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"Read him his rights." We all recognize this line from cop dramas. But what happens afterward? In this book, Richard Leo sheds light on a little-known corner of our criminal justice system--the police interrogation. Incriminating statements are necessary to solve crimes, but suspects almost never have reason to provide them. Therefore, as Leo shows, crime units have developed sophisticated interrogation methods that rely on persuasion, manipulation, and deception to move a subject from denial to admission, serving to shore up the case against him. Ostensibly aimed at uncovering truth, the structure of interrogation requires that officers act as an arm of the prosecution. Skillful and fair interrogation allows authorities to capture criminals and deter future crime. But Leo draws on extensive research to argue that confessions are inherently suspect and that coercive interrogation has led to false confession and wrongful conviction. He looks at police evidence in the court, the nature and disappearance of the brutal "third degree," the reforms of the mid-twentieth century, and how police can persuade suspects to waive their Miranda rights. An important study of the criminal justice system, Police Interrogation and American Justice raises unsettling questions. How should police be permitted to interrogate when society needs both crime control and due process? How can order be maintained yet justice served?
"Read him his rights." We all recognize this line from cop dramas. But what happens afterward? In this book, Leo sheds light on a little-known corner of our criminal justice system--the police interrogation. An important study of the criminal justice system, this book provides interesting answers and raises some unsettling questions.
"Read him his rights." We all recognize this line from cop dramas. But what happens afterward? In this book, Richard Leo sheds light on a little-known corner of our criminal justice system--the police interrogation. Incriminating statements are necessary to solve crimes, but suspects almost never have reason to provide them. Therefore, as Leo shows, crime units have developed sophisticated interrogation methods that rely on persuasion, manipulation, and deception to move a subject from denial to admission, serving to shore up the case against him. Ostensibly aimed at uncovering truth, the structure of interrogation requires that officers act as an arm of the prosecution. Skillful and fair interrogation allows authorities to capture criminals and deter future crime. But Leo draws on extensive research to argue that confessions are inherently suspect and that coercive interrogation has led to false confession and wrongful conviction. He looks at police evidence in the court, the nature and disappearance of the brutal "third degree," the reforms of the mid-twentieth century, and how police can persuade suspects to waive their Miranda rights. An important study of the criminal justice system, Police Interrogation and American Justice raises unsettling questions. How should police be permitted to interrogate when society needs both crime control and due process? How can order be maintained yet justice served?
Although it is generally believed that wrongful convictions based on false confessions are relatively rare - the 1989 Central Park jogger 'wilding' case being the most notorious example - recent exonerations of the innocent through DNA testing are increasing at a rate that few in the criminal justice system might have speculated. Because of the growing realization of the false confession phenomenon, psychologists, sociologists, and legal/law-enforcement scholars and practitioners have begun to examine the factors embedded in American criminal investigations and interrogations that may lead innocent people to implicate themselves in crimes they did not commit. ""Police Interrogations and False Confessions"" brings together a group of renowned scholars and practitioners in the fields of social psychology, cognitive psychology, developmental psychology, criminology, clinical-forensic psychology, and law to examine three salient dimensions of false confessions: interrogation tactics and the problem of false confessions; review of Supreme Court decisions regarding Miranda warnings and custodial interrogations; and new research on juvenile confessions and deception in interrogative interviews. Chapters include well-recognized programs of research on the topics of interrogative interviewing, false confessions, the detection of deception in forensic interviews, individual differences, and clinical-forensic evaluations. The book concludes with policy recommendations to attenuate the institutional and social psychological persistence (and pervasiveness) of the various inducements and impediments that have informed law enforcement's interrogation techniques and the types of false confessions they encourage.
If you've ever seen an episode of Law and Order, you can probably recite your Miranda rights by heart. But you likely don't know that these rights had their roots in the case of a young Chinese man accused of murdering three diplomats in Washington DC in 1919. A frantic search for clues and dogged interrogations by gumshoes erupted in sensational news and editorial coverage and intensified international pressure on the police to crack the case. Part murder mystery, part courtroom drama, and part landmark legal case, The Third Degree is the true story of a young man's abuse by the Washington police and an arduous, seven-year journey through the legal system that drew in Warren G. Harding, William Howard Taft, Oliver Wendell Holmes, John W. Davis, and J. Edgar Hoover. The ordeal culminated in a sweeping Supreme Court ruling penned by Justice Louis Brandeis that set the stage for the Miranda warning many years later. Scott D. Seligman argues that the importance of the case hinges not on the defendant's guilt or innocence but on the imperative that a system that presumes one is innocent until proven guilty provides protections against coerced confessions. Today, when the treatment of suspects between arrest and trial remains controversial, when bias against immigrants and minorities in law enforcement continues to deny them their rights, and when protecting individuals from compulsory self-incrimination is still an uphill battle, this century-old legal spellbinder is a cautionary tale that reminds us how we got where we are today and makes us wonder how far we have yet to go.
Interviews and interrogations of suspects, witnesses, and victims are still the most important evidence available to police officers today. Crime scene evidence, including DNA samples, blood samples, fingerprints, and shoe tracks may be instrumental in making a case in court, but often physical evidence cannot be located without a properly conducted, thorough preliminary investigation which may include both interviews of witnesses and victims and interrogations of suspects. It is difficult for the most seasoned criminal lawyer to keep up with the various interpretations of law; yet law enforcement officers are tasked with not only being able to comprehend decisions and how they impact their processes and the rules of criminal procedure, but to diligently and correctly interpret those rulings into rapidly-evolving situations on the street or in an interrogation room. This book has been compiled to provide practitioners and those who study criminal justice with the resources necessary to fully understand Supreme Court interpretations of how the police can and must utilize case law in collecting testimonial evidence, evidence from stop and frisk encounters, and polygraph testing. This book presents federal case law, and discussions of those cases, to develop an understanding of laws concerning police interviews and interrogations. Additionally, this text utilizes "Bottom Line" discussions that focus on the applications of the case law to police conduct. The Teacher's Manual is available electronically on a CD or via email. Please contact Beth Hall at [email protected] to request a copy. PowerPoint slides are available upon adoption. Sample slides from the full, 249-slide presentation are available to view here. Email [email protected] for more information.
How did the United States, a nation known for protecting the “right to remain silent” become notorious for condoning and using controversial tactics like water boarding and extraordinary rendition to extract information? What forces determine the laws that define acceptable interrogation techniques and how do they shift so quickly from one extreme to another? In Confessions of Guilt, esteemed scholars George C. Thomas III and Richard A. Leo tell the story of how, over the centuries, the law of interrogation has moved from indifference about extreme force to concern over the slightest pressure, and back again. The history of interrogation in the Anglo-American world, they reveal, has been a swinging pendulum rather than a gradual continuum of violence. Exploring a realist explanation of this pattern, Thomas and Leo demonstrate that the law of interrogation and the process of its enforcement are both inherently unstable and highly dependent on the perceived levels of threat felt by a society. Laws react to fear, they argue, and none more so than those that govern the treatment of suspected criminals. From England of the late eighteenth century to America at the dawn of the twenty-first, Confessions of Guilt traces the disturbing yet fascinating history of interrogation practices, new and old, and the laws that govern them. Thomas and Leo expertly explain the social dynamics that underpin the continual transformation of interrogation law and practice and look critically forward to what their future might hold.
- Represents the latest advances of the role of psychological factors in inducing potentially unreliable self-incriminating behavior - Chapters are authored by a diverse group psychologists, criminologists, and legal scholars who have contributed significantly to the collective understanding of the pressures that insidiously operate when the goal of law enforcement is to elicit self-incriminating behavior from suspected criminals - Reviews and analyzes the extant literature in this area as well as discussing how this knowledge can be used to help bring about needed changes in the legal system
When Teresa Halbach went missing and was presumed dead, the police targeted Steven Avery for the crime. But Avery’s 16-year-old nephew Brendan Dassey told the police that he saw Halbach driving away from Avery’s property the day she supposedly was murdered. This version of events would be devastating to the state’s case if it ever reached Avery’s jury. The police decided to interrogate young Dassey again. For their next go-around they questioned him four times in 48 hours—each time without an adult present and often without reading him his Miranda rights. During this process, the interrogators not only coerced the learning-disabled child into changing his story, but they also got him to confess to participating in the murder! Even though Dassey’s so-called confession was contradicted by all of the physical evidence, the jury believed it and found him guilty. Now, more than a decade after the trial, the saga lives on. Although a federal district court reversed Dassey’s conviction, a flip-flopping federal appeals court eventually reversed the reversal. Dassey remains convicted and incarcerated; the Supreme Court of the United States is his last hope. Anatomy of a False Confession: The Interrogation and Conviction of Brendan Dassey answers several questions, including: Why did Dassey agree to talk to his interrogators in the first place? Why weren’t they required to read him his Miranda rights? Most significantly, how did the interrogators get Dassey to confess to a crime he did not commit? If Dassey was innocent, where did he get the details for his so-called confession? Why did the jury ignore the physical evidence and convict Dassey of murder? And why did the federal courts reverse Dassey’s conviction, only to reverse their own reversal? Anatomy of a False Confession takes the reader inside the interrogation room and inside the courtroom to expose the interrogators’ tricks, the prosecutors’ ploys, and the judicial sleight of hand that conspired to put Dassey behind bars—probably for the rest of his life. The book also discusses several ways that the law should be reformed to avoid future injustices.
A comprehensive collection on police and policing, written by experts in political theory, sociology, criminology, economics, law, public health, and critical theory.