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Articles 1 - 10 of 10
Full-Text Articles in Law
Selling Confession: Setting The Stage With The "Sympathetic Detective With A Time-Limited Offer", Richard Leo, Deborah Davis, William C. Follette
Selling Confession: Setting The Stage With The "Sympathetic Detective With A Time-Limited Offer", Richard Leo, Deborah Davis, William C. Follette
Richard A. Leo
The effectiveness of an interrogation tactic dubbed the “sympathetic detective with a time limited offer” was tested. Participants read two versions of an interrogation transcript, with and without the tactic. Those who read the sympathetic detective version believed the detective had greater authority to determine whether and with what to charge the suspect, more beneficent intentions toward the suspect, and viewed confession as more wise. However, regression analyses indicated that for innocent suspects, only perceptions of the strength of evidence against the suspect and the detective’s beneficence and authority predicted the perceived wisdom of false confession. Interrogation tactics were generally …
The Three Errors: Pathways To False Confession And Wrongful Conviction, Richard A. Leo, Steven A. Drizin
The Three Errors: Pathways To False Confession And Wrongful Conviction, Richard A. Leo, Steven A. Drizin
Richard A. Leo
Research has demonstrated that false confessors whose cases are not dismissed before trial are often convicted despite their innocence. In order to prevent such wrongful convictions, criminal justice officials must better understand the role that false confessions play in creating and perpetuating miscarriages of justice. This chapter examines police-induced false confessions and analyzes three sequential errors that occur in the social production of every false confession: investigators first misclassify an innocent person as guilty; they next subject him to a guilt-presumptive, accusatory interrogation that invariably involves lies about evidence and often the repeated use of implicit and/or explicit promises and …
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 …
Moving Targets: Placing The Good Faith Doctrine In The Context Of Fragmented Policing, Hadar Aviram, Richard Leo, Jeremy Seymour
Moving Targets: Placing The Good Faith Doctrine In The Context Of Fragmented Policing, Hadar Aviram, Richard Leo, Jeremy Seymour
Richard A. Leo
The debate sparked by Herring v. United States is a microcosm of the quintessential debate about the scope of the Fourth Amendment’s exclusionary rule and ultimately the appropriate breadth of police authority and constitutional review by courts. Offering a new reading of the decision, this article argues that Herring reflects a healthy dosage of real politik and an acknowledgement that American policing is characterized by a fragmented, localized structure with little overview and control, and much reliance on local agencies. Part I presents the authors’ interpretation of Herring as a case hinging upon the question “who made the mistake?” as …
Commentary: Overcoming Judicial Preferences For Person- Versus Situation-Based Analyses Of Interrogation-Induced Confessions, Deborah Davis, Richard Leo
Commentary: Overcoming Judicial Preferences For Person- Versus Situation-Based Analyses Of Interrogation-Induced Confessions, Deborah Davis, Richard Leo
Richard A. Leo
This article identifies some fundamentally mistaken assumptions underlying admissibility decisions favoring disposition-related expert testimony regarding individual vulnerability to false confession over situation-based testimony describing how the context or nature of interrogation can promote false confessions. The authors argue that it is important to understand both the forces of influence within police interrogations and the individual differences that enhance vulnerability to these forces. Most false confessions occur in the context of interrogation and in response to the sources of distress and persuasive tactics of the interrogation. For this reason, this article suggests that experts asked to evaluate an interrogation-induced confession should …
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
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 …
Interrogation Through Pragmatic Implication: Sticking To The Letter Of The Law While Violating Its Intent, Deborah Davis, Richard A. Leo
Interrogation Through Pragmatic Implication: Sticking To The Letter Of The Law While Violating Its Intent, Deborah Davis, Richard A. Leo
Richard A. Leo
In response to increasing evidence that police interrogation procedures can and do elicit false confessions from innocent suspects, American Courts have offered guidelines intended to protect suspects from coercive interrogations and to ensure the voluntariness and reliability of any confessions obtained. However, faced with legal prohibitions against police promotion of suspect confessions through use of physical coercion or explicit incentives for confession, American police interrogation tactics have evolved to rely on the use of pragmatic implication to nevertheless convey strong incentives for suspects to confess guilt—practices that have essentially diluted or circumvented the intended protections and that have continued to …
One Hundred Years Later: Wrongful Convictions After A Century Of Research, Richard Leo
One Hundred Years Later: Wrongful Convictions After A Century Of Research, Richard Leo
Richard A. Leo
In this article the authors analyze a century of research on the causes and consequences of wrongful convictions in the American criminal justice system while explaining the many lessons of this body of work. This article chronicles the range of research that has been conducted on wrongful convictions; examines the common sources of error in the criminal justice system and their effects; suggests where additional research and attention are needed; and discusses methodological strategies for improving the quality of research on wrongful convictions. The authors argue that traditional sources of error (eyewitness misidentification, false confessions, perjured testimony, forensic error, tunnel …
Police Interrogation And Coercion In Domestic American History: Lessons For The War On Terror, Richard Leo, K. Alexa Koenig
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 …
Three Prongs Of The Confession Problem: Issues And Proposed Solutions, Deborah Davis, Richard Leo
Three Prongs Of The Confession Problem: Issues And Proposed Solutions, Deborah Davis, Richard Leo
Richard A. Leo
Many cases could not be successfully prosecuted without a confession, and, in the absence of a confession, many would be much more costly to investigate and to develop other evidence sufficient to convict. Responding to this pressure to reliably elicit confessions from their suspects, the police have developed sophisticated psychological techniques to accomplish two goals: to induce suspects to submit to questioning without an attorney, and to induce them to confess. Unfortunately, these methods are sufficiently powerful to induce false as well as true confessions and to render them involuntary. Further, because they are based upon often subtle, yet sophisticated …