Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
A Comprehensive Analysis Of The History Of Interrogation Law, With Some Shots Directed At Miranda V. Arizona, Tracey Maclin
A Comprehensive Analysis Of The History Of Interrogation Law, With Some Shots Directed At Miranda V. Arizona, Tracey Maclin
Faculty Scholarship
Police interrogation is designed to convict suspects under arrest or those suspected of crime. It does not matter that the suspect may not be guilty; interrogation is instigated to obtain an incriminating statement that will help convict the suspect. While many are quick to defend what are considered the “respectable freedoms” embodied in the Constitution — freedom of speech, freedom of the press, and freedom of religion — few champion the Fifth Amendment’s bar against compelled self-incrimination, popularly known as the “right to remain silent,” as a basis for a suspect’s right to resist police questioning. Although it has been …
Involuntary Confessions And Article 35, Criminal Procedure Code, Stanley Z. Fisher
Involuntary Confessions And Article 35, Criminal Procedure Code, Stanley Z. Fisher
Faculty Scholarship
Improper methods of police interrogation are known to every country in the world. And everywhere, it is agreed that an accused's confession of guilt which has been procured through physical violence, psychological intimidation, or improper inducements or promises cannot be considered in evidence against him at trial. The primary reason why involuntary confessions are excluded from evidence is that they are unreliable indices of truth; men have been known to admit crimes of which they are innocent, simply to escape the pain of torture or to obtain an irresistible benefit.