JOURNAL ARTICLE

H - 64 When the Miranda Warning cannot be Understood: Implications of Utilizing an Unqualified Interpreter.

  • Published In: Archives of Clinical Neuropsychology, 2023, v. 38, n. 7. P. 1548 1 of 3

  • Database: Academic Search Ultimate 2 of 3

  • Authored By: Morales, Sandra S; Cuellar, Ruby; Renteria, Laura 3 of 3

Abstract

This article examines the implications of using an unqualified interpreter during the Miranda warning for a monolingual Spanish-speaking defendant with cognitive impairments. The defendant, a 39-year-old male with lifelong cognitive difficulties and limited formal education, was interrogated with the assistance of an uncertified interpreter whose translation contained numerous errors, rendering over 15% of the warning nonsensical. Neuropsychological evaluation revealed the defendant’s extremely low intellectual functioning and difficulties in multiple cognitive domains, suggesting he likely did not understand the Miranda warning and was influenced to confess. The article highlights the need for law enforcement to recognize cognitive limitations and ensure accurate interpretation to prevent institutional bias and wrongful convictions.

Additional Information

  • Source:Archives of Clinical Neuropsychology. 2023/10, Vol. 38, Issue 7, p1548
  • Document Type:Article
  • Subject Area:Law
  • Publication Date:2023
  • ISSN:0887-6177
  • DOI:10.1093/arclin/acad067.382
  • Accession Number:174275160
  • Copyright Statement:Copyright of Archives of Clinical Neuropsychology is the property of Oxford University Press / USA and its content may not be copied or emailed to multiple sites without the copyright holder's express written permission. Additionally, content may not be used with any artificial intelligence tools or machine learning technologies. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

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