Knowing and Intelligent: A Study of Miranda Warnings in Mentally Disordered Defendants

A conservative estimate is that 695,000 mentally disordered offenders are arrested and Mirandized annually in the United States. Past research has focused almost exclusively on cognitive factors affecting the comprehension of Miranda rights. The current study broadens the scope by including diagnostic variables and by extending the investigation to basic elements of Miranda reasoning. A sample of 107 mentally disordered defendants was administered two research measures, the Miranda Statements Scale (MSS) and Miranda Rights Scale (MRS), in addition to standardized tests. Most defendants lacked good comprehension of all but the simplest (Flesch-Kincaid<6th grade) Miranda warnings. Defendants with the poorest understanding (i.e., comprehending about 25% of the warnings) had marked deficits in multiple domains including cognitive abilities (intelligence and comprehension) and general adjustment. Different background and clinical variables predicted defendants' abilities to generate reasons either to exercise or waive their Miranda rights.     

Crime Scene and Distance Correlates of Serial Rape

This study, derived from a sample of 108 serial rapists (rapes=565), examines the relationship between demographic, crime scene, and criminal history variables and the distance traveled by serial rapists in order to offend. The pattern of offenses perpetrated by each of the 108 serial offenders as it relates to his place of residence is also analyzed in terms of known characteristics of the offender and his offenses. The theoretical focus of the study integrates premises derived from criminal investigative analysis, environmental criminology, ethnographic geography, journey to crime research, and criminal geographic targeting to explore the cognitive symmetry between the how and the where of serial sexual offenses. These components or dimensions of serial crime are explored in an attempt to aid law enforcement in their investigation of hard-to-solve serial crimes.     

Juvenile-Perpetrated Sex Crimes: Patterns of Offending and Predictors of Violence

Criminal record reviews were conducted on 126 juveniles arrested for sex offenses against children (n = 62) or peers and adults (n = 64). Peer/adult offenders were found more consistently to offend against females who were strangers or acquaintances, more frequently to commit their crimes in a public area, and more often to act in a group with other offenders. Peer/adult offenders were also more likely to commit the sex crime in association with other criminal activity, and they evidenced higher overall levels of aggression and violence. In general, the aggression of child molesters tended to intimidation rather than physical force, whereas the aggression of peer/adult offenders was more injurious, and perhaps gratuitous. Violence in peer/adult offenders, but not of child molesters, was predicted by the interactive influence of the victim's gender, age, and level of resistance.     

Crime scene analysis and the escalation of violence in serial rape.

The current study examines the crime scene behavior manifest by 108 serial rapists responsible for the perpetration of 565 rapes across various cities within the US. The goal of the current study is to identify which aspects of crime scene behavior reported to law enforcement by the victim are most useful in predicting, early in a series of offenses, which rapists are most likely to escalate into higher and, at times, life threatening levels of violence. Using 58 scales that quantify the verbal, physical, and sexual behavior manifest by a rapist in his interaction with his victim during his first reported rape and 36 modal variables that summarized approach, timing, demographics, and weapon usage across the series of rapes, the study attempts to differentiate between those rapists who escalate in their use of blunt force (Increasers) from those who do not (Non-Increasers). A logistic regression indicates that rapists who are white rather than of minority status and who, at the time of their first reported rape, rape their victims for longer periods of time and use more profanity are more likely to escalate in their level of blunt force than those rapists who do not exhibit these behaviors. The relevance of this type of predictive framework for law enforcement in its attempts to prioritize particular investigations is discussed.     

The Language of Miranda Warnings in American Jurisdictions: A Replication and Vocabulary Analysis

Miranda warnings are remarkably heterogeneous in their language, length, and content. Past research has focused mostly on individual Miranda warnings. Lacking in generalizability, these studies have limited applicability to both public policy and professional practice. A large-scale survey by R. Rogers et al. [2007b, Law and Human Behavior, 31, 177-192] examined Miranda warnings from across the United States and documented striking differences in the length, content, and reading comprehension. In moving from single jurisdiction studies to nationally representative research, the replication of the Rogers et al. survey is essential. With an additional 385 general Miranda warnings, most of the original findings were confirmed; this replication allows Miranda researchers to use findings based upon nationally-representative warnings for their subsequent research. Beyond reading comprehension, the study makes an original contribution to the understanding of Miranda vocabulary that is often infused with abstruse words and legalistic terms. It provides the first analysis of sentence complexity, which affects both Miranda comprehension and retention. As a result of these analyses, preliminary guidelines are provided for increasing the comprehension and understanding of Miranda warnings.