Miranda Procedure Checklist

Gregory DeClue

Sarasota, FLgregdeclue@mailmt.com

http://

gregdeclue.myakkatech.com

When police advise a suspect of his rights fairly,and he understands his rights, and he waives his rights,and he voluntarily confesses,and he is convicted,and he really was guilty,that’s a good thing.

Kyles v. Whitley, 514 U.S. 419, 446 & n. 15 (1995) “When … probative force of evidence

depends on circumstances in which it

was obtained … indications of

conscientious police work will enhance

probative force and slovenly work will

diminish it.”

Allegiance Effects

Structured Guidelines or Checklists

Oral Miranda Warning Checklist

Police Investigative Interview Contamination

Checklist

Confession Statement Corroboration Matrix

The Oral Miranda Warning Checklist was presented by Gregory DeClue at the “first ever Conference on Interrogations and Confessions … at the University of Texas at El Paso (September 27-29, 2007). The event was supported by a Conferences Grant Award from the American Psychological Association Science Directorate.” See http://www.apa.org/science/about/psa/2007/10/interrogation-conf.aspx. It was published in a peer-reviewed journal as DeClue, G. (2007). Oral Miranda warnings: A checklist and a model presentation. Journal of Psychiatry and Law, 35, 421-441. It is included in a book chapter: DeClue, G. (2010). Oral Miranda warnings: A checklist and a model presentation. In G. D. Lassiter & C. A. Meissner, Police interrogations and false confessions: Current research, practice, and policy recommendations, pp. 179-190. Washington, D.C.: American Psychological Association. That book was awarded the 2009-2010 Book Award from the American Psychology-Law Society, and the 2010 Prose Award from American Publishers. The article was introduced and accepted, both as a prosecution exhibit and as a defense exhibit, in United States of America v. Maurice Fair, Superior Court of the District of Columbia, Criminal Division – Felony Branch, Docket No. 2007 CF1 24886, Hon. Herbert B. Dixon presiding, June 2010.

DeClue, G., & Rogers, C. S. (2012). Interrogations 2013: Safeguarding against false confessions. The Police Chief: The Professional Voice of Law Enforcement, October Issue, pages 42, 44, 46.

Colorado v. Spring, 479 U.S. 564, 573

(1987).

Cicchini, M. D. (2012). The new Miranda warning, SMU Law Review, 65, 911-941.

http://www.cicchinilawoffice.com/uploads/SMU411.pdf

 Domanico, A. J., Cicchini, M. D., & White, L. T. (2012). Overcoming Miranda: A content analysis of the Miranda portion of police

interrogations, Idaho Law Review, 49, 1-22. 

Ferguson, A. G. (2012). The dialogue approach to Miranda warnings and waiver. American Criminal Law Review, 49, 1438-

1491.

Miranda Procedure Checklist

Gregory DeClue

Sarasota, FLgregdeclue@mailmt.com

http://

gregdeclue.myakkatech.com