This book by eminent and experienced forensic psychologists is written for criminal attorneys and judges, but its content is important to forensic psychiatrists and psychologists and legal and forensic mental health trainees. It translates critical forensic psychological concepts and the legal ones that incorporate them into the worlds of law enforcement interrogation and fair and accurate adjudication. The style favors legal and judicial readers, but the principles are well worth reading by forensic clinicians.
Three questions form the practical theme of the book. What does the criminal lawyer need to know about Miranda to be effective? How can he or she best use forensic psychologists and psychiatrists? And what is the best way to present Miranda-related arguments and supporting evidence, either to challenge or to preserve (depending on the lawyer's role) a Mirandized statement? The authors do an excellent job of balancing defense and prosecution objectives while retaining unbiased views of the various questions and arguments.
While certainly scholarly, the book is also practical, with a very clear chapter structure and many appendices. The main text has clarifying tables and examples, and the extraordinary appendices offer useful case material, report examples, interrogation transcripts, and specialty information (such as measures for, and Miranda impact of, the defendant's reasoning, psychiatric symptoms, and intellectual impairment).
Chapter topics include an overview of the legal landscape (including common myths and misconceptions), components of Miranda warnings and waivers, waiver cases, and procedural issues, the psychology of Miranda comprehension and reasoning, integrating complex Miranda findings and data, and trials. The 20 excellent appendices range from practical how-to information, to the impact of mental and developmental symptoms, to detailed case reports and explanations. The book is very well referenced.
Footnotes
Disclosures of financial or other potential conflicts of interest: None.
- © 2015 American Academy of Psychiatry and the Law