A critical review of published competency-to-confess measures

Law Hum Behav. 2004 Dec;28(6):707-18; discussion 719-24. doi: 10.1007/s10979-004-0794-z.

Abstract

The development of standardized assessments for competency-to-confess evaluations has remained largely neglected for the last several decades. Groundbreaking research was conducted on Miranda waivers during the late 1970s, but researchers have failed to sustain programmatic research. This critical review focuses on four published Miranda measures (Comprehension of Miranda Rights, Comprehension of Miranda Rights-Recognition, Comprehension of Miranda Vocabulary, and Function of Rights in Interrogation). When evaluated by contemporary standards, the validation of these measures is very limited. Major improvements are needed for interrater reliability, test-retest reliability, content validity, construct validity, and criterion-related validity.

Publication types

  • Legal Case
  • Review

MeSH terms

  • Civil Rights / legislation & jurisprudence
  • Communication
  • Criminal Law / methods
  • Forensic Psychiatry
  • Guilt*
  • Humans
  • Mental Competency / legislation & jurisprudence*
  • Reproducibility of Results
  • United States