| Valid waivers of Miranda rights are vulnerable to cognitive and psychological impairments, interpersonal characteristics, and demands of the situation. Courts rely on the "totality of the circumstances" approach to decision rules in determining the validity of Miranda waivers. This approach involves a discretionary determination based on the particular circumstances of each case. Traditionally, Miranda-related competencies have been considered only in the context of developmental factors and cognitive impairment. The current study applies a broader perspective to the question of Miranda-related competencies, addressing comprehension deficits, psychopathology, cognitive impairment, and three interpersonal variables: suggestibility, compliance, and acquiescence. Defendants referred for competency restoration at North Texas State Hospital in Vernon, Texas served as participants. These participants reflect a broad range of cognitive impairment, educational deficits, and mental disorders. Results indicate that cognitive deficits are related to the "knowing" prong of Miranda comprehension, i.e., understanding the vocabulary and meaning of the warnings, while both cognitive and psychopathology-related variables affect the "intelligent" prong, i.e., reasoning about their waiver decisions. Implications for forensic assessment are discussed. |
