Law Commons^™

Observers' Perceptions Of Rapport In Accusatorial Interrogations, Gabriela Rico

Dissertations, Theses, and Capstone Projects

Rapport is widely regarded as a necessary precondition for interrogations and is thought to lay the foundation for the success of later interrogation techniques. In accusatorial contexts in which suspects are often resistant to disclose potentially self-incriminating information, rapport enables interrogators to gain the suspect’s trust, respect, and cooperation. Although the specific psychological mechanisms by which rapport achieves these effects are largely understudied, rapport-building techniques resemble principles of social influence (Goodman-Delahunty & Howes, 2014), specifically persuasion. Techniques such as establishing common ground, engaging in active listening, demonstrating empathy, and disclosing personal information may serve as impression management strategies, which allow …

Quantitative And Qualitative Assessment Of Interrogation Expectations, Shereen R. Lewis

Student Theses

Interrogation expectations (IE) is a construct that suggests expectations of custodial interrogations affect suspects’ Miranda waiver decisions while under interrogation. Prior research has examined IE quantitatively but there has been no prior research examining IE qualitatively. This current research conducted both a quantitative and qualitative analysis of IE using a sample of 335 participants from the United States. This research took the form of an online survey using Prolific (www.prolific.co) to recruit participants, Qualtrics (www.qualtrics.com) to record data, and SPSS and Nvivo to analyze quantitative qualitative data. It was hypothesized that substantial individual variation in IE will be found in …

Provisions Of War Crimes According To The Islamic Legislation And International Law, Abdel-Majid Al Salahin

UAEU Law Journal

The Subject "war crimes" has become one of the contemporary issues at the international levels. It has also became of major concern in the audio and visual media; therefore, it has become a topic worthy of investigation from the points of view of Islamic Law and International Law. The research, therefore, investigated the concept of was crimes and compared the components of war crimes both in Islamic Law and International Law. The research explained the types of war crimes as viewed by Islamic Law, and cited practices which Islamic Law considers as war crimes such as the killing of prisoners, …

Witness For The Self: Miranda V. Arizona’S Political Theology, Graham James Mcaleer

Touro Law Review

No abstract provided.

The Concepts Of Criminal Staging, Its Elements, Methods Of Detection And Investigation N, A. Khakberdiev

Review of law sciences

In the conditions of modernization and reforming of the country, the law- enforcement and judicial-legal reforms are primarily aimed at comprehensive protection of human rights, freedoms and legitimate interests. This is to give the state the role of a chief reformer, to ensure the rule of law, to implement strong social policies, and gradually and gradually. There are also problems with the involvement of preliminary investigations and inquiries. This article analyzes the concept and importance of the investigation, the elements of criminal instances and instances, the investigative activity, the theory of evidence, as well as the methods of detecting and …

Interrogation Parity, Stephen Rushin, Kate Levine

Stephen Rushin

This Article addresses the special interrogation protections afforded exclusively to the police when they are questioned about misconduct. In approximately twenty states, police officers suspected of misconduct are shielded by statutory Law Enforcement Officer Bills of Rights. These statutes frequently limit the tactics investigators can use during interrogations of police officers. Many of these provisions limit the manner and length of questioning, ban the use of threats or promises, require the recording of interrogations, and guarantee officers a reprieve from questioning to tend to personal necessities. These protections, which are available to police but not to ordinary criminal suspects, create …

Linguistic Features Of False Confessions And Confessions Not In Dispute: A Corpus Analysis, Lucrezia Rizzelli

Student Theses

Confessions are considered the gold standard of evidence, and yet many cases of false confessions causing wrongful convictions have come to the surface in the past decades. Currently, a method to identify false confessions does not exist and studies focusing on the content of the confessions have found similarities rather than points of distinction. In this study, we approached confessions from a stylistic rather than qualitative point of view, utilizing corpus analysis to outline the linguistic features of two samples of confessions: false confessions (n=37) and confessions not in dispute (n=98). Subsequently, we created a model …

Interrogating Police Officers, Stephen Rushin, Atticus Deprospo

Faculty Publications & Other Works

This Article empirically evaluates the procedural protections given to police officers facing disciplinary interrogations about alleged misconduct. It demonstrates that state laws and collective bargaining agreements have insulated many police officers from the most successful interrogation techniques.

The first part of this Article builds on previous studies by analyzing a dataset of police union contracts and state laws that govern the working conditions in a substantial cross section of large and midsized American police departments. Many of these police departments provide officers with hours or even days of advanced notice before a disciplinary interrogation. An even larger percentage of these …

Interrogation Parity, Stephen Rushin, Kate Levine

Faculty Publications & Other Works

This Article addresses the special interrogation protections afforded exclusively to the police when they are questioned about misconduct. In approximately twenty states, police officers suspected of misconduct are shielded by statutory Law Enforcement Officer Bills of Rights. These statutes frequently limit the tactics investigators can use during interrogations of police officers. Many of these provisions limit the manner and length of questioning, ban the use of threats or promises, require the recording of interrogations, and guarantee officers a reprieve from questioning to tend to personal necessities. These protections, which are available to police but not to ordinary criminal suspects, create …

Police Interrogations, False Confessions, And Alleged Child Abuse Cases, Richard Leo

University of Michigan Journal of Law Reform

A discussion on false confession cases in the United States.

Implicit Bias In Daily Perceptions And Legal Judgments, Keith B. Maddox, Samuel R. Sommers

University of Michigan Journal of Law Reform

In today’s demonstration, we explored the audience’s positive and negative associations with blacks and whites. The demonstration is an adaptation of the Implicit Association Test (www.projectimplicit.net), a computer-based task designed to explore mental connections between various concepts. Participants were presented with a list of concepts (stereotypically black and white names, pleasant and unpleasant concepts) in a column down the middle of a screen along with the response categories (black/white or Pleasant/Unpleasant) along the left and right sides. When reading a word, participants were asked to categorize it by slapping the knee (left or right) that corresponds to the category displayed …

Child Abuse Evidence: New Perspectives From Law, Medicine, Psychology & Statistics: Question And Answer Session, Kimberly Thomas, Keith B. Maddox, Samuel R. Sommers, Patrick Barnes, Richard Leo

University of Michigan Journal of Law Reform

A transcript of the Question and Answer session during the University of Michigan Journal of Law Reform Symposium, Child Abuse Evidence: New Perspectives from Law, Medicine, Psychology & Statistics.

Newsroom: Closing Guantanamo Isn't Enough 03-14-2016, Jared Goldstein

Life of the Law School (1993- )

No abstract provided.

Fact And Fiction In Constitutional Criminal Procedure, Kathryne M. Young, Christin L. Munsch

South Carolina Law Review

No abstract provided.

United States V. Henry: The Further Expansion Of The Criminal Defendant's Right To Counsel During Interrogations, Kevin T. Kerr

Pepperdine Law Review

Despite the Burger Court's history of judicial conservatism, the Supreme Court in United States v. Henry exceeds the liberality of the Warren Court in the area of criminal defendant rights. The decision in Henry clearly provides further limitations upon the government's ability to conduct interrogations. The author examines the Court's factual and legal analysis of the case, emphasizes how the test established in Henry surpasses the rule promulgated in Massiah, and discusses the decision's impact as well as the curious turnabout of Chief Justice Burger.

Motivations For A Source To Resist An Interrogation: Consequences To The Self Versus Consequences To An Other, Julia Labianca

Open Access Theses & Dissertations

The current research investigated the effect of situational and dispositional factors on a source's decision to confess guilty knowledge of another's actions to an interrogator. The extant literature suggests that potential consequences to the self are a major motivator for decisions to confess or resist an interrogation. Previous research also suggests that the potential consequences to the other person may also influence a source's motivations to confess guilty knowledge. Additionally, personality measures related to interdependence versus personal independence (collectivism and individualism) and individual loyalty may also influence a source's motivations to cooperate with or resist an interrogation. However, few experiments …

Coercion's Common Threads: Addressing Vagueness In The Federal Criminal Prohibitions On Torture By Looking To State Domestic Violence Laws, Sarah H. St. Vincent

Michigan Law Review

Under international law, the United States is obligated to criminalize acts of torture and cruel, inhuman, or degrading treatment. However, the federal criminal torture laws employ several terms whose meanings are so indeterminate that they inhibit the statutes' effectiveness and fail to provide adequate guidance regarding precisely which forms of mistreatment may result in prosecution. These ambiguous terms have given rise to serious and prolonged controversies within the executive branch regarding what torture is-controversies that confirm, and may further compound, the uncertainty of liability under the laws in question.

In order to solve this problem of vagueness and provide definitive …

Detention Operations In Iraq: A View From The Ground, Brian J. Bill

International Law Studies

No abstract provided.

Is The Temple Collapsing: Montejo V. Louisiana And The Extent Of The Right To Counsel In Criminal Proceedings, Adam J. Hegler

South Carolina Law Review

No abstract provided.

Police-Induced Confessions, Risk Factors, And Recommendations: Looking Ahead, Saul M. Kassin, Steven A. Drizin, Thomas Grisso, Gisli H. Gudjonsson, Richard A. Leo, Allison D. Redlich

Richard A. Leo

Reviewing the literature on police-induced confessions, we identified suspect characteristics and interrogation tactics that influence confessions and their effects on juries. We concluded with a call for the mandatory electronic recording of interrogations and a consideration of other possible reforms. The preceding commentaries make important substantive points that can lead us forward—on the effects of videotaping of interrogations on case dispositions; on the study of non-custodial methods, such as the controversial Mr. Big technique; and on an analysis of why confessions, once withdrawn, elicit such intractable responses compared to statements given by child and adult victims. Toward these ends, we …

Police Interrogation And Coercion In Domestic American History: Lessons For The War On Terror, Richard Leo, K. Alexa Koenig

Richard A. Leo

The use of torture during interrogations conducted by U.S. special forces, military police, CIA agents, the FBI, and private contractors during the War on Terror has been widely documented. While many chroniclers of the use of torture have characterized its use as a dramatic break from the past, the use of torture by American interrogators and the tacit sanctioning by U.S. officials are not new. The routine use of torture by American domestic police during the early part of the twentieth century has been largely ignored by scholars who study contemporary uses of torture in the international context. This chapter …

Police-Induced Confessions: Risk Factors And Recommendations, Saul M. Kassin, Steven A. Drizin, Thomas Grisso, Gisli H. Gudjonsson, Richard A. Leo, Allison D. Redlich

Richard A. Leo

Recent DNA exonerations have shed light on the problem that people sometimes confess to crimes they did not commit. Drawing on police practices, laws concerning the admissibility of confession evidence, core principles of psychology, and forensic studies involving multiple methodologies, this White Paper summarizes what is known about police-induced confessions. In this review, we identify suspect characteristics (e.g., adolescence; intellectual disability; mental illness; and certain personality traits), interrogation tactics (e.g., excessive interrogation time; presentations of false evidence; and minimization), and the phenomenology of innocence (e.g., the tendency to waive Miranda rights) that influence confessions as well as their effects on …

Psychological And Cultural Aspects Of Interrogations And False Confessions: Using Research To Inform Legal Decision-Making, Richard A. Leo, Mark Costanzo, Netta Shaked-Schroer

Richard A. Leo

False confessions are a major cause of wrongful convictions. In many countries, physical abuse and torture are still used to extract confessions from criminal suspects. Cultural orientations such as collectivism and power distance may influence the tendency to confess, and a suspect's past experience in a country that uses physical abuse during interrogations may render suspects fearful and more prone to falsely confess. After looking at interrogations outside the United States, we examine the issue of why false confessions sometime occur in the U.S. legal system. We prove an overview of the stages of a typical interrogation and provide a …

Do Rules Of Evidence Apply (Only) In The Courtroom? Deceptive Interrogations In The United States And Germany, Jacqueline E. Ross

Jacqueline E Ross

Scholars who compare common law and civil law countries have long argued that civil law legal systems like Germany do not employ formal rules of evidence comparable to those which govern American courtrooms. The complex and restrictive nature of American evidentiary rules is said to be an artifact of the adversarial process and lay juries, which the legal system does not trust to evaluate evidence dispassionately. Civil law systems that commit fact-finding to mixed panels of lay and professional judges are said to have less need for formal rules of evidence that withhold information from decision-makers.

My essay challenges this …

Research And Expert Testimony On Interrogations And Confessions, Mark Costanzo, Richard Leo

Richard A. Leo

In this chapter, the authors summarize the scholarly literature on false confessions and propose possible solutions to the problem of false confessions. The chapter begins by discussing some of the characteristics and major categories of false confessions. Next, the authors review risk factors that increase the likelihood of false confessions, including youth, cognitive impairment, mental illness, or certain vulnerable personalities. The authors also identify characteristics of the interrogation process that may raise the risk of false confessions and some of the cognitive and emotional factors that may enter into a suspect's decision to make a false confession. The authors describe …

The Electronic Recording Of Criminal Interrogations, Roberto Iraola

University of Richmond Law Review

Should law enforcement officers be required to record, by video or audiotape, custodial interrogations of suspects? If so, how much, the entire interrogation or just the confession? Many prosecutors and police departments maintain that a recording requirement will hamper law enforcement and discourage suspects from talking. Proponents of this measure argue that the recording of interrogations protects against false confessions, augments the effective administration of justice, and serves to improve the relationship between the public and the police.

This article generally examines the developing case law on this question. Because of the incriminating nature of confessions, the article, by way …

Filmmaking In The Precinct House And The Genre Of Documentary Film, Jessica Silbey

Faculty Scholarship

This Article explores side-by-side two contemporary and related film trends: the recent popular enthusiasm over the previously arty documentary film and the mandatory filming of custodial interrogations and confessions.

The history and criticism of documentary film, indeed contemporary movie-going, understands the documentary genre as political and social advocacy (recent examples are Michael Moore's Farenheit 9/11 and Errol Morris's Fog of War). Judges, advocates, and legislatures, however, assume that films of custodial interrogations and confessions reveal a truth and lack a distorting point of view. As this Article explains, the trend at law, although aimed at furthering venerable criminal justice principles, …

A Lie For A Lie: False Confessions And The Case For Reconsidering The Legality Of Deceptive Interrogation Techniques, Miriam S. Gohara

Fordham Urban Law Journal

This Article reviews the law on deceptive interrogation practices, discusses empirical evidence of the role police deception plays in eliciting false confessions and argues that the law should circumscribe interrogation techniques that rely on misrepresentation to induce suspects into incriminating themselves. This Article also asserts that there are good policy reasons, in addition to the increasing exposure of wrongful convictions, which should encourage courts and legislators to proscribe the use of deception by law enforcement in a criminal justice system expressly designed to elicit the truth about a crime.

The Unknown Past Of Lawrence V. Texas, Dale Carpenter

Michigan Law Review

On the night of September 17, 1998, someone called the police to report that a man was going crazy with a gun inside a Houston apartment. When Harris County sheriff's deputies entered the apartment they found no person with a gun but did witness John Lawrence and Tyron Gamer having anal sex. This violated the Texas Homosexual Conduct law, and the deputies hauled them off to jail for the night. Lawyers took the men's case to the Supreme Court and won a huge victory for gay rights. So goes the legend of Lawrence v. Texas. Do not believe it. …

Weighing Poison Fruit, Yale Kamisar

Articles

In the simplest cases involving the exclusion of illegally obtained evidence, the items the defense is trying to suppress, such as drugs found during the search of a suspect's pocket, are direct, or primary, in their relationship to the police action. Thus, if the police have acted unlawfully, the evidence must be excluded from trial.

Many times, however, evidence is derivative, or secondary, in character. For example, an illegal search may turn up a key to an airport locker where the proceeds of a bank robbery are being kept. Or a coerced confession may reveal the place where a suspect …