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Richard Rogers - One of the best experts on this subject based on the ideXlab platform.
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systematic assessment of Miranda comprehension
2019Co-Authors: Richard Rogers, Eric Y DroginAbstract:This chapter emphasizes ecological validity so that Miranda evaluations give full consideration to real-world circumstances within the boundaries of professional ethics. For Miranda comprehension, recall and understanding can often be tested via recordings by law enforcement and the advisement, pre-waiver interactions, and the subsequent waiver. Miranda abilities are best understood within a hierarchical model. An integrated understanding for Miranda rights depends on accurate recall; likewise, use of accurate recall relies on correct definitions of Miranda-relevant vocabulary. Sophisticated Miranda evaluations often include specialized Miranda measures that provide both nomothetic data as well as case-specific findings. In addition, open-ended (i.e., non-standardized) interviews and observations are essential in capturing the totality of circumstances as required by Miranda evaluations. Thus, this chapter provides a step-by-step approach for assessing Miranda comprehension and evaluating any efforts at feigned Miranda impairment.
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decisional process for Miranda waivers and self incriminations
2019Co-Authors: Richard Rogers, Eric Y DroginAbstract:As a Constitutional safeguard, the validity of Miranda decisions is only considered when detainees have waived their Miranda rights. Pragmatically speaking, such waivers are almost never examined unless they are coupled with damaging self-incriminations. A careful analysis of waiver decisions integrates Miranda comprehension and reasoning within a hierarchical model. Determinants of decisions involve systematic examinations of how arrestees weighed the pros and cons of both exercising and waiving Miranda rights. From a nomothetic perspective, the Miranda Reasoning Measure (MRM) is evaluated closely for aggregate scores in the Exercise and Waive domains. From a case-specific perspective, the MRM—as well as open-ended inquiries—provide detailed information via item-level analysis. This analysis is enhanced by the Blackwood’s “salience-probability” approach. In addition, Miranda waiver decisions may strongly be influenced by response styles, such as acquiescence and compliance, both of which are addressed in detail.
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communication of Miranda findings
2019Co-Authors: Richard Rogers, Eric Y DroginAbstract:This chapter provides detailed outlines for the effective communication of clinical and forensic findings as they relate to Miranda issues. Readers will learn to write thorough, well-balanced reports that can guide criminal attorneys step-by-step through sometimes intricate findings. As discussed in Chap. 2, legal strategies may extend far beyond suppression issues per se and factor relevantly into other aspects of the case. Thus, cases may often be encountered with mixed findings concerning Miranda comprehension and reasoning, but such findings may still relevant to retaining counsel. Beyond communication to courts and attorneys, Miranda reports are intended to serve as a practical template to be used in preparing for expert testimony in a suppression hearing. The care and thoroughness of the Miranda report will signal to counsel on both sides the value and substance of the forensic practitioner’s conclusions. Based on such attributes, the suppression hearing may sometimes be averted via by a mutually advantageous plea bargain. Regarding testimony, this chapter provides constructive guidelines for building the direct examination in order to present persuasive and coherent themes to the trial court. For cross-examination, the chapter anticipates challenges and vulnerabilities that may be encountered during the suppression hearing.
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beyond individual Miranda cases other professional roles
2019Co-Authors: Richard Rogers, Eric Y DroginAbstract:This book’s overriding objective is to convey how to conduct Miranda evaluations and consultations. Nonetheless, Miranda-experienced forensic psychologists and psychiatrists carry additional professional responsibilities for the further education and training of practitioners who seek to broaden their forensic competencies, and, this book is also dedicated to that goal. Beyond specialized training, the dissemination of Miranda-relevant knowledge extends to stakeholders in the criminal justice system, directly involving law enforcement, officers of the court, and all organizations dedicated to upholding Constitutional rights. Whether the role in question is that of a forensic practitioner or researcher, we submit that advocacy for fairness and transparency is both a desired aspiration as well as a professional obligation. Such initiatives may be undertaken at local, state, and national levels. Their objectives may range from policy change at the agency level to legislative action at the state or national level. For such objectives to be fully realized, they must consider fair procedural safeguards for arrestees as well as respect for the professional roles of those charged with protecting our society. Finally, the establishment of Miranda research agenda is a forward-looking process of examining priorities for the next generation of Miranda knowledge and problem-solving.
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the structure and goals of Miranda evaluations
2019Co-Authors: Richard Rogers, Eric Y DroginAbstract:This chapter adopts a “nuts-and-bolts,” highly practical approach to Miranda evaluations. Providing forensic services with an easily understood structure is vitally important, because even seasoned criminal attorneys may scarcely have considered Miranda issues, despite decades of practice. In light of widespread “professional neglect” by lawyers, psychologists and other mental health professionals are often placed in an informal educative role to legal professionals in the criminal justice system. When crafting referral questions, defense attorneys frequently need to overcome their own fundamental misconceptions, such as “everyone knows their Miranda rights.” Beyond referrals, the chapter outlines both core and applied issues, from accepting a Miranda case to conducting an assessment. Goals of Miranda consultations may go far beyond suppressing self-incriminating statements, potentially with a key role to play in plea bargaining as well as at trial.
Jens Januschke - One of the best experts on this subject based on the ideXlab platform.
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apkc mediated displacement and actomyosin mediated retention polarize Miranda in drosophila neuroblasts
eLife, 2018Co-Authors: Matthew Hannaford, Anne Ramat, Nicolas Loyer, Jens JanuschkeAbstract:Cell fate assignment in the nervous system of vertebrates and invertebrates often hinges on the unequal distribution of molecules during progenitor cell division. We address asymmetric fate determinant localization in the developing Drosophila nervous system, specifically the control of the polarized distribution of the cell fate adapter protein Miranda. We reveal a step-wise polarization of Miranda in larval neuroblasts and find that Miranda's dynamics and cortical association are differently regulated between interphase and mitosis. In interphase, Miranda binds to the plasma membrane. Then, before nuclear envelope breakdown, Miranda is phosphorylated by aPKC and displaced into the cytoplasm. This clearance is necessary for the subsequent establishment of asymmetric Miranda localization. After nuclear envelope breakdown, actomyosin activity is required to maintain Miranda asymmetry. Therefore, phosphorylation by aPKC and differential binding to the actomyosin network are required at distinct phases of the cell cycle to polarize fate determinant localization in neuroblasts.
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apkc mediated displacement and actomyosin mediated retention polarize Miranda in drosophila neuroblasts
bioRxiv, 2017Co-Authors: Matthew Hannaford, Anne Ramat, Nicolas Loyer, Jens JanuschkeAbstract:Cell fate generation can rely on the unequal distribution of molecules during progenitor cell division in the nervous system of vertebrates and invertebrates. Here we address asymmetric fate determinant localization in the developing Drosophila nervous system, focussing on the control of asymmetric Miranda distribution in larval neuroblasts. We used live imaging of neuroblast polarity reporters at endogenous levels of expression to address Miranda localization during the cell cycle. We reveal that the regulation and dynamics of cortical association of Miranda in interphase and mitosis are different. In interphase Miranda binds directly to the plasma membrane. At the onset of mitosis, Miranda is phosphorylated by aPKC and displaced from the PM. After nuclear envelope breakdown asymmetric localization of Miranda requires actomyosin activity. Therefore, Miranda phosphorylation by aPKC and differential binding to the actomyosin network are required at distinct phases of the cell cycle to polarize fate determinant localization.
Hayley L Blackwood - One of the best experts on this subject based on the ideXlab platform.
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juvenile Miranda warnings perfunctory rituals or procedural safeguards
Criminal Justice and Behavior, 2012Co-Authors: Richard Rogers, Eric Y Drogin, Hayley L Blackwood, Jennifer A Steadham, Chelsea E Fiduccia, Jill E RogstadAbstract:The American Bar Association, via its newly adopted policy, seeks fundamental changes in procedural justice with respect to juvenile Miranda warnings. It calls for understandable Miranda warnings to educate youth in custody regarding the relevant Constitutional protections. In surveying prosecutors and public defenders, the authors collected 293 juvenile Miranda warnings that are intended specifically for youthful offenders. Length and reading levels were analyzed and compared to an earlier survey. Nearly two thirds (64.9%) of these warnings were very long (> 175 words), which hinders Miranda comprehension. In addition, most juvenile warnings (91.6%) require reading comprehension higher than a 6th-grade level; 5.2% exceed a 12th-grade reading level. Combining across two surveys, more than half of juvenile Miranda warnings are highly problematic because of excessive lengths or difficult reading comprehension. However, simple and easily read Miranda components were identified that could be used to improve j...
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everyone knows their Miranda rights implicit assumptions and countervailing evidence
Psychology Public Policy and Law, 2010Co-Authors: Richard Rogers, Eric Y Drogin, Hayley L Blackwood, Jill E Rogstad, Nathan D Gillard, Daniel W ShumanAbstract:More than four decades have passed since the Miranda decision (Miranda v. Arizona, 1966) enshrined the Constitutional protections afforded to custodial suspects against self incrimination. As a prophylactic safeguard, the rights to silence and counsel must be communicated via Miranda warnings or “other fully effective means” (Miranda, p. 478) or else the arrestee’s statement may be
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development and initial validation of the Miranda vocabulary scale
Law and Human Behavior, 2009Co-Authors: Richard Rogers, Lisa L Hazelwood, Kenneth W Sewell, Hayley L Blackwood, Jill E Rogstad, Kimberly S HarrisonAbstract:Miranda vocabulary forms the essential foundation for Miranda comprehension and subsequent decisions to exercise or waive Miranda rights. The purpose of the current study is the development of the Miranda Vocabulary Scale (MVS), designed to evaluate key vocabulary words found in Miranda warnings and waivers across American jurisdictions. A preliminary list of MVS words was refined by expert ratings and by each word’s discriminability between failed and good Miranda comprehension. Miranda and other measures were collected at multiple sites on 376 pretrial defendants. With further refinements, the MVS is composed of 36 words with excellent scale homogeneity and interrater reliability (r = .99). It also demonstrated good convergent and discriminant validity for cognitive abilities and psychological impairment.
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spanish translations of Miranda warnings and the totality of the circumstances
Law and Human Behavior, 2009Co-Authors: Richard Rogers, Lisa L Hazelwood, Amor A Correa, Daniel W Shuman, Raquel C Hoersting, Hayley L BlackwoodAbstract:Spanish-translated Miranda warnings are administered annually to thousands of Hispanic custodial suspects. In examining 121 Spanish translations and their English counterparts from 33 states, the lengths of Miranda warnings were generally comparable but marked differences were observed in the reading levels for individual Miranda components. The adequacy of Miranda translations varies markedly from minor variations to substantive errors. The most serious problems involved the entire omission of Miranda components; several omissions were observed in the Spanish translations for even the basic rights to silence and counsel. More commonly, Miranda discrepancies involved dissimilar content with a substantial trend toward more information in English than Spanish versions. Findings related to the Miranda translations, different word lengths, and varied reading levels are discussed using the totality of circumstances as its framework.
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the comprehensibility and content of juvenile Miranda warnings
Psychology Public Policy and Law, 2008Co-Authors: Richard Rogers, Lisa L Hazelwood, Kenneth W Sewell, Daniel W Shuman, Hayley L BlackwoodAbstract:Annually, more than 1.5 million juvenile offenders are arrested and routinely Mirandized with little consideration regarding the comprehensibility of these warnings. The current investigation examined 122 juvenile Miranda warnings from across the United States regarding their length, reading level, and content. Even more variable than general Miranda warnings, juvenile warnings ranged remarkably from 52 to 526 words; inclusion of Miranda waivers and other material substantially increased these numbers (64 –1,020 words). Flesch-Kincaid reading estimates varied dramatically from Grade 2.2 to postcollege. Differences in content included such critical issues as (a) right to parent/guardian input, (b) specification of free legal services for indigent defendants, and (c) statements of right to counsel in conditional terms. Recommendations for simplified juvenile Miranda warnings are presented.
Matthew Hannaford - One of the best experts on this subject based on the ideXlab platform.
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apkc mediated displacement and actomyosin mediated retention polarize Miranda in drosophila neuroblasts
eLife, 2018Co-Authors: Matthew Hannaford, Anne Ramat, Nicolas Loyer, Jens JanuschkeAbstract:Cell fate assignment in the nervous system of vertebrates and invertebrates often hinges on the unequal distribution of molecules during progenitor cell division. We address asymmetric fate determinant localization in the developing Drosophila nervous system, specifically the control of the polarized distribution of the cell fate adapter protein Miranda. We reveal a step-wise polarization of Miranda in larval neuroblasts and find that Miranda's dynamics and cortical association are differently regulated between interphase and mitosis. In interphase, Miranda binds to the plasma membrane. Then, before nuclear envelope breakdown, Miranda is phosphorylated by aPKC and displaced into the cytoplasm. This clearance is necessary for the subsequent establishment of asymmetric Miranda localization. After nuclear envelope breakdown, actomyosin activity is required to maintain Miranda asymmetry. Therefore, phosphorylation by aPKC and differential binding to the actomyosin network are required at distinct phases of the cell cycle to polarize fate determinant localization in neuroblasts.
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apkc mediated displacement and actomyosin mediated retention polarize Miranda in drosophila neuroblasts
bioRxiv, 2017Co-Authors: Matthew Hannaford, Anne Ramat, Nicolas Loyer, Jens JanuschkeAbstract:Cell fate generation can rely on the unequal distribution of molecules during progenitor cell division in the nervous system of vertebrates and invertebrates. Here we address asymmetric fate determinant localization in the developing Drosophila nervous system, focussing on the control of asymmetric Miranda distribution in larval neuroblasts. We used live imaging of neuroblast polarity reporters at endogenous levels of expression to address Miranda localization during the cell cycle. We reveal that the regulation and dynamics of cortical association of Miranda in interphase and mitosis are different. In interphase Miranda binds directly to the plasma membrane. At the onset of mitosis, Miranda is phosphorylated by aPKC and displaced from the PM. After nuclear envelope breakdown asymmetric localization of Miranda requires actomyosin activity. Therefore, Miranda phosphorylation by aPKC and differential binding to the actomyosin network are required at distinct phases of the cell cycle to polarize fate determinant localization.
Lisa L Hazelwood - One of the best experts on this subject based on the ideXlab platform.
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development and initial validation of the Miranda vocabulary scale
Law and Human Behavior, 2009Co-Authors: Richard Rogers, Lisa L Hazelwood, Kenneth W Sewell, Hayley L Blackwood, Jill E Rogstad, Kimberly S HarrisonAbstract:Miranda vocabulary forms the essential foundation for Miranda comprehension and subsequent decisions to exercise or waive Miranda rights. The purpose of the current study is the development of the Miranda Vocabulary Scale (MVS), designed to evaluate key vocabulary words found in Miranda warnings and waivers across American jurisdictions. A preliminary list of MVS words was refined by expert ratings and by each word’s discriminability between failed and good Miranda comprehension. Miranda and other measures were collected at multiple sites on 376 pretrial defendants. With further refinements, the MVS is composed of 36 words with excellent scale homogeneity and interrater reliability (r = .99). It also demonstrated good convergent and discriminant validity for cognitive abilities and psychological impairment.
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spanish translations of Miranda warnings and the totality of the circumstances
Law and Human Behavior, 2009Co-Authors: Richard Rogers, Lisa L Hazelwood, Amor A Correa, Daniel W Shuman, Raquel C Hoersting, Hayley L BlackwoodAbstract:Spanish-translated Miranda warnings are administered annually to thousands of Hispanic custodial suspects. In examining 121 Spanish translations and their English counterparts from 33 states, the lengths of Miranda warnings were generally comparable but marked differences were observed in the reading levels for individual Miranda components. The adequacy of Miranda translations varies markedly from minor variations to substantive errors. The most serious problems involved the entire omission of Miranda components; several omissions were observed in the Spanish translations for even the basic rights to silence and counsel. More commonly, Miranda discrepancies involved dissimilar content with a substantial trend toward more information in English than Spanish versions. Findings related to the Miranda translations, different word lengths, and varied reading levels are discussed using the totality of circumstances as its framework.
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The Language of Miranda Warnings in American Jurisdictions: A Replication and Vocabulary Analysis
Law and Human Behavior, 2008Co-Authors: Richard Rogers, Lisa L Hazelwood, Kenneth W Sewell, Kimberly S Harrison, Daniel W ShumanAbstract:Miranda warnings are remarkably heterogeneous in their language, length, and content. Past research has focused mostly on individual Miranda warnings. Lacking in generalizability, these studies have limited applicability to both public policy and professional practice. A large-scale survey by R. Rogers et al. [ 2007b , Law and Human Behavior, 31, 177–192] examined Miranda warnings from across the United States and documented striking differences in the length, content, and reading comprehension. In moving from single jurisdiction studies to nationally representative research, the replication of the Rogers et al. survey is essential. With an additional 385 general Miranda warnings, most of the original findings were confirmed; this replication allows Miranda researchers to use findings based upon nationally-representative warnings for their subsequent research. Beyond reading comprehension, the study makes an original contribution to the understanding of Miranda vocabulary that is often infused with abstruse words and legalistic terms. It provides the first analysis of sentence complexity, which affects both Miranda comprehension and retention. As a result of these analyses, preliminary guidelines are provided for increasing the comprehension and understanding of Miranda warnings.
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the comprehensibility and content of juvenile Miranda warnings
Psychology Public Policy and Law, 2008Co-Authors: Richard Rogers, Lisa L Hazelwood, Kenneth W Sewell, Daniel W Shuman, Hayley L BlackwoodAbstract:Annually, more than 1.5 million juvenile offenders are arrested and routinely Mirandized with little consideration regarding the comprehensibility of these warnings. The current investigation examined 122 juvenile Miranda warnings from across the United States regarding their length, reading level, and content. Even more variable than general Miranda warnings, juvenile warnings ranged remarkably from 52 to 526 words; inclusion of Miranda waivers and other material substantially increased these numbers (64 –1,020 words). Flesch-Kincaid reading estimates varied dramatically from Grade 2.2 to postcollege. Differences in content included such critical issues as (a) right to parent/guardian input, (b) specification of free legal services for indigent defendants, and (c) statements of right to counsel in conditional terms. Recommendations for simplified juvenile Miranda warnings are presented.
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An Analysis of Miranda Warnings and Waivers: Comprehension and Coverage
Law and Human Behavior, 2007Co-Authors: Richard Rogers, Kenneth W Sewell, Kimberly S Harrison, Daniel W Shuman, Lisa L HazelwoodAbstract:Miranda warnings enshrine the constitutional rights of custodial suspects against self-incrimination. However, the wording and sentence complexity of Miranda warnings and waivers vary dramatically from jurisdiction to jurisdiction. This study is the first extensive investigation of Miranda warning variations examining 560 Miranda warnings from across the United States. With Flesch-Kincaid reading comprehension as a useful metric, Miranda warnings varied from very simple comprehension (i.e., grade 2.8) to requiring postgraduate education. Miranda warnings are composed of five components (e.g., silence and evidence against you); marked variations were also observed in the comprehensibility of individual components. On average, the Miranda warning component on “continuing rights” requires a reading comprehension level six grades higher than the comparatively simple expression of the right to silence. Similar analyses were conducted on Miranda waivers. The content of these warnings differed on such issues as communicating (a) when access to an attorney would be granted (e.g., 45.9% specified only “during questioning”) and (b) explicitly that indigent legal services were free (e.g., 31.8% directly informed suspects). Finally, the study identified representative Miranda components at different levels of reading comprehension as a template for further research.
