Law Commons^™

Confessing In The Human Voice: A Defense Of The Privilege Against Self-Incrimination, Andrew E. Taslitz

School of Law Faculty Publications

ABSTRACT OF CONFESSING IN THE HUMAN VOICE: A DEFENSE OF THE PRIVILEGE AGAINST SELF-INCRIMINATION

By Andrew E. Taslitz

The privilege against self-incrimination has fallen on hard times. Miranda rights shrink, as do those more traditional “core” aspects of the privilege. Partly this is due to an implicit skepticism by the courts about the value of the privilege, despite their occasional explicit words of praise for its role in our constitutional scheme. Scholars largely, though not uniformly, agree that the privilege cannot be justified as a philosophical matter, viewing it as an unfortunate burden we are stuck with because of its …

Bullshitting The People: The Criminal Procedure Implications Of A Scatalogical Term, Andrew E. Taslitz

School of Law Faculty Publications

When, if ever, is it appropriate for the police to lie to members of the American People about their constitutional rights, mislead them about the rights' content, fail to mention them at all, or discourage their exercise? This paper seeks to answer that question by drawing on the philosophical literature on the nature and social value (or harm) of bullshit and on psychological research relevant to the same concept to craft what is ultimate a political position on the question.