Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
Lawyer Deception To Uncover Wrongdoing, Lloyd B. Snyder
Lawyer Deception To Uncover Wrongdoing, Lloyd B. Snyder
Law Faculty Articles and Essays
A Colorado district attorney used deception to get a man who had murdered three people and was threatening to kill again to surrender himself to the police. Following this, the Colorado Attorney Regulation Counsel charged the attorney with violating Rules 8.4(c) and 4.3 of the Colorado Rules of Professional Conduct. This article discusses the Rule 8.4(c) charge. Colorado and Ohio have identical provisions in their Codes of Professional Conduct on dishonesty and violations of professional conduct rules.
Lying And Confessing, Christopher Slobogin
Lying And Confessing, Christopher Slobogin
Vanderbilt Law School Faculty Publications
This essay, for a symposium on Citizen Ignorance, Police Deception and the Constitution, relies on moral philosophy and new empirical research in arguing that police deceit during interrogation is permissible when: (1) it takes place in the window between arrest and formal charging; (2) it is necessary (i.e., non-deceptive techniques have failed); (3) it is not coercive (i.e., avoids undermining the rights to silence and counsel and would not be considered impermissibly coercive if true); and (4) it does not take advantage of vulnerable populations (i.e., suspects who are young, have mental retardation, or have been subjected to prolonged interrogation). …