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.

This research paper has examined the validity of the Forensic Assessment Interview Technique (FAINT). FAINT is a specific interview process - accepted and in current use - integrating the works of this researcher with the works of John Reid, Richard Arther, and Avinoam Sapir. The FAINT technique involves the evaluation of nonverbal behavior, projective analysis of unwitting verbal cues, and statement analysis. The fundamental hypothesis of FAINT is that truthful and deceptive criminal suspects differ demonstrably in their nonverbal, verbal and written communication, when asked to respond to a structured format of interview questions. FAINT maintains that these differences are observable and can be quantified to allow forensic interviewers to make accurate determinations of a suspect's involvement in a crime. This research has examined the validity of the technique as measured by a traditional, unweighted 3 point scale and a weighted scoring system (an issue being researched in this paper) comparatively used for determining truth or deception. This dissertation reports the results of both scoring systems, as well as a comparison between them and the historically used Behavioral Analysis Interview (BAI) that was developed by John E. Reid. / Criminology / MA (Criminology)

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.

This research paper has examined the validity of the Forensic Assessment Interview Technique (FAINT). FAINT is a specific interview process - accepted and in current use - integrating the works of this researcher with the works of John Reid, Richard Arther, and Avinoam Sapir. The FAINT technique involves the evaluation of nonverbal behavior, projective analysis of unwitting verbal cues, and statement analysis. The fundamental hypothesis of FAINT is that truthful and deceptive criminal suspects differ demonstrably in their nonverbal, verbal and written communication, when asked to respond to a structured format of interview questions. FAINT maintains that these differences are observable and can be quantified to allow forensic interviewers to make accurate determinations of a suspect's involvement in a crime. This research has examined the validity of the technique as measured by a traditional, unweighted 3 point scale and a weighted scoring system (an issue being researched in this paper) comparatively used for determining truth or deception. This dissertation reports the results of both scoring systems, as well as a comparison between them and the historically used Behavioral Analysis Interview (BAI) that was developed by John E. Reid. / Criminology and Security Science / MA (Criminology)

In spite of the SAPS having a dedicated polygraph capacity since 1998, little research has been conducted with regard to the use of the polygraph in criminal investigations. Consequently, the aim of this research was to focus on the perceptions and experiences of investigators in the SAPS regarding the application of polygraph testing in criminal investigations, the application of the polygraph as an investigative aid, the extent to which it is used by SAPS investigators to resolve criminal cases opened by the general public and/or in internal departmental criminal investigations; and whether or not it has helped to solve cases by giving direction and/or focus to the investigator when an investigation is at an impasse. A qualitative research approach was conducted among investigators within the SAPS. The research design selected for this study was grounded theory. The sample consisted of twenty investigators, ten of whom had previously used polygraph examinations in their investigations and ten of whom had not. Data was collected from interviews, document analysis, field notes and memoranda which presented and detailed the perceptions and experiences of investigators in the SAPS regarding the application of polygraph tests in criminal investigations. / Criminology and Security Science / M.A. (Criminology)

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.

With this study, the researcher wants to establish whether investigators are able to effectively interpret, report on, or pay cognisance to body language during interviews, and whether they are sufficiently trained therein. Knowledge of body language can provide the interviewer with vital clues during the interview process. Regardless of the availability of numerous literatures on nonverbal behaviour in interviewing, the application of this knowledge is lacking among investigators. An empirical research design and a qualitative research approach were used for this research. National and international literature sources were consulted, and the researcher conducted interviews with two experts, knowledgeable investigators and semi-structured interviews with detectives from the East London South African Police Service (SAPS) and forensic investigators from the Special Investigating Unit (SIU) in East London. The importance of the skill of interpreting body language during forensic interviewing was established. Evidently, many investigators do not apply their knowledge and skill to enhance the outcomes of a forensic interview. / Criminology and Security Science / M. Tech. (Forensic Investigation)

With this study, the researcher wants to establish whether investigators are able to effectively interpret, report on, or pay cognisance to body language during interviews, and whether they are sufficiently trained therein. Knowledge of body language can provide the interviewer with vital clues during the interview process. Regardless of the availability of numerous literatures on nonverbal behaviour in interviewing, the application of this knowledge is lacking among investigators. An empirical research design and a qualitative research approach were used for this research. National and international literature sources were consulted, and the researcher conducted interviews with two experts, knowledgeable investigators and semi-structured interviews with detectives from the East London South African Police Service (SAPS) and forensic investigators from the Special Investigating Unit (SIU) in East London. The importance of the skill of interpreting body language during forensic interviewing was established. Evidently, many investigators do not apply their knowledge and skill to enhance the outcomes of a forensic interview. / Criminology and Security Science / M. Tech. (Forensic Investigation)

A presente pesquisa, valendo-se do método de pesquisa-ação, objetiva propor ações que possam ser implementadas para a melhora na eficácia da investigação de homicídios na cidade de Curitiba, atualmente realizada pela Divisão de Homicídios e Proteção à Pessoa (DHPP-PR). Para tanto se realizou pesquisa bibliográfica e de campo nas divisionais de homicídio de São Paulo e Curitiba. Dissertou-se acerca da relação do Estado, governo e administração pública com a segurança pública; sobre as noções históricas da polícia de segurança, com sua definição. Apresentou-se a taxionomia das diversas polícias atuantes no Brasil. Discorreu-se sobre o conceito de violência e constatou-se seu espraiamento para regiões antes mais seguras. Por fim, verificaram-se as práticas da Departamento Estadual de Homicídios e de Proteção à Pessoa (DHPP-SP) e as melhores ações, comparando-as às práticas da DHPP-PR de Curitiba, apontando os problemas identificados e propondo ações passíveis de solucioná-los. / This research, taking advantage of the method of research-action aims to propose actions that can be implemented to improve the effectiveness of the investigation of homicides in the city of Curitiba, currently held by Homicide Division and Protection of Persons (DHPP-PR). Held bibliographic and field research in the divisional murder of São Paulo and Curitiba. Disserted on the relationship of the state, government and public administration to public security; on the historical notions of security police with their definition. Presented the taxonomy of the various active security police in Brazil. Discoursed about the concept of violence and found out before its spreading to safer areas. Finally, there were the practices of the State Department of Homicide and Protection of Persons (DHPP-SP) and its best actions, comparing them to the practices of DHPP-PR from Curitiba, pointing out the problems identified and proposing actions that could solve them.

A presente pesquisa, valendo-se do método de pesquisa-ação, objetiva propor ações que possam ser implementadas para a melhora na eficácia da investigação de homicídios na cidade de Curitiba, atualmente realizada pela Divisão de Homicídios e Proteção à Pessoa (DHPP-PR). Para tanto se realizou pesquisa bibliográfica e de campo nas divisionais de homicídio de São Paulo e Curitiba. Dissertou-se acerca da relação do Estado, governo e administração pública com a segurança pública; sobre as noções históricas da polícia de segurança, com sua definição. Apresentou-se a taxionomia das diversas polícias atuantes no Brasil. Discorreu-se sobre o conceito de violência e constatou-se seu espraiamento para regiões antes mais seguras. Por fim, verificaram-se as práticas da Departamento Estadual de Homicídios e de Proteção à Pessoa (DHPP-SP) e as melhores ações, comparando-as às práticas da DHPP-PR de Curitiba, apontando os problemas identificados e propondo ações passíveis de solucioná-los. / This research, taking advantage of the method of research-action aims to propose actions that can be implemented to improve the effectiveness of the investigation of homicides in the city of Curitiba, currently held by Homicide Division and Protection of Persons (DHPP-PR). Held bibliographic and field research in the divisional murder of São Paulo and Curitiba. Disserted on the relationship of the state, government and public administration to public security; on the historical notions of security police with their definition. Presented the taxonomy of the various active security police in Brazil. Discoursed about the concept of violence and found out before its spreading to safer areas. Finally, there were the practices of the State Department of Homicide and Protection of Persons (DHPP-SP) and its best actions, comparing them to the practices of DHPP-PR from Curitiba, pointing out the problems identified and proposing actions that could solve them.