Table 1.
General Approach | Specific Strategies | Examples of What NOT TO DO | Examples of What TO DO |
---|---|---|---|
Be Mindful of Words | |||
Minimize use of legal jargon | Replace “unauthorized” and “discoverable” | Say “not allowed” and “able to be found” | |
Use simple plain language | Replace “affirm” and “conduct” | Say “agree” and “what you did/behavior” | |
Avoid multiple meaning words | Replace “You can bank on that.” or “You can count on that.” | Say “That will happen” | |
Eliminate unnecessary words | Replace “Why don’t you tell me what happened?” | Say “What happened?” | |
Minimize use of pronouns | Replace, “Did he hit it?” | Say, “Did Jason hit the car?” | |
Be Simple, Direct, and Concrete | |||
Use simple, one-step instructions | Replace “Put your hands up and turn around.” | Say “Put your hands up.” (insert pause/wait for hands to go up). “Turn around.” | |
Avoid tag questions | Replace, “Maddy didn’t take the money, did she?” | Say, “Did Maddy take the money?” | |
Be clear about what, when and where | Replace, “When and where did the incident happen? | Say, “What day did the robbery happen?” (wait for a response) Then ask, “Where did the robbery happen?” | |
Avoid Language that Requires Inferencing | |||
Avoid idioms that will be taken literally | Replace, “Are you pulling my leg?” | “Is that true?” | |
Avoid use of humor, including sarcasm | Replace, “I bet you enjoyed losing your job.” | “Tell me about your job.” “What happened with your job?” |
|
Avoid questions which involve interpreting the intentions, feelings, thoughts, or perceptions of others | Replace, “Why didn’t Leo leave when he knocked on the door and nobody answered.” | “What happened after Leo knocked on the door?” | |
Take Steps to Ensure Comprehension (assume comprehension challenges) | When feasible, present information in oral and written format | Replace oral-only Miranda or Miranda equivalent rights | Present information in spoken and written form |
Present information at a slower pace | Replace presenting all rights at one time, at an average or fast rate | Pause for ~3 seconds between reading each Miranda right, slow down when speaking | |
Ask comprehension questions | Replace no comprehension checks or comprehension checks only after a long series of information | Ask, “What questions do you have?”; and/or say, “Tell me what I said in your own words” after each item, such as each Miranda right |