The right to remain silent and have access to counsel during custodial interrogation (called by various names among English-speaking jurisdictions, including Miranda rights in the U.S.) is fundamental to the laws of the U.S., Canada, U.K., Australia and New Zealand. Informing suspects of these rights and Cautions is intended to ensure a level playing field between individuals and the police, although this is not always the case–particularly when suspects, who may not fully comprehend their rights, waive them and try to engage with the government unprotected. 

This chapter comprehensively covers the topic of waiver and comprehension from the perspectives of social science and the law–and in particular, proffering expertise on the subject in court. It begins with a review of interrogation and confession law in each of the five jurisdictions, describing similarities and differences, the various legal sources, when they apply, the standards that govern the admissibility of statements and how these rights operate differently in each country. Next, the social science of rights’ wavers and suspect-and situation-specific factors related to comprehension are explained, followed by thorough guidance on the admission (or exclusion) of a waiver and comprehension expert.

Particular topics covered, include: