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  • About
  • The Global ETD Search service is a free service for researchers to find electronic theses and dissertations. This service is provided by the Networked Digital Library of Theses and Dissertations.
    Our metadata is collected from universities around the world. If you manage a university/consortium/country archive and want to be added, details can be found on the NDLTD website.
1

Totality of the circumstances: Factors affecting competence to waive Miranda rights.

Harrison, Kimberly S. 12 1900 (has links)
Within the discipline of sociology human olfaction is rich with social significance yet remains a poorly charted frontier. Therefore, the following discourse is aimed toward the development of a foundation for the sociological study of olfaction. It is formed by the dual goals of unearthing the social history of olfaction and of providing a viable sociological account of the manner in which smells affect human ontology. From these goals arise the following research questions: (1) Have the meaning and social relevance of odors and the olfactory sensorium changed throughout different periods of history?; (2) How have those in the lineage of eminent sociological thinkers addressed the phenomenon of human olfaction during these periods?; and (3) What is the process by which aromatic stimuli are transformed from simple chemical compounds, drifting in the atmosphere, into sensations in a sensory field and then on to perceived objects, to subjects of judgment and interpretation, and finally to bases of knowledge which form and continually reform individuals in the world? The weaving of the sociohistorical tapestry of smell is undertaken to provide examples from thousands of years lived experiences as to the fluid and sociologically complex nature of individuals' olfactory senses. This historical information is presented in a narrative format and is synthesized from data gleaned from books, advertisements, articles in popular non-scientific magazines, as well as from the findings of studies published in medical/neurological, psychological, anthropological, and sociological scholarly journals. Regarding theoretical aim of this discourse, insights are drawn from Maurice Merleau-Ponty's phenomenological theory of human perception for the generation of a framework for the sociological study of olfaction. Merleau-Ponty's theoretical notions are modified, modernized, and refitted to more specifically fit the subject of human olfaction and to include all that has been discovered about the biological specifics of olfactory perception since the time of his writing. Taken in sum, this effort is an access point to the understanding of how olfactory sensory perceptions flow toward the ontological unfolding of individuals.
2

Effects of Immaturity on Juveniles’ Miranda Comprehension and Reasoning

Sharf, Allyson J. 08 1900 (has links)
Over the last several decades, researchers have documented how impaired reasoning by adult offenders impeded the intelligent waiver of Miranda rights. Logically, it stands to reason that juveniles – who are developmentally less mature and have less life experience than their adult counterparts – would possess even greater impairment, thereby heightening their risk for invalid Miranda waivers. Juvenile Miranda research supports this notion; with some researchers finding that psychosocial maturity, among other factors, affect a juvenile’s understanding of their rights. Yet, relatively few studies have examined its relation to Miranda reasoning and decision-making. Thus, the current study investigated the specific role of maturity in juveniles’ Miranda comprehension and reasoning. Participants included 236 legally-involved juveniles recruited from either a juvenile detention center or a juvenile justice alternative education program. The effects of psychosocial maturity were examined on a variety of Miranda-related measures and assessed a broad range of Miranda abilities. It was found that, in general, immature juveniles performed more poorly on all Miranda measures as compared to their mature counterparts. However, the impact of maturity varied considerably depending on the ability. Specifically, maturity was most important in the context of Miranda reasoning. As a novel addition to the literature, the current study also investigated the effects of developmental timing on maturity (i.e., immaturity-delayed versus immaturity-expected) on Miranda abilities.
3

A Comparison of Miranda Procedures: The Effects of Oral and Written Administrations on Miranda Comprehension

Blackwood, Hayley L. 08 1900 (has links)
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.
4

Deficits in Miranda Comprehension and Reasoning: The Effects of Substance Use and Attention Deficits.

Hazelwood, Lisa L. 08 1900 (has links)
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.
5

Miranda Comprehension and Reasoning: An Investigation of Miranda Abilities in Adult Inpatients

Winningham, Darby B. 05 1900 (has links)
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.

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