Encyclopedia of Psychology and Law

clearly understand a statement informing them that

they can consult with a lawyer prior to interrogation,

but without an appreciation of the role and function of

a lawyer this understanding is rendered meaningless.

Finally, the waiver must be made voluntarily, which

requires that a suspect waive his or her rights indepen-

dently, free from coercion from the police.

Research

Researchers have investigated the influence of numer-

ous factors on adult and juvenile Mirandarights com-

prehension, including age, IQ, ethnicity, prior police

contact and criminal justice experience, socioeco-

nomic status, psychopathology and symptoms, special

education classes, psychosocial maturity, and inter-

rogative suggestibility. Results from these studies

consistently indicate that rights comprehension is sig-

nificantly more impaired for younger adolescents than

for older adolescents and adults. Furthermore, com-

prehension is most impaired among younger adoles-

cents with lower IQ. Adults with mental retardation

have also been shown to demonstrate poor Miranda

rights comprehension, resulting in the most frequent

waiver challenges in court. Results from studies eval-

uating the influence of the other factors have been less

clear. It is important to bear in mind that although

research has been helpful in identifying areas in which

capacity may be impaired, these studies have impor-

tant limitations. They have typically been conducted

in laboratory settings and have used hypothetical sce-

narios and noncriminal samples, thereby limiting the

extent to which the true stressful nature of police

interrogations is captured. Under stressful circum-

stances, suspects’ understanding, appreciation, and

reasoning about interrogation rights may be poorer

than these findings suggest. Indeed, prior studies have

shown that many adolescents in stressful or fearful sit-

uations, such as a police interrogation, will not be able

to use their highest level of cognitive reasoning.

The choice whether to waive or exercise arrest

rights represents the first step in a series of difficult

decision points that individuals face when undergoing

a police investigation. In addition to investigating the

factors influencing arrest rights comprehension and

waiver, researchers have examined the relationship

between arrest rights comprehension and other possi-

ble outcomes arising from police interrogations. For

example, researchers have begun to examine poor arrest

rights comprehension as both a possible predictor of

the decision to waive arrest rights and submit to police

interrogation without assistance or advice as well as a

predictor of the likelihood of offering a false confes-

sion. One recent study found that Miranda compre-

hension correlated negatively with false confessions

in a juvenile sample, where juveniles were less likely

to offer a false confession in response to a series of

hypothetical vignettes as their Mirandacomprehen-

sion improved.

Developmental Considerations

Results from research have generally demonstrated

that younger adolescents with poor intellectual ability

fail to comprehend adequately their Mirandarights.

However, much of the variability in understanding can

still be attributed to individual differences between

people. A bright 12- or 13-year-old may demonstrate

excellent understanding of Mirandarights, while a

less intellectually capable adult may struggle to com-

prehend the content of typical Miranda warnings.

However, adolescents are different from adults in one

important way. They are at a stage of development in

which they are still undergoing important matura-

tional changes. Adolescence is marked by significant

physical maturation, budding sexuality, an increased

awareness of and sensitivity toward peers, and an

increased desire for independence and identity devel-

opment, to name only a few. One compelling explana-

tion for the differences in understanding between

adolescents and adults is that the cognitive capacities

of adolescents are simply underdeveloped. Empirical

evidence demonstrates that cognitive development

continues throughout adolescence, and that it is only

by age 17 that adolescents’ raw cognitive abilities

become more comparable with those of adults.

In addition to developmental differences in cogni-

tive factors, research shows that adolescents differ in

other important ways relevant to legal competencies.

Particularly, adolescents differ in their level of psy-

chosocial maturity and in the way they reason and

make decisions. Younger adolescents with intellectual

abilities comparable with those of adults have less life

experience to draw on, which may influence their

reasoning and decision-making processes. Younger

children and adolescents are generally less likely to

think strategically about their decisions; they are less

future oriented, are less likely to weigh the conse-

quences of their decisions, and often act impulsively.

Thus, even if a young person adequately understands

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