122 research outputs found

    Miranda Rights and Wrongs: Matters of Justice

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    Judges are likely to respond with outright skepticism when the validity of a Miranda waiver is questioned because the defendant claimed to be merely “depressed” or “anxious” at the time of arrest. They may be reassured that extensive research on Miranda abilities has largely borne out this perspective. Symptoms of depression and anxiety, by themselves, do not increase the chances of impaired Miranda comprehension or reasoning. For instance, defendants with even moderate to severe depression have roughly the same odds of impaired functioning as those with negligible depression. Only at the extreme levels of depression does a pattern of deficits emerge for Miranda comprehension but not for Miranda reasoning.1 Likewise, a similar pattern is observed even for certain psychotic symptoms, such as delusions and paranoid distrust.2 On reflection, both legal and mental-health professionals alike can discern a plausible explanation for this occurring. Since most delusions and persecutory thoughts do not involve the police or the criminal-justice system, these symptoms are likely to have only a peripheral influence on Miranda-relevant abilities. Only when psychotic symptoms become truly pervasive (i.e., extremely severe) are they likely to impair Miranda comprehension and reasoning

    Threats to Impartiality in Capital Jury Selection: Addressing Dead-Serious Falsifications

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    The American Bar Association (ABA) filed an amicus brief1 in the Boston Marathon bombing case that took direct aim at current jury selection procedures within the context of highly publicized capital trials. It strongly recommended that knowledge about the case, including pretrial publicity, be carefully investigated. Moreover, the brief flatly stated that assertions of fairness and impartiality by venirepersons are “not reliable.”2 Is this true? What can social science tell us about the objectivity, truthfulness, and personal perspectives (e.g., biases or viewpoints) of potential jurors—in general, and on a case-by-case basis

    Institutionalized Delinquent and Maladjusted Juveniles: A Psycholegal Systems Analysis

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    I. Introduction II. The Criminal Justice and Mental Health Systems ... A. Angles A1 and A2 ... B. A1→B1, or A2→B2 … C. Angles B1 and B2 ... D. The Shuffle: A1→C1→A1 or A2; or A2→C2→A2 or A1; or A1→B2 or C1→B2 ... E. The Merger ... F. Prospects for Change ... G. Summary III. The Juvenile Justice System ... A. Legal Rights at Intake in the Juvenile Justice System (Angle A3 ) ... B. Legal Rights during Juvenile Incarceration (A3 to B3) ... C. Controversy over the Goal of Juvenile Justice (Angle B3) ... D. Dumping (Angle C3) and Shuffling (A3→C3→A3 or A1 or A2; or A3→A1 or A2) in the Juvenile Justice System ... E. Merger with the Criminal Justice System ... F. Summary IV. Juveniles in the Mental Health System ... A. Commitment of Juveniles to Mental Health Facilities (Angle A4) ... B. Incipient Legalization at Angle A4 ... C. Prospects for Further Legalization at Angle A4 ... D. Prospects for Treatment Rights (A4→B4) ... E. The Future of the Juvenile Mental Health System ... F. Summary V. Conclusio

    The American Psychological Association’s Guidelines for Child Custody Evaluations in Family Law Proceedings: Implications for the Courts

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    Whether they directly preside over such matters or not, all judges are aware that child custody cases are among the most contentious, nerve-wracking, and costly proceedings in our entire legal system. The most aggrieved and well-heeled of litigants are likely to up the ante by enlisting psychologists as expert witnesses—even when the Court has already found it necessary to do so on its own. American Psychological Association (APA) Guidelines exist to encourage best practices for these witnesses, and to help them to avoid commonly encountered pitfalls. This article addresses how the Court can best access, interpret, and reinforce the latest revision of these Guidelines for the benefit of parties, counsel, and judges alike

    A Comparison of Residential and Visitor Attitudes Toward Experiential Impacts, Environmental Conditions and Management Strategies on the Delaware Inland Bays

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    This paper compares different attitudes toward experiential impacts on boating, environmental conditions, and proposed management strategies held by permanent residents, seasonal residents and seasonal visitors to the Delaware Inland Bays. The study found variation in opinions held by each group indicating the tourism manager should collect information from all groups before developing policy. Additionally, the manager should understand the varying impacts on boater satisfaction depending upon conditions

    Institutionalized Delinquent and Maladjusted Juveniles: A Psycholegal Systems Analysis

    Get PDF
    I. Introduction II. The Criminal Justice and Mental Health Systems ... A. Angles A1 and A2 ... B. A1→B1, or A2→B2 … C. Angles B1 and B2 ... D. The Shuffle: A1→C1→A1 or A2; or A2→C2→A2 or A1; or A1→B2 or C1→B2 ... E. The Merger ... F. Prospects for Change ... G. Summary III. The Juvenile Justice System ... A. Legal Rights at Intake in the Juvenile Justice System (Angle A3 ) ... B. Legal Rights during Juvenile Incarceration (A3 to B3) ... C. Controversy over the Goal of Juvenile Justice (Angle B3) ... D. Dumping (Angle C3) and Shuffling (A3→C3→A3 or A1 or A2; or A3→A1 or A2) in the Juvenile Justice System ... E. Merger with the Criminal Justice System ... F. Summary IV. Juveniles in the Mental Health System ... A. Commitment of Juveniles to Mental Health Facilities (Angle A4) ... B. Incipient Legalization at Angle A4 ... C. Prospects for Further Legalization at Angle A4 ... D. Prospects for Treatment Rights (A4→B4) ... E. The Future of the Juvenile Mental Health System ... F. Summary V. Conclusio

    Marginalia in the digital age: Are digital reading devices meeting the needs of today's readers?

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    For centuries, readers have added marginal commentary to books for a variety of personal and public purposes. Historians have mined the marginalia of important historical figures to observe their sometimes raw, immediate responses to texts. Now, reading and annotation practices are changing with the migration of content to electronic books. A survey of reader attitudes and behavior related to marginalia for print and electronic books reveals that the majority of readers write in their books and want e-readers to support this feature. However, many readers report that annotating electronic books is too difficult, time-consuming, or awkward with current technology. In addition, the way readers annotate books depends on whether they are reading for pleasure or for work or education. These findings can guide the development of future devices to better satisfy reader needs

    Miranda Rights and Wrongs: Matters of Justice

    Get PDF
    Judges are likely to respond with outright skepticism when the validity of a Miranda waiver is questioned because the defendant claimed to be merely “depressed” or “anxious” at the time of arrest. They may be reassured that extensive research on Miranda abilities has largely borne out this perspective. Symptoms of depression and anxiety, by themselves, do not increase the chances of impaired Miranda comprehension or reasoning. For instance, defendants with even moderate to severe depression have roughly the same odds of impaired functioning as those with negligible depression. Only at the extreme levels of depression does a pattern of deficits emerge for Miranda comprehension but not for Miranda reasoning.1 Likewise, a similar pattern is observed even for certain psychotic symptoms, such as delusions and paranoid distrust.2 On reflection, both legal and mental-health professionals alike can discern a plausible explanation for this occurring. Since most delusions and persecutory thoughts do not involve the police or the criminal-justice system, these symptoms are likely to have only a peripheral influence on Miranda-relevant abilities. Only when psychotic symptoms become truly pervasive (i.e., extremely severe) are they likely to impair Miranda comprehension and reasoning
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