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Miranda Rights: Selected Linguistic Correlates of “Knowingly” and “Intelligently”

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Abstract:

Linguistics provides tools for exploring an individual’s understanding and intentions, inthis case in the communication context of a police interview/ interrogation. Law enforcement officers (LEOs) are responsible for assuring that the Mirandawarnings and the subsequent waiver are delivered in a valid manner. This is areport on linguistic analyses of a videotaped interview in Spanish. The focus was on two functions in thedelivery of Miranda: Comprehension Checks and Assists used by the LEO. The results became one set oflinguistic evidence, which when combined with other evidence, were used to address the legal question: “How likely is it that the Defendant understood his Miranda rights and that he “knowingly” and “intelligently” waived them?”

The general linguistic question was: “Are a Defendant’s signatures/ initials on parts of the Miranda statements and his statements of ‘yes’ and head nods in response to ‘Do you understand?' sufficient?

Operationalizing “knowingly”and “intelligently,” specific questions were asked regarding 1) checks oncomprehension and clarification of apparent points of confusion, and 2) related communications by the defendant. Findings were also considered in terms of reading theory, the Defendant’s tested reading and mental abilities (by another expert) and certain social/ cultural factors.

The findings in this case study show how the linguistic tool of conversation analysis canbe used to examine the concepts of "knowingly" and "intelligibly" Miranda. It is not enough for a law enforcement officer to simply deliver a police caution and assume comprehension when detainee nods or says yes. This reinforces the need for the best practice of making the additional effort to have the detainee express the Miranda statements in his/her own words.
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Association:
Name: The Law and Society Association
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http://www.lawandsociety.org


Citation:
URL: http://citation.allacademic.com/meta/p558829_index.html
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MLA Citation:

van Naerssen, Margaret. "Miranda Rights: Selected Linguistic Correlates of “Knowingly” and “Intelligently”" Paper presented at the annual meeting of the The Law and Society Association, Hilton Hawaiian Village Resort, Honolulu, HI, Jun 03, 2012 <Not Available>. 2014-12-12 <http://citation.allacademic.com/meta/p558829_index.html>

APA Citation:

van Naerssen, M. , 2012-06-03 "Miranda Rights: Selected Linguistic Correlates of “Knowingly” and “Intelligently”" Paper presented at the annual meeting of the The Law and Society Association, Hilton Hawaiian Village Resort, Honolulu, HI <Not Available>. 2014-12-12 from http://citation.allacademic.com/meta/p558829_index.html

Publication Type: Conference Paper/Unpublished Manuscript
Review Method: Peer Reviewed
Abstract: Linguistics provides tools for exploring an individual’s understanding and intentions, inthis case in the communication context of a police interview/ interrogation. Law enforcement officers (LEOs) are responsible for assuring that the Mirandawarnings and the subsequent waiver are delivered in a valid manner. This is areport on linguistic analyses of a videotaped interview in Spanish. The focus was on two functions in thedelivery of Miranda: Comprehension Checks and Assists used by the LEO. The results became one set oflinguistic evidence, which when combined with other evidence, were used to address the legal question: “How likely is it that the Defendant understood his Miranda rights and that he “knowingly” and “intelligently” waived them?”

The general linguistic question was: “Are a Defendant’s signatures/ initials on parts of the Miranda statements and his statements of ‘yes’ and head nods in response to ‘Do you understand?' sufficient?

Operationalizing “knowingly”and “intelligently,” specific questions were asked regarding 1) checks oncomprehension and clarification of apparent points of confusion, and 2) related communications by the defendant. Findings were also considered in terms of reading theory, the Defendant’s tested reading and mental abilities (by another expert) and certain social/ cultural factors.

The findings in this case study show how the linguistic tool of conversation analysis canbe used to examine the concepts of "knowingly" and "intelligibly" Miranda. It is not enough for a law enforcement officer to simply deliver a police caution and assume comprehension when detainee nods or says yes. This reinforces the need for the best practice of making the additional effort to have the detainee express the Miranda statements in his/her own words.


Similar Titles:
Knowing and Voluntary: Implications of Taser Exposure on a Suspect’s Ability to Intelligently Waive their “Miranda” Rights

Judges’ Treatment of the Knowing and Intelligent Requirements for Miranda Waivers

Examining Linguistic Functions of “Knowingly” and “Intelligently” in Police Cautions

Valid Miranda waivers: The distinction between knowing and intelligent


 
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