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The Gatehouses And Mansions: 50 Years Later, Richard Leo, K. Alexa Koenig
The Gatehouses And Mansions: 50 Years Later, Richard Leo, K. Alexa Koenig
Richard A. Leo
In 1965, Yale Kamisar authored “Equal Justice in the Gatehouses and Mansions of American Criminal Procedure,” an article that would come to have an enormous impact on the development of criminal procedure and American norms of criminal justice. Today, that article is a seminal work of scholarship, hailed for “playing a significant part in producing some of the [Warren] Court’s most important criminal-procedure decisions” (White 2003-04), including Miranda v. Arizona. The most influential concept Kamisar promoted may have been his recognition of a gap that loomed between the Constitutional rights actualized in mansions (courts) versus gatehouses (police stations). Kamisar passionately …
United States Supreme Court Amicus Curiae Brief Filed By Richard A. Leo In Florida V. Powell, 130 S. Ct. 1195, Richard Leo
United States Supreme Court Amicus Curiae Brief Filed By Richard A. Leo In Florida V. Powell, 130 S. Ct. 1195, Richard Leo
Richard A. Leo
This amicus brief, filed in Florida v. Powell, 130 S. Ct. 1195 (2010), addresses the question of whether a suspect is adequately informed of his right to the presence of counsel during custodial interrogation when advised only of his "right to talk to a lawyer before answering any of our questions."
Miranda, Confessions, And Justice: Lessons For Japan?, Richard Leo
Miranda, Confessions, And Justice: Lessons For Japan?, Richard Leo
Richard A. Leo
This chapter explores whether a Miranda-like warning and waiver regime could be successfully implemented in Japan. The chapter reviews the social science and legal scholarship on Miranda's impact on American interrogation practices and suspect behavior, concluding that most American suspects continue to waive their rights and law enforcement personnel continue to obtain a high number of confessions and convictions. Next, the chapter discusses the contemporary law and practice of interrogation in Japan. In Japan, interrogation appears to be routinely psychologically coercive and virtually all defendants make either partial admissions or full confessions to alleged offenses. Confessions are regarded as superior …