Miranda Rights and Wrongs: Matters of Justice

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

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

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

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

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

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 INTERSECTION OF GOOD MUSIC AND PSYCHOLOGY

When a person listens to a new song, there are varying variables that garner a positive or negative response. This study measures a combination of these variables and how they relate to what is perceived by the sample to be classified as good music. 100 University of Arizona students from ages 18 to 24 took a Qualtrics survey anonymously with the central question asking about emotional, cognitive, and behavioral responses to novel music. Each participant input information on who they are and their background, as well as answer on a numbered scale to what degree they thought each quality listed is what makes up high quality music. 57% were male, 36% were female, and the other 5% are non-binary or preferred not to disclose that information. There were 23 Roman Catholics and 12 Jews, and 12 Atheists. We did not put Non Denom Christian so there were about 10 of those. 73 participants were white, 6 black, 6 asian, and 11 were other. The participants were from all over the country, as well as some outliers in London and the Netherlands. The expected result was that the most consistent answer and to the highest degree will be how the song made the participant feel and the overall catchiness of the song. The results show that 56% of the participants chose the main quality of good music to be how it makes you feel. In second place, it was not the catchiness but the musicality (instrumental) that had 15% of participants. There was a high level of variance between genres of songs when participants thought about the first good song that comes to mind. This research can provide findings on what society perceives to be good music and how to use that information to create better music

Miranda Rights and Wrongs: Matters of Justice

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