser University, RCB 5246, 8888 University Drive, Burnaby, BC, Canada, V5A 1S6.

Journal and publication information

Publication Type: Journal Article; Research Support, Non-U.S. Gov't

Journal: Behavioral sciences & the law (Behav Sci Law), published in United States. (Language: eng)

Reference: 2007-; vol 25 (issue 1) : pp 1-19

Dates: Created 2007/02/13; Completed 2007/05/01;

PMID: 17285585, status: MEDLINE (last retrieval date: 12/26/2008)

Sourced from the National Library of Medicine. Abstract text and other information may be subject to copyright.

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MeSH headings (categories)

This article was linked to the MESH Headings shown below.

Adolescent
Attitude
Child
Civil Rights - legislation & jurisprudence
Crime - legislation & jurisprudence
Criminal Law - standards

Criminal Law - standards
Female
Humans
Male
Professional Competence
United States

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