Competency to Waive Miranda

COMPETENCY TO WAIVE MIRANDA

Psychologists assess whether there are any cognitive problems or mental health disorders that may have impaired the defendant’s ability to waive Miranda rights knowingly, intelligently, and voluntarily. Often, these evaluations are conducted to gain insight into the individual’s Competency to Confess or the validity of a Miranda waiver.

These evaluations typically involve interviews and review of records. Psychological tests are usually administered to assess the individual’s intelligence, adaptive abilities, and Miranda rights comprehension.