Psychological assessment and Miranda rights.
The Supreme Court has indicated that a criminal defendant must be advised of the right to remain silent and to be represented by an attorney, and a confession is ruled inadmissible if it is obtained without the knowledge of those rights. A psychologist may be placed in a position of being asked to advise the court as to the defendant's ability to comprehend and knowingly waive these rights. Three brief cases are presented in which meaningful comprehension was the issue, and a description is provided of the approach taken to responding to the question raised.
Stricker
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Inst. of Advanced Psychological Studies, Adelphi University, Garden City, NY 11530, USA.