Question: When you ask an individual with mild mental retardation questions and he confesses to a crime, is that a legitimate confession and did you need to give him Miranda warnings?
Quick Answer: A confession is legitimate if it is voluntary and you can show the individual understood the situation and consequences of making the confession. As you know, Miranda only needs to be given in situations in which the individual is in custody. In this type of situation, the individual needs to understand he is not in custody.