What should you do if a suspect is not mentally capable of understanding their rights?

In situations where a suspect is not mentally capable of understanding their rights, it is crucial to ensure that they are both physically and mentally capable before proceeding with any questioning. This aligns with the requirements set forth by the Miranda rights, which dictate that individuals must be informed of their rights in a way that they can understand.

If a suspect does not have the mental capacity to comprehend these rights, any waiver of those rights may be considered invalid. The legal system places a high value on ensuring that individuals are able to make informed decisions regarding their rights, which includes comprehending the questions being posed and the implications of waiving those rights. Therefore, evaluating their mental capability becomes foundational in protecting both the rights of the suspect and the integrity of the legal process.

Continuing without reading their rights, reading the rights regardless of their capacity, or providing only a summary would not adequately respect the suspect's rights or acknowledge their legal protections. By ensuring the suspect's capability, law enforcement can guarantee that any subsequent interactions are fair and just.