This thesis examines judicial approaches to cell-plant interrogations in Canada and the United States. These are surreptitious interrogations whereby the police inject an undercover state agent into the detention environment with the object of eliciting inculpatory statements from an accused. / This thesis examines and compares the strengths and weaknesses of Canadian and United States judicial approaches to cell-plant interrogations, and their respective applications of section 7 of the Canadian Charter of Rights and Freedoms and the Sixth Amendment of the U.S. Bill of Rights. In both countries, an accused can seek to have their incriminating statements excluded from evidence where they persuade the court that such statements were elicited by a state agent. Despite the seemingly similar language of their legal tests, Canadian and U.S. jurists define state agency and elicitation in very different ways leading potentially to very dissimilar outcomes based on the same factual circumstances.

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Millions of custodial suspects waive their rights each year without the benefit of legal counsel. The question posed to psychologists in disputed Miranda waivers is whether this waiver decision was, knowing, intelligent, and voluntary. Mental health professionals must be aware of potential barriers to Miranda comprehension to provide expert opinions regarding a defendant's competency to waive rights. The current study examined how Miranda warning reading level, length, and method of administration affects Miranda comprehension. Recently arrested detainees at Grayson County Jail were administered oral and written Miranda warnings from the Miranda Statements Scale (MSS; Rogers, 2005) to measure their comprehension of the warnings. Surprisingly low levels of Miranda comprehension were found for most warnings. For all warnings at or above 8th grade, a substantial minority (27.1% - 39.6%) of defendants exhibited failed (i.e., < 50% understanding) Miranda comprehension. Regardless of other variables, oral administrations resulted in a substantially larger number of defendants with failed Miranda comprehension. Implications for public policy and clinical practice are discussed.

Each year, an estimated 318,000 defendants who do not comprehend the Miranda warnings waive their rights and provide incriminating evidence without the protection of counsel (Rogers, 2008), which make Miranda-related competencies one of the most pervasive pretrial issues. A wide range of issues could potentially affect an individual's capacity to provide a knowing and intelligent waiver. Previous Miranda research has focused narrowly on the effects of cognitive and developmental factors. The current study added to the Miranda literature by examining the impact of two highly prevalent conditions found in correctional populations, attention deficits and substance abuse. Adult defendants in custody (N = 118) were evaluated within 36 hours of arrest in order to assess both chronic psychological disorders and situational variables. Results indicate that attention deficits have a significant impact on defendants' ability to provide a knowing Miranda waiver, whereas substance use profoundly affected their reasoning about Miranda waiver decisions. This study represents the first systematic investigation of the effect of transient mental states on Miranda-related abilities with criminal defendants. Important implications for forensic practice are addressed.

Nearly 700,000 suspects with mental disorders are arrested and Mirandized each year. The current study systematically examined the effects of cognitive deficits and psychological symptoms on both Miranda comprehension and reasoning. The current sample was comprised of 85 adult psychiatric inpatients recruited from University Behavioral Health (UBH), a private psychiatric hospital in North Texas. Unexpectedly, most inpatients demonstrated pervasive deficits in their immediate recall of a representative Miranda warning, omitting approximately four-fifths of its content. In addition, the majority of inpatients evidenced damaging errors in their reasoning about waiver decisions. As a result, 64.7% waived and subsequently confessed after only a 3-5 minute interrogation. Interestingly, impaired verbal ability but not the severity of their symptoms predicted greater deficits in Miranda comprehension.