Hostname: page-component-848d4c4894-4hhp2 Total loading time: 0 Render date: 2024-06-02T14:48:07.540Z Has data issue: false hasContentIssue false
  • English
  • Français

Awareness and comprehension of the right to silence in Queensland, Australia

Published online by Cambridge University Press:  07 October 2014

Garry Kidd  and
Kim Sullivan
Garry Kidd*
Affiliation:
Department of Psychology, Division of Tropical Health and Medicine, James Cook University, Queensland, Australia
Kim Sullivan
Affiliation:
Department of Psychology, Division of Tropical Health and Medicine, James Cook University, Queensland, Australia
*
address for correspondence: Garry Kidd, James Cook University, PO Box 6811, Cairns, Queensland, Australia4870. email: garry.kidd@jcu.edu.au
Get access Rights & Permissions [Opens in a new window]

Abstract

Awareness and comprehension of the Queensland Police Service (QPS) caution was investigated in a group (N = 140) of university students in Queensland, Australia. Awareness was measured before participants were shown and read aloud the QPS caution; comprehension was then assessed. Participants also completed the Australian Legal Awareness Questionnaire (ALAQ) to ascertain their knowledge of legal matters more generally. The results show that participants were generally unaware of their legal rights and had difficulty comprehending the right to silence caution. Overall, the study demonstrates that while many participants reported understanding the QPS caution, the reality is that most did not. This is a concerning outcome considering that people already marginalised by virtue of lower education and literacy levels (many Indigenous Australians residing in Far North Queensland, for example) are further seriously disadvantaged by failing to comprehend the police caution.

Keywords

police cautionlegal awarenessunderstanding rightsIndigenousjustice
Type
Articles
Information
Journal of Tropical Psychology , Volume 4 , 2014 , e5
Copyright
Copyright © The Author(s) 2014 

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

Chaulk, S. J., Eastwood, J., & Snook, B. (2014). Measuring and predicting police caution comprehension in adult offenders. Canadian Journal of Criminology and Criminal Justice, 56 (3), 323–340.Google Scholar
Clare, I. C. H., Gudjonsson, G. H., & Harari, P. M. (1998). Understanding of the current police caution (England and Wales). Journal of Community & Applied Social Psychology, 8, 323–329.Google Scholar
Eastwood, J., & Snook, B. (2010). Comprehending Canadian Police cautions: Are the rights to silence and legal counsel understandable? Behavioral Sciences and the Law, 28, 366–377.Google Scholar
Fenner, S., Gudjonsson, G., & Clare, I. (2002). Understanding of the current police caution (England and Wales) among suspects in police detention. Journal of Community & Applied Social Psychology, 12, 83–93.Google Scholar
New South Wales Law Reform Commission. (2000). The Right to Silence. Report 95.Google Scholar
Nicholson, J. (2000). The “Right” to Silence – Only Half a Right. Paper delivered to Government Lawyers, CLE Convention & Dinner, NSW Parliament House 18 October 2000.Google Scholar
Northern Territory Law Reform Committee. (2002). Report on The Right to Silence. Report Number 25.Google Scholar
Pearse, J., Gudjonsson, G., Clare, I. C., & Rutter, S. (1998). Police interviewing and psychological vulnerabilities: Predicting the likelihood of a confession. Journal of Community & Applied Social Psychology, 8, 1–22.Google Scholar
Roe, G., & Moston, S. (2009). Recall and comprehension of the Queensland Police cautioning statement amongst Australian Aboriginals. Manuscript under review.Google Scholar
Shepherd, E. W., Mortimer, A. K., & Mobasheri, R. (1995). The police caution: Comprehension and perceptions in the general population. Expert Evidence, 4, 60–7.Google Scholar
Wechsler, D. (1981). The Wechsler Adult Intelligence Scale – Revised. New York: The Psychological Corporation.Google Scholar