Expert Testimony Based on Grisso Protocol Excluded under Daubert and Confession of Fourteen-Year-Old Defendant Admitted

Developments in Mental Health Law, January 2004 | Go to article overview
Save to active project

Expert Testimony Based on Grisso Protocol Excluded under Daubert and Confession of Fourteen-Year-Old Defendant Admitted


The Appellate Court of Connecticut ruled a trial court properly excluded expert testimony regarding the nature of a juvenile's confession and concluded the juvenile had knowingly, intelligently, and voluntarily waived his privilege against self-incrimination. The defendant, convicted of manslaughter, had been fourteen years of age at the time of the crime. He attempted to suppress his confession at trial based on the testimony of a clinical psychologist.

The psychologist testified she had evaluated the defendant to determine whether he was competent to understand his Miranda rights. As part of her evaluation, she tested the defendant with a set of questions addressing the specific tasks associated with waiving Miranda rights. She explained these questions were part of a protocol developed by Thomas Grisso, a forensic psychologist whose work has focused on juvenile competency. Based on this test, she concluded the defendant did not understand his right to remain silent nor the role of an attorney during the interrogation process. The appellate court ruled the trial court had properly subjected the expert testimony to a Daubent analysis because the Grisso test constituted an "innovative scientific technique." Under that analysis, the court determined the defendant bore the burden of proving its reliability and concluded the defendant had failed to meet this burden.

The rest of this article is only available to active members of Questia

Sign up now for a free, 1-day trial and receive full access to:

  • Questia's entire collection
  • Automatic bibliography creation
  • More helpful research tools like notes, citations, and highlights
  • Ad-free environment

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
Loading One moment ...
Project items
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

Cited article

Expert Testimony Based on Grisso Protocol Excluded under Daubert and Confession of Fourteen-Year-Old Defendant Admitted
Settings

Settings

Typeface
Text size Smaller Larger
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

While we understand printed pages are helpful to our users, this limitation is necessary to help protect our publishers' copyrighted material and prevent its unlawful distribution. We are sorry for any inconvenience.
Full screen

matching results for page

Cited passage

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

Cited passage

Welcome to the new Questia Reader

The Questia Reader has been updated to provide you with an even better online reading experience.  It is now 100% Responsive, which means you can read our books and articles on any sized device you wish.  All of your favorite tools like notes, highlights, and citations are still here, but the way you select text has been updated to be easier to use, especially on touchscreen devices.  Here's how:

1. Click or tap the first word you want to select.
2. Click or tap the last word you want to select.

OK, got it!

Thanks for trying Questia!

Please continue trying out our research tools, but please note, full functionality is available only to our active members.

Your work will be lost once you leave this Web page.

For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

Already a member? Log in now.

Are you sure you want to delete this highlight?