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Published by the American Bar Association (ABA), Mirandized Statements: Successfully Navigating the Legal and Psychological Issues was written to serve both defense and prosecution perspectives: a suppressed valid statement is every bit as undesirable as an admitted invalid one. It provides both the defense and prosecution with the most effective tools for identifying and weighing Miranda issues, obtaining appropriate scientific expertise, and understanding the psychological and legal issues affecting admissibility. These tools can also assist in the suppression hearing.
Recent legal and psychological studies have revealed startling information about Miranda warnings and waivers. Adults and juvenile arrestees alike are failing to understand their rights, sometimes because of complex and obscure language, and sometimes because of the combined effects of mental illness, intellectual disability, and deficient education – all overrepresented in criminal defendants.
Defense counsel and prosecutors are often surprised to learn of significant variations in the length and vocabulary levels of Miranda advisements – and the extent to which problems can be magnified by faulty translation into other languages. Even when adult or juvenile arrestees possess the ability to understand what warnings and waivers are saying, they may be prey to dangerously erroneous assumptions, which in turn may lead to profoundly poor waiver decisions. Alternatively, defendants may suffer from their version of “confessors' remorse” and attempt to thwart justice by noncredible claims of invalid Miranda waivers.
Attorneys on both sides of the bar must become conversant with Miranda issues as well as mental health experts. Regarding the latter, do mental health experts for either side truly grasp the issues? Are their forensic conclusions supportable by the totality of the circumstances? Are their opinions measured and balanced?
Confessions and other self-incriminating statements stand to have an overwhelming impact on criminal proceedings. This book takes the reader through a step-by-step examination of the full range of practical considerations in these cases.
This indispensable resource answers the following questions:
Each chapter is organized into logically sequenced sections that enable the reader to master technical concepts without drowning in technical jargon. This book is a must-read for defense counsel, prosecutors, and judges who seek to bring these challenging matters to a just and well-supported conclusion.