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Meghan M Morris

2011

Criminal Law and Procedure

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The Decision Zone: The New Stage Of Interrogation Created By Berghuis V. Thompkins, Meghan M. Morris Sep 2011

The Decision Zone: The New Stage Of Interrogation Created By Berghuis V. Thompkins, Meghan M. Morris

Meghan M Morris

This essay addresses a new stage of interrogation, approved of for the first time in the Supreme Court’s 2010 decision, Berghuis v. Thompkins. This stage – the “decision zone” – is the period, however brief or prolonged, after officers have read a suspect his rights but before the suspect has decided whether to waive or to invoke his rights. In Thompkins, the Supreme Court allowed interrogation during this stage, which lasted almost 3 hours in that case. Through this decision, the Supreme Court implicitly assented to prolonged interrogation before a suspect decides whether to invoke or to waive his rights, …


The Decision Zone: The New Stage Of Interrogation Created By Berghuis V. Thompkins, Meghan M. Morris Sep 2011

The Decision Zone: The New Stage Of Interrogation Created By Berghuis V. Thompkins, Meghan M. Morris

Meghan M Morris

This essay addresses a new stage of interrogation, approved of for the first time in the Supreme Court’s 2010 decision, Berghuis v. Thompkins. This stage – the “decision zone” – is the period, however brief or prolonged, after officers have read a suspect his rights but before the suspect has decided whether to waive or to invoke his rights. In Thompkins, the Supreme Court allowed interrogation during this stage, which lasted almost 3 hours in that case. Through this decision, the Supreme Court implicitly assented to prolonged interrogation before a suspect decides whether to invoke or to waive his rights, …