Thursday, January 17, 2013
The New Miranda Warning (Cicchini)
Monday, January 14, 2013
Overcoming Miranda (Domanico, Cicchini & White)
The authors analyzed the Miranda portions of
electronically recorded police interrogations in serious felony cases. The objectives were to determine what
percentage of suspects waived their rights, whether the suspects understood
their rights before waiving them, and whether the police employed any tactics
to induce the suspects to waive their rights.
The results of the study revealed that 93% of suspects waived their
Miranda rights and talked to the police.
Further, it is unlikely that those suspects understood their rights; in
fact, the police used a version of the Miranda warning that required a reading
level that far exceeded that of most suspects, and the police did very little
to ensure that suspects actually understood their rights before waiving
them. Finally, the police spoke
significantly faster when reading suspects their Miranda rights, and, in more
than half of the interrogations, also minimized the importance of the
rights. Both of these tactics likely
limited the suspects’ comprehension of the rights and their importance, and likely
induced them to waive, rather than invoke, their rights. These findings are largely consistent with
the limited number of other social science studies that have been published,
and raise serious doubt about whether suspects’ waivers are truly voluntary, knowing,
and intelligent, as required by Miranda.
Based on these findings, the authors also recommend specific reforms to
the Miranda process. Full article available here.
Saturday, January 5, 2013
Judicial do over
Lawyer salaries: going, going . . . gone
Double Standards in Legal Ethics
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