Authors
Richard Rogers, Chelsea E Fiduccia, Eric Y Drogin, Jennifer A Steadham, John W Clark III, Robert J Cramer
Publication date
2013/11
Journal
Psychology, Public Policy, and Law
Volume
19
Issue
4
Pages
432
Publisher
American Psychological Association
Description
Miranda warnings are the Constitutional keystone in protecting the right of custodial suspects against self-incrimination. Although deeply embedded in police practices and popular dramas, a fair question is whether these warnings have outlived their usefulness. If the public is already conversant with the Miranda warnings, then such advisements may represent little more than a pro forma ritual that merits only a cursory recitation to satisfy a Supreme Court’s requirement. Using jury pools as a cross-section of the community, participants were (a) asked for their free recall of Miranda warnings and (b) assessed for their knowledge and misknowledge of Miranda rights and associated police practices. Successful recall varied for the first four components but dropped dramatically for the fifth Miranda component with failures exceeding 97% for ongoing legal rights. Using participants’ self-appraised knowledge of Miranda, it …
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