Evaluating Capacity to Waive Miranda Rights
Forensic mental health assessment (FMHA) has grown into a specialization informed by research and professional guidelines. This series presents up-to-date information on the most important and frequently conducted forms of FMHA. The 19 topical volumes address best approaches to practice for particular types of evaluation in the criminal, civil, and juvenile/family areas. Each volume contains a thorough discussion of the relevant legal and psychological concepts, followed by a step-by-step description of the assessment process from preparing for the evaluation to writing the report and testifying in court. Volumes include the following helpful features: - Boxes that zero in on important information for use in evaluations - Tips for best practice and cautions against common pitfalls - Highlighting of relevant case law and statutes - Separate list of assessment tools for easy reference - Helpful glossary of key terms for the particular topic In making recommendations for best practice, authors consider empirical support, legal relevance, and consistency with ethical and professional standards. These volumes offer invaluable guidance for anyone involved in conducting or using forensic evaluations. This book considers those legal, ethical and assessment issues that arise when forensic mental health professionals are asked to evaluate an individual's capacity to waive his or her Miranda rights, and the subsequent validity of the confession.
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ADHD administered admissibility adolescents adult American Psychological Association Appreciation of Miranda arrest associated attorney BEST PRACTICE capacities to waive chapter 1 chapter circumstances factors client cognitive conduct confession consider crime decision DeClue defendant’s ability defendant’s capacities deficits ethical evidence Fifth Amendment forensic assessment forensic mental health Forensic Psychology Frye standard Goldstein Grisso Gudjonsson Heilbrun informed consent instruments interviews issue judge juvenile offenders lawyer mental health assessment mental health evaluator mental health expert mental illness mental retardation Miranda comprehension Miranda rights waivers Miranda understanding Miranda waiver Miranda warnings Oberlander obtained opinion parents police interrogation prior records referral relationship relevant right to silence scores silence and counsel specific standard statement suspects testimony tests third-party tion totality of circumstances U.S. Supreme Court understanding and appreciation valid Miranda valid waiver voluntariness waive the right waived Miranda rights waiver of rights waiving rights youth