Concerns about mentally retarded individuals in the justice system have been addressed in research and in recent appellate rulings. Research studies have reported cognitive deficits in decision-making, planning, and rational understanding, as well as, social impairments, limitations in language abilities, and susceptibility to acquiescence and suggestibility. For suspects functioning in the intellectual and adaptive category of mental retardation, a voluntary, knowing, and intelligent waiver of Miranda rights becomes uncertain. The validity of confessions during police interrogations by mentally retarded persons should routinely be questioned. False confessions elicited by leading questions and interrogative pressure can have adverse consequences. No specific legal or clinical guidelines presently exist regarding the assessment of competence to waive Miranda rights in retarded citizens. The present paper explores psychological issues and proposes three domains and five forensic-clinical recommendations in the evaluation of competence to waive Miranda rights in mentally retarded individuals.
Feigned Miranda Impairment by Legally Involved Juveniles: The Vulnerability of Forensic Measures and the Development of Effective Screens
