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Selected Works

2016

Interrogation

Articles 1 - 2 of 2

Full-Text Articles in Law

Moving Beyond Miranda: Concessions For Confessions, Scott Howe Dec 2015

Moving Beyond Miranda: Concessions For Confessions, Scott Howe

Scott W. Howe

Abstract: The law governing police interrogation provides perverse incentives. For criminal suspects, the law rewards obstruction and concealment. For police officers, it honors deceit and psychological aggression. For the courts and the rest of us, it encourages blindness and rationalization. This Article contends that the law could help foster better behaviors. The law could incentivize criminals to confess without police trickery and oppression. It could motivate police officers involved in obtaining suspect statements to avoid chicanery and duress. And, it could summon courts and the rest of us to speak more truthfully about whether suspect admissions are the product of …

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The Consequences Today Of The United States' Brutal Post-9/11 Interrogation Techniques, Peter J. Honigsberg Dec 2015

The Consequences Today Of The United States' Brutal Post-9/11 Interrogation Techniques, Peter J. Honigsberg

Peter J Honigsberg

Commentators and researchers have written on the harsh and unlawful tactics that military interrogators employed to obtain actionable intelligence from suspected terrorists following the attacks on September 11, 2001. However, no one has painted the picture of these interrogations through the words of identified and named interrogators. This article does that, by focusing on the words and unique stories of five interrogators. The article then explores the unintended consequences that are still with us today because of the military's enhanced interrogation techniques. Much of the information in this article is not found to this detail anywhere else in the literature, …

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