Miranda Rights Waiver / Competency to Waive Miranda Rights / Juveniles and Adults

Under the law, an individual cannot waive his/ her Miranda rights unless the individual is able to knowingly, intelligently, and voluntarily do so. "Knowingly" refers to an individual's ability to understand the language in which the Miranda rights were read or written (ability to read). "Intelligently" refers to the individual's ability to comprehend the meaning of the warning. "Voluntarily" means that the individual waived his/ her rights without being coerced by the police to do so. In cases, for example, where the individual may be mentally retarded or is a juvenile who may not be developmentally or cognitively mature enough to meet the aforementioned criteria, the court or the defense may request a psychological evaluation regarding the defendant's competency to waive his/ her Miranda rights. Evaluation of an individual's competency to waive his/ her Miranda rights may include, but is not limited to the following:

  • Review of relevant records and history (e.g., academic records, criminal records)
  • Review of written, video, or audio records regarding the defendant's waiver of his/ her Miranda rights
  • Background information/ relevant history: social history, psychiatric/ psychological history, medical history, academic/ achievement history, substance abuse history, criminal offending history
  • Clinical interview(s) of defendant
  • Defendant's recollection of Miranda rights waiver
  • Collateral interview(s) (e.g., parent, employer)
  • Psychological testing (e.g., intellectual and achievement assessment, measures specifically designed to assess an individual's comprehension of his/ her Miranda rights)
  • Assessment of malingering*
  • Diagnostic impressions
  • Summary of findings / opinions

* In cases of personal injury, malingering is routinely investigated by the evaluator and additional objective testing may be conducted at the discretion of the evaluator to confirm/ disconfirm a diagnosis of malingering