One Aspect of the Waiver of Miranda Rights Is That

question 65

Multiple Choice

One aspect of the waiver of Miranda rights is that defendants make a confession only after having waived these rights knowingly, intelligently, and voluntarily. At times, mental health professionals are asked to evaluate a defendant's capacity to waive his or her Miranda rights. This evaluation is particularly difficult because ___________.

• A)the professional's evaluation usually occurs months after the defendant waived his or her rights and confessed. Thus, the professional can only make assumptions about the defendant's mental health at the time of the waiver and confession
• B)evaluators do not have the ability to decide if one's rights were waived voluntarily
• C)the judge limits the evaluation period to only 2 weeks, hardly enough time to do a full assessment
• D)None of these are correct.

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Definitions:

Antisocial Personality Disorder

A mental health disorder characterized by a pervasive pattern of disregard for, and violation of, the rights of others.

Immediate Gratification

The desire to experience pleasure or fulfillment without delay or deferment.

Lack Empathy

It describes the inability of an individual to understand or share the feelings of others.

Borderline Personality Disorder

A personality disorder characterized by disturbances in identity, in moods, and in impulse control.