Chelsea E. Fiduccia

JUVENILE MIRANDA WARNINGS Perfunctory Rituals or Procedural Safeguards

The American Bar Association, via its newly adopted policy, seeks fundamental changes in procedural justice with respect to juvenile Miranda warnings. It calls for understandable Miranda warnings to educate youth in custody regarding the relevant Constitutional protections. In surveying prosecutors and public defenders, the authors collected 293 juvenile Miranda warnings that are intended specifically for youthful offenders. Length and reading levels were analyzed and compared to an earlier survey. Nearly two thirds (64.9%) of these warnings were very long (> 175 words), which hinders Miranda comprehension. In addition, most juvenile warnings (91.6%) require reading comprehension higher than a 6th-grade level; 5.2% exceed a 12th-grade reading level. Combining across two surveys, more than half of juvenile Miranda warnings are highly problematic because of excessive lengths or difficult reading comprehension. However, simple and easily read Miranda components were identified that could be used to improve juvenile advisements. Breaking new ground, Miranda waivers were examined for both juveniles and their parents/interested adults. Interestingly, most juvenile versions emphasized waivers in positive terms (e.g., “an opportunity”) and downplayed the potential for negative consequences.

Mired in Miranda Misconceptions: A Study of Legally Involved Juveniles at Different Levels of Psychosocial Maturity

The Supreme Court of the United States has long recognized that the vulnerabilities of juvenile offenders merit special protections due to deficits in experience and maturity. Appellate courts assume that Miranda warnings will inform juvenile suspects of their Miranda rights, and allow them to render knowing and intelligent waivers. This study examines Miranda misconceptions of legally involved juveniles (i.e., juvenile detainees and youth mandated to juvenile justice alternative education) at different levels of psychosocial maturity. These juveniles manifested an unexpectedly large frequency of erroneous Miranda beliefs; each group (low, middle, and high maturity) averaged a dozen or more misconceptions, thus overshadowing substantive differences between maturity groups. However, maturity played an important role in the immediate recall of a Miranda advisement. Alarmingly, both low- and middle-maturity groups displayed less than one-third immediate recall. The high-maturity group performed better, but still failed to recall almost half of the Miranda concepts. The overall findings are discussed with respect to juvenile Miranda comprehension and reasoning.

The Effectiveness of Substance Use Measures in the Detection of Full and Partial Denial of Drug Use

Appraisals of substance abuse often constitute a key component of psychological assessments affecting both diagnostic and treatment issues. Because of negative consequences, many substance users engage in outright denials and marked minimization regarding their drug use. Psychological measures, especially those with transparent items, are highly vulnerable to this denial. To address this response style, indirect items are often included on substance use measures to identify those who deny their use. The purpose of this study was to examine the effects of complete and partial denial on the Drug Abuse Screening Test–20, Substance Abuse Subtle Screening Inventory–3, and Drug Use Screening Inventory–Revised. Partial denial refers to the disacknowledgement of drug-related impairment interfering in multiple domains of a client’s functioning. The study used a mixed within- and between-subjects design with 102 inpatient substance users. Each participant completed the study under two conditions: a disclosing condition and an experimental condition (either complete denial or partial denial). Results show partial denial is distinctly different from complete denial across three self-report substance use measures. Importantly, substance users engaging in these denial conditions were often undetected by these measures. Contrary to expectations, subtle scales with indirect item content were only minimally more effective than the face valid scales alone for the assessment of denied drug use.

Final-Stage Diversion: A Safety Net for Offenders With Mental Disorders

Diversion programs for offenders with mental disorders typically focus on early intervention as the ideal avenue for redirecting individuals from the criminal justice system. Although this approach is advantageous in many respects, sentenced offenders on probation have few available options for the intensive treatment provided by such programs. ATLAS, a mental health court in Dallas, Texas, adopts a reverse approach in selecting individuals on the brink of probation revocation. When compared to a matched sample, ATLAS participants had lower rates of rearrest within 12 and 24 months of their intake, supporting the efficacy of final-stage diversion programs as a pragmatic alternative to early interventions.