A defendant with an IQ of 55 may be of "subnormal intelligence," but he is still capable of comprehending his Miranda rights, an appellate court in New York has ruled in upholding a murder conviction. A psychologist for the defense said the defendant lacked the capacity to appreciate his right to remain silent and his right to counsel, but prosecution witnesses described the defendant as relaxed and composed during interrogation and said there was no indication he was confused.
December 14, 2005 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
A defendant with an IQ of 55 may be of “subnormal intelligence,” but he is still capable of comprehending his Miranda rights, an appellate court in New York has ruled in upholding a murder conviction.
In People v. Hendrie, 1047/13613, appellate defense counsel Mitchell S. Kessler of Cohoes, Albany County, came forth with a psychologist who testified that Jonathan A. Hendrie simply lacks the capacity to fully appreciate his right to remain silent and his right to counsel.
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