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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 …
Interrogating Guilty Suspects: Why Sipowicz Never Has To Admit He Is Wrong, George C. Thomas Iii, Richard A. Leo
Interrogating Guilty Suspects: Why Sipowicz Never Has To Admit He Is Wrong, George C. Thomas Iii, Richard A. Leo
Richard A. Leo
On the television police drama NYPD Blue, Andy Sipowicz and his colleagues often use threats of physical violence and psychological interrogation tactics to extract confessions from "guilty suspects." Sipowicz is portrayed as a white knight who serves a nobler ideal than respecting the physical integrity of suspects: obtaining justice for innocent victims. Although the television show is fictional, it has implications regarding real-life interrogation tactics used by the police. In this chapter, the authors analyze scenes from NYPD Blue in which the detectives use physical violence, threats of violence, and negative and positive incentive techniques to induce confessions from suspects. …
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 …