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Articles 1 - 14 of 14
Full-Text Articles in Law
Police-Induced Confessions: Risk Factors And Recommendations, Saul M. Kassin, Steven A. Drizin, Thomas Grisso, Gisli H. Gudjonsson, Richard A. Leo, Allison D. Redlich
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 …
Shaping Modern Sentencing: Three Giants, Steven Chanenson, Mark Miller
Shaping Modern Sentencing: Three Giants, Steven Chanenson, Mark Miller
Steven L. Chanenson
No abstract provided.
What Do Potential Jurors Know About Police Interrogation Techniques And False Confessions?, Richard Leo, Brittany Liu
What Do Potential Jurors Know About Police Interrogation Techniques And False Confessions?, Richard Leo, Brittany Liu
Richard A. Leo
Psychological police interrogation methods in America inevitably involve some level of pressure and persuasion to achieve their goal of eliciting confessions of guilt from custodial suspects. In this article, we surveyed potential jurors about their perceptions of a range of psychological interrogation techniques, the likelihood that such techniques would elicit a true confession from guilty suspects and the likelihood that such techniques could elicit a false confession from innocent suspects. Participants recognized that these interrogation techniques may be psychologically coercive and may elicit true confessions, but that psychologically coercive interrogation techniques are not likely to elicit false confessions. The findings …
The Next Era Of Sentencing Reform ... Revisited, Steven Chanenson, Mark Bergstrom, Frank Dermody, Jordan Hyatt
The Next Era Of Sentencing Reform ... Revisited, Steven Chanenson, Mark Bergstrom, Frank Dermody, Jordan Hyatt
Steven L. Chanenson
No abstract provided.
Federal Criminal Discovery: Handbook Regarding Exculpatory & Impeachment Material, R. Michael Cassidy, Douglas Woodlock, Leo Sorokin
Federal Criminal Discovery: Handbook Regarding Exculpatory & Impeachment Material, R. Michael Cassidy, Douglas Woodlock, Leo Sorokin
R. Michael Cassidy
No abstract provided.
Prosecuting Domestic Violence: A Philosophical Analysis, Michelle Dempsey
Prosecuting Domestic Violence: A Philosophical Analysis, Michelle Dempsey
Michelle Madden Dempsey
The main question which motivates the inquiry undertaken in this book is: what should public prosecutors do when victims withdraw support for domestic violence prosecutions? The answer defended herein can be summarized as follows: within the realm of justified (permissible) action, prosecutors should respond effectively; which is to say that, ceteris paribus, domestic-violence prosecutors should respond as feminists. This claim is intended as a provocative formulation of the proposition that domestic violence prosecutors should act for reasons generated by the value of reconstituting their states (and communities) as less patriarchal. This book defends that claim in two steps: first, it …
A Comparative Examination Of The Purpose Of The Criminal Justice System, James Diehm
A Comparative Examination Of The Purpose Of The Criminal Justice System, James Diehm
James W. Diehm
A recent Gallup poll found that only 20% of Americans have a substantial amount of confidence in our criminal justice system, a 14% decline from only four years ago. Since the legitimacy of our criminal justice system depends upon the public’s confidence in that system, this is matter of great concern. As a result of my acquaintance with both our system and the inquisitorial system used in Europe and elsewhere, I am aware of the specific areas that lead the American public to distrust our process and the way in which those areas are dealt with in the inquisitorial system. …
Handling A Case With Potential Criminal Problems, Including Dealing With Nonfilers, T. Fogg
Handling A Case With Potential Criminal Problems, Including Dealing With Nonfilers, T. Fogg
T. Keith Fogg
No abstract provided.
Lawyers And The War, Robert Power
Hydraulic Pressures And Slight Deviations, Erik Luna
In Support Of Restorative Justice And Reply, Erik Luna
In Support Of Restorative Justice And Reply, Erik Luna
Erik Luna
No abstract provided.
Jurors Believe Interrogation Tactics Are Not Likely To Elicit False Confessions: Will Expert Witness Testimony Inform Them Otherwise?, Iris Blandon-Gitlin, Kathryn Sperry, Richard Leo
Jurors Believe Interrogation Tactics Are Not Likely To Elicit False Confessions: Will Expert Witness Testimony Inform Them Otherwise?, Iris Blandon-Gitlin, Kathryn Sperry, Richard Leo
Richard A. Leo
Situational factors – in the form of interrogation tactics – have been reported to unduly influence innocent suspects to confess. This study assessed jurors’ perceptions of these factors and tested whether expert witness testimony on confessions informs jury decision-making. In Study 1, jurors rated interrogation tactics on their level of coerciveness and likelihood that each would elicit true and false confessions. Most jurors perceived interrogation tactics to be coercive and likely to elicit confessions from guilty, but not from innocent suspects. This result motivated Study 2 in which an actual case involving a disputed confession was used to assess the …
Psychological And Cultural Aspects Of Interrogations And False Confessions: Using Research To Inform Legal Decision-Making, Richard A. Leo, Mark Costanzo, Netta Shaked-Schroer
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 …
Studying Wrongful Convictions: Learning From Social Science, Richard A. Leo, Jon B. Gould
Studying Wrongful Convictions: Learning From Social Science, Richard A. Leo, Jon B. Gould
Richard A. Leo
There has been an explosion of legal scholarship on wrongful convictions in the last decade, reflecting a growing concern about the problem of actual innocence in the criminal justice system. Yet criminal law and procedure scholars have engaged in relatively little dialogue or collaboration on this topic with criminologists. In this article, we use the empirical study of wrongful convictions to illustrate what criminological approaches—or, more broadly, social science methods—can teach legal scholars. After briefly examining the history of wrongful conviction scholarship, we discuss the limits of the (primarily) narrative methodology of legal scholarship on wrongful convictions. We argue that …