Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Admissibility (1)
- Children (1)
- Confession (1)
- Confessions (1)
- Crimes (1)
-
- Criminal law (1)
- Custodial interrogations (1)
- Empirical studies (1)
- Evidence (1)
- Film (1)
- Interrogations (1)
- Interviews (1)
- Investigations (1)
- Legislation (1)
- Miranda v. Arizona (1)
- Police (1)
- Popular culture (1)
- Recordings (1)
- Rehnquist (William H.) (1)
- Sexual abuse (1)
- United States Supreme Court (1)
- Videotaping (1)
- Voluntary nature (1)
- Publication
Articles 1 - 3 of 3
Full-Text Articles in Evidence
Filmmaking In The Precinct House And The Genre Of Documentary Film, Jessica Silbey
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, …
Miranda's Reprieve: How Rehnquist Spared The Landmark Confession Case, But Weakened Its Impact, Yale Kamisar
Miranda's Reprieve: How Rehnquist Spared The Landmark Confession Case, But Weakened Its Impact, Yale Kamisar
Articles
June marks the 40th anniversary of one of the most praised, most maligned-and probably one of the most misunderstood-U.S. Supreme Court cases in American history, Miranda v. Arizona. The opinion by Chief Justice Earl Warren conditions police questioning of people in custody on the giving of warnings about the right to remain silent, the right to counsel and the waiver of those rights. 384 U.S. 436. This ruling represents a compromise of sorts between the former elusive, ambiguous and subjective voluntariness/totality-of-the-circumstances test and extreme proposals that would have eliminated police interrogation altogether. But William H. Rehnquist didn't see Miranda that …
Videotaping Investigative Interviews Of Children In Cases Of Child Sexual Abuse: One Community's Approach, Frank E. Vandervort
Videotaping Investigative Interviews Of Children In Cases Of Child Sexual Abuse: One Community's Approach, Frank E. Vandervort
Articles
Legal scholars have long debated the efficacy and necessity of videotaping investigative interviews with children when allegations of child sexual abuse have surfaced. This debate has been advanced from the perspectives of adversaries in the criminal justice system, prosecutors and defense advocates. Absent from this debate has been the perspective of the broader community. This debate has failed to consider how other investigative tools might be used in conjunction with videotaping to advance the interests of the community. Moreover, the debate about videotaping has taken place with little actual data. This Article seeks to accomplish two goals. First, it seeks …