Writing Assignment
In Chapter 10 (in document Psychology and the Legal System.pdf), you learn about evaluating a criminal suspect for competence. For this writing assignment, you will specifically attempt to create a measure for assessing competence to waive one’s Miranda rights. Write 10 to 20 questions that you, as a clinical psychologist, could ask a defendant that would help you determine whether they are competent to waive their Miranda rights. You may also describe activities you could do with the suspect that would help you assess competence.
For each question or activity you propose, also offer a brief explanation of how that question helps you arrive at a judgment of competency.
Ensure that your questions are for Miranda rights rather than some other competency issue. If your questions do not generally have to do with Miranda-related competency, you should expect a low grade. The Miranda rights refer to: (a) the right to remain silent; (b) the warning that anything the suspect says can be used as evidence against them; and (c) the right to have an attorney, even if they cannot afford one.
Tips: It may help to review the psychological abilities associated with competency (on page 223 of document “Psychology and the Legal System.pdf”). A good evaluation will cover several of the psychological abilities. Remember that you may be interviewing someone with a low IQ, so keep your questions relatively straightforward and simple to understand. In general, closed-ended questions are bad, and you should especially avoid leading questions.
Example Response: Here is an example question that is very good, but you may not use in your response:
“Why do you think that a person talking to the police might want to have a lawyer with them?” Explanation: This question assesses not only the person’s skill of understanding by examining whether they comprehend the role of an attorney, but also gets at the reasoning ability by allowing them to evaluate the relevancy of an attorney’s presence: weighing the advantages and disadvantages of having an attorney to prevent self-incrimination versus how it may appear to the interrogators to seek an attorney.
Rubric:
Points Added or Deducted
Criterion
Excellent
Acceptable
Lacking
At least 10 questions/activities are given.
3
1-2
0-1
It is clearly described how these would assess competency related to Miranda rights.
4
2-3
0-2
Questions/activities assess several abilities related to competency (e.g., understanding, appreciation, reasoning, etc.).
3
1-2
0-1
Language is too complex for someone with a low IQ to understand.
-0
-1 to -2
-3 to -4
Questions are close-ended.
-0
-1 to -2
-3 to -4
Questions are leading or misleading.
-0
-1 to -2
-3 to -4