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... > social science subjects > criminology and criminal justice > criminology > law and society > psychology and law > criminal competencies > capacity to waive rights
... > social science subjects > politics and international relations > political science > law and courts > law and society > psychology and law > criminal competencies > capacity to waive rights
... > social science subjects > criminology and criminal justice > criminology > law and society > psychology and law > forensic assessment in civil and criminal cases > capacity to waive rights
... > social science subjects > politics and international relations > political science > law and courts > law and society > psychology and law > forensic assessment in civil and criminal cases > capacity to waive rights

Preferred term

capacity to waive rights  

Definition

  • With the Fifth Amendment right against selfincrimination and the Fourteenth Amendment right to due process as its grounding, the U.S. Supreme Court, in Miranda v. Arizona (1966), established important procedural protections for criminal suspects in custodial interrogations. Aware of the inherently coercive nature of interrogations and of suspects' risk of selfincrimination, the Miranda Court mandated that the police notify suspects of their right to silence and legal representation. [Source: Encyclopedia of Psychology and Law; Capacity to Waive Rights]

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https://concepts.sagepub.com/social-science/concept/capacity_to_waive_rights

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