Miranda Rights Do Not Guarantee Miranda Understanding

Being read Miranda rights does not ensure understanding.

This assumption is one of the most common—and consequential—errors in legal proceedings.

The Problem With “Do You Understand?”

Individuals with:

• Language disorders

• Traumatic brain injury

• Aphasia

• Cognitive-communication impairmentsmay respond “yes” without truly understanding their rights.

This response reflects compliance, not comprehension.

What Miranda Comprehension Actually Requires

True Miranda understanding involves the ability to:

• Process complex legal language

• Understand abstract concepts (rights, consequences)

• Paraphrase information accurately

• Maintain comprehension under stress

These skills rely heavily on language processing, not intelligence or intent.

How Communication Disorders Affect Interrogations

Communication impairments can result in:

• Literal interpretation of questions

• Suggestibility

• Inconsistent responses

• Inability to request clarification

These factors directly impact the reliability of statements and confessions.

The Role of a Forensic Speech-Language Pathologist

Forensic SLPs assess:

• Receptive and expressive language

• Ability to paraphrase Miranda rights

• Consistency of responses

• Language processing under pressure

This evaluation helps determine whether a statement reflects understanding or impairment.

When to Request Miranda Comprehension Screening

Attorneys should consider screening when:

• The client has a history of TBI, learning disability, or speech/language disorder

• Statements appear inconsistent or overly compliant

• The interrogation involved complex or rapid questioning

• There is concern about informed waiver of rights

➡️ EJT Communication Consultant LLC provides Miranda comprehension screening, record review, and forensic consultation for defense teams.