Miranda Warning Comprehension: The Influence of Verbal Aptitude and Hearing Status.

Abstract

The Miranda warning was drafted in order to inform people of their rights upon arrest in an easy to understand manner. However, to understand the warning a person needs a high school level reading comprehension (which is above the level of most offenders). Among these offenders, deaf and hard-of-hearing (DHH) individuals are particularly prone to misinterpreting the Miranda warning due to language barriers with law enforcement and below average English literacy compared to hearing individuals. Two studies were performed. The first compared Miranda warning comprehension between hearing and DHH participants, and it was found that DHH participants showed overall lower comprehension. The second study, consisting only of DHH participants, compared the effectiveness of four different presentations of the Miranda warning: signed in American Sign Language (ASL), signed in Signed Exact English (SEE), oral presentation, and written presentation. The written presentation demonstrated the lowest comprehension scores while the other three methods showed no significant difference in comprehension. The results suggest that the Miranda warning is best administered to DHH individuals with the assistance of a certified sign language interpreter. Limitations of the sample and directions for future research are discussed.