The issue in this case is whether Tony Love, our client, has the necessary mental ability to waive his Miranda rights voluntarily, knowingly, and intelligently due to the extent of the circumstances involved.
An officer must recite the Miranda rights after a suspect has been arrested and before the suspect, or anyone that is of interest to the case, is questioned. State v. Echols, 382 S.W.3d 266, 280 (Tenn. 2012) (citing Miranda v. Arizona, 384 U.S. 436, 444 (1966)). The Miranda rights present that a suspect “has the right to remain silent, that anything he says can be used against him in a court of law, that he has the right to the presence of an attorney, and that if he cannot afford an attorney one will be appointed for him prior to any …show more content…
at 208 (citing State v. Stephenson, 878 S.W.2d 530, 545 (Tenn. 1994)). An assortment of factors can determine if the suspect has a sufficient comprehension level. Factors considered are: “the age and background of the defendant; his education and intelligence level; his reading and writing skills; his demeanor and responsiveness to question; his prior experience with the police; any mental disease or disorder; any intoxication at the time of the waiver; and the manner, detail, and language in which the Miranda rights were explained.” Echols, 382 S.W.3d at 280-81 (see Blackstock, 19 S.W.3d at 208). An intellectual disability, which is a type of mental disorder, is defined as “a person with significantly sub-average general intellectual functioning which originates during the developmental period and is associated with an impairment of adaptive behavior...” Id. at 210 (quoting Tenn. Code Ann. § 33-5-303 (1)). An intellectual disability can greatly affect how a person processes and reacts to both complicated and simple information. Id. at 208 (citing Stephenson, 878 S.W.2d at 545). A suspect that has this type of mental disorder will likely have difficulties when he tries to process and understand his Miranda rights. Id. at 208 (citing Stephenson, 878 S.W.2d at 545). …show more content…
Love’s alleged low level of intellect is a concern as to whether he understood the significance of his Miranda rights. Love was arrested and charged with aggravated burglary. In accordance with Miranda v. Arizona, Love is required to receive his Miranda rights from an officer after he is arrested and before he is interviewed. Based on the police report, Love did not receive his rights until thirty-five minutes into the interview. Similar to the Blackstock case, Love is thirty-three years old, reads on an eighth grade level, and frequently responds slowly when asked questions. Additionally, Love’s criminal history includes misdemeanor charges, but he does not have any felony charges. These factors lead to a reasonable belief that Love likely did not understand the significance of his current situation holding him possibly responsible for a felony crime. It is also likely that based off of his age in relation to his low reading level, he does not have the comprehension level to understand the Miranda rights, which can be proven since he did not seem to realize it was a problem that he did not receive his rights until thirty-five minutes into the interview. Love’s significantly low intellect level infers that he may have an underlying intellectual disability. An intellectual disability can affect how a person processes information, so this disability could explain Love’s slow responsiveness to questions. It also could make him unable to process the meaning of his Miranda
An officer must recite the Miranda rights after a suspect has been arrested and before the suspect, or anyone that is of interest to the case, is questioned. State v. Echols, 382 S.W.3d 266, 280 (Tenn. 2012) (citing Miranda v. Arizona, 384 U.S. 436, 444 (1966)). The Miranda rights present that a suspect “has the right to remain silent, that anything he says can be used against him in a court of law, that he has the right to the presence of an attorney, and that if he cannot afford an attorney one will be appointed for him prior to any …show more content…
at 208 (citing State v. Stephenson, 878 S.W.2d 530, 545 (Tenn. 1994)). An assortment of factors can determine if the suspect has a sufficient comprehension level. Factors considered are: “the age and background of the defendant; his education and intelligence level; his reading and writing skills; his demeanor and responsiveness to question; his prior experience with the police; any mental disease or disorder; any intoxication at the time of the waiver; and the manner, detail, and language in which the Miranda rights were explained.” Echols, 382 S.W.3d at 280-81 (see Blackstock, 19 S.W.3d at 208). An intellectual disability, which is a type of mental disorder, is defined as “a person with significantly sub-average general intellectual functioning which originates during the developmental period and is associated with an impairment of adaptive behavior...” Id. at 210 (quoting Tenn. Code Ann. § 33-5-303 (1)). An intellectual disability can greatly affect how a person processes and reacts to both complicated and simple information. Id. at 208 (citing Stephenson, 878 S.W.2d at 545). A suspect that has this type of mental disorder will likely have difficulties when he tries to process and understand his Miranda rights. Id. at 208 (citing Stephenson, 878 S.W.2d at 545). …show more content…
Love’s alleged low level of intellect is a concern as to whether he understood the significance of his Miranda rights. Love was arrested and charged with aggravated burglary. In accordance with Miranda v. Arizona, Love is required to receive his Miranda rights from an officer after he is arrested and before he is interviewed. Based on the police report, Love did not receive his rights until thirty-five minutes into the interview. Similar to the Blackstock case, Love is thirty-three years old, reads on an eighth grade level, and frequently responds slowly when asked questions. Additionally, Love’s criminal history includes misdemeanor charges, but he does not have any felony charges. These factors lead to a reasonable belief that Love likely did not understand the significance of his current situation holding him possibly responsible for a felony crime. It is also likely that based off of his age in relation to his low reading level, he does not have the comprehension level to understand the Miranda rights, which can be proven since he did not seem to realize it was a problem that he did not receive his rights until thirty-five minutes into the interview. Love’s significantly low intellect level infers that he may have an underlying intellectual disability. An intellectual disability can affect how a person processes information, so this disability could explain Love’s slow responsiveness to questions. It also could make him unable to process the meaning of his Miranda