Police Interrogation and American Justice

Police Interrogation and American Justice
Title Police Interrogation and American Justice PDF eBook
Author Richard A. Leo
Publisher Harvard University Press
Pages 385
Release 2009-09-30
Genre Law
ISBN 0674265351

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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?

Police Interrogation and American Justice

Police Interrogation and American Justice
Title Police Interrogation and American Justice PDF eBook
Author Richard A. Leo
Publisher Harvard University Press
Pages 385
Release 2009-07-01
Genre Law
ISBN 0674033701

Download Police Interrogation and American Justice Book in PDF, Epub and Kindle

"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?

Understanding Police Interrogation

Understanding Police Interrogation
Title Understanding Police Interrogation PDF eBook
Author William Douglas Woody
Publisher NYU Press
Pages 328
Release 2020-03-03
Genre Law
ISBN 1479816574

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Uses techniques from psychological science and legal theory to explore police interrogation in the United States Understanding Police Interrogation provides a single comprehensive source for understanding issues relating to police interrogation and confession. It sheds light on the range of factors that may influence the outcome of the interrogation of a suspect, which ones make it more likely that a person will confess, and which may also inadvertently lead to false confessions. There is a significant psychological component to police interrogations, as interrogators may try to build rapport with the suspect, or trick them into thinking there is evidence against them that does not exist. Also important is the extent to which the interrogator is convinced of the suspect’s guilt, a factor that has clear ramifications for today’s debates over treatment of black suspects and other people of color in the criminal justice system. The volume employs a totality of the circumstances approach, arguing that a number of integrated factors, such as the characteristics of the suspect, the characteristics of the interrogators, interrogation techniques and location, community perceptions of law enforcement, and expectations for jurors and judges, all contribute to the nature of interrogations and the outcomes and perceptions of the criminal justice system. The authors argue that by drawing on this approach we can better explain the likelihood of interrogation outcomes, including true and false confessions, and provide both scholars and practitioners with a greater understanding of best practices going forward.

The Third Degree

The Third Degree
Title The Third Degree PDF eBook
Author Scott D. Seligman
Publisher U of Nebraska Press
Pages 254
Release 2018-01-01
Genre Law
ISBN 1640120602

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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.

American Justice in the Age of Innocence

American Justice in the Age of Innocence
Title American Justice in the Age of Innocence PDF eBook
Author Hillary K. Valderrama
Publisher iUniverse
Pages 460
Release 2011-07-27
Genre Law
ISBN 1462014097

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The exoneration of more than two hundred and fifty people who have been wrongfully convicted makes it clear that Americas criminal justice system isnt foolproof. Its important to understand the causes of wrongful conviction in order to find solutions to this growing problem. Edited by one of the nations leading legal scholars and two of her top students, this collection of essays examines critical issues, including what American justice in the age of innocence looks like; how to implement procedural mechanisms to ensure the integrity of the judicial system while safeguarding the public; whether or not the legal system is doing a good enough job uncovering wrongful convictions. This anthology provides insightful lessons based on cutting-edge research and legal analysis. Wrongful convictions are not a foregone conclusion, but the justice system must break free from a pattern of punishing innocent people and go after the true culprits. Written for judges, lawyers and scholars alike, American Justice in the Age of Innocence educates the public and helps current prisoners who are innocent contest their wrongful convictions.

Interrogations, Confessions, and Entrapment

Interrogations, Confessions, and Entrapment
Title Interrogations, Confessions, and Entrapment PDF eBook
Author G. Daniel Lassiter
Publisher Springer Science & Business Media
Pages 314
Release 2006-07-19
Genre Psychology
ISBN 9780387331515

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Coerced confessions have long been a staple of TV crime dramas, and have also been the subject of recent news stories. The complexity of such situations, however, is rarely explored even in the scientific literature. Now in softcover, Interrogations, Confessions, and Entrapment remains one of the best syntheses of the scientific, legal, and ethical findings in this area, uncovering subtle yet powerful forces that often compromise the integrity of the criminal justice system. Editor G. Daniel Lassiter identifies the exposure of psychological coercion as an emerging frontier in legal psychology, citing its roots in the "third degree" approach of former times, and noting that its techniques carry little scientific validity. A team of psychologists, criminologists, and legal scholars asks—and goes a long way toward answering—important questions such as: - What forms of psychological coercion are involved in interrogation? - Are some people more susceptible to falsely confessing than others? - What are the effects of psychological manipulation on innocent suspects? - Are coercive tactics ever justified with minors? - Can jurors recognize psychological coercion and unreliable confessions? - Can entrapment techniques encourage people to commit crimes? - What steps can law enforcement take to minimize coercion? Throughout this progressive volume, readers will find important research-based ideas for educating the courts, changing policy, and implementing reform, from improving police interrogation skills to better methods of evaluating confession evidence. For the expert witness, legal consultant, or student of forensic psychology, this is material whose relevance will only increase with time.

Anatomy of a False Confession

Anatomy of a False Confession
Title Anatomy of a False Confession PDF eBook
Author Michael D. Cicchini
Publisher Rowman & Littlefield
Pages 249
Release 2018-10-29
Genre Law
ISBN 1538117169

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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.