Was there pressure resulting from state action? Was the state action wrongful? Studies of case law indicate that police tactics like threatening harsh punishment for not confessing or leniency for confessing are coercive. The same study also indicates that misrepresenting evidence, especially scientific evidence (i.e. forensic evidence or lie detector results), are likely to result in an involuntary confession. Assessing the Law of Interrogation Due Process post-Miranda 80% of suspects waive Can use fruits Can use for impeachment Central Park Jogger Innocence Project Innocent people most likely to waive rights to explain way out Social science narratives Data mining Police interrogations Releasing facts no one else could have known Can’t make promises, but trickery is okay Require recording? Prior to formal judicial proceedings: Miranda and 5th amendment rule; not Massiah and 6th 6th doesn’t apply before start of formal judicial proceedings Kirby: The dissent in believed the thrust of the new rules was to any Miranda, “discourage confession at all”. Justice White thought the new rules would increase the number of trials and lead to good many criminals” to not be tried at all or acquitted” “a “either minus these confessions. Very few suspects actually invoke their rights and the rate of confessions is Miranda similar to as it was before A study found that the number of confessions Miranda. only went down 3.8%. But that is still 28,000 criminals. Schulhofer’s study put the number at 0.7%. The New York article discusses several high profile cases in which innocent people falsely confessed during interrogations. As a result of these studies, does do any good? Does it have cultural Miranda significance? Do police even follow the guidelines? Baltimore police 7 steps for getting a waiver on page 676. Another study showed that police actually followed the spirit and letter of and suspects were still agreeing to talk and eventually confess (around Miranda Should be replaced by a statutory requirement to videotape interrogations? Miranda Justice Harlan believed the due process test was sufficient. He didn’t “voluntariness” believe the Fifth Amendment prohibited the use of all pressure to incriminate one’s self. Justice White argued that more flexible procedures should be adopted and not the bright-line rule the majority adopted. “straightjacket” Justice White in his dissent argues that or observers could be required, “transcripts specific time limits, tailored to fit the cause, could be imposed, or other devices could
Was there pressure resulting from state action? Was the state action wrongful? Studies of case law indicate that police tactics like threatening harsh punishment for not confessing or leniency for confessing are coercive. The same study also indicates that misrepresenting evidence, especially scientific evidence (i.e. forensic evidence or lie detector results), are likely to result in an involuntary confession. Assessing the Law of Interrogation Due Process post-Miranda 80% of suspects waive Can use fruits Can use for impeachment Central Park Jogger Innocence Project Innocent people most likely to waive rights to explain way out Social science narratives Data mining Police interrogations Releasing facts no one else could have known Can’t make promises, but trickery is okay Require recording? Prior to formal judicial proceedings: Miranda and 5th amendment rule; not Massiah and 6th Kirby: 6th doesn’t apply before start of formal judicial proceedings The dissent in Miranda, believed the thrust of the new rules was to “discourage any confession at all”. Justice White thought the new rules would increase the number of trials and lead to “a good many criminals” to “either not be tried at all or acquitted” minus these confessions. Very few suspects actually invoke their Miranda rights and the rate of confessions is similar to as it was before Miranda. A study found that the number of confessions only went down 3.8%. But that is still 28,000 criminals. Schulhofer’s study put the number at 0.7%. The New York article discusses several high profile cases in which innocent people falsely confessed during interrogations. As a result of these studies, does Miranda do any good? Does it have cultural significance? Do police even follow the guidelines? Baltimore police 7 steps for getting a waiver on page 676. Another study showed that police actually followed the spirit and letter of Miranda and suspects were still agreeing to talk and eventually confess (around Should Miranda be replaced by a statutory requirement to videotape interrogations? Justice Harlan believed the due process “voluntariness” test was sufficient. He didn’t believe the Fifth Amendment prohibited the use of all pressure to incriminate one’s self. Justice White argued that more flexible procedures should be adopted and not the “straightjacket” bright-line rule the majority adopted. Justice White in his dissent argues that “transcripts or observers could be required, specific time limits, tailored to fit the cause, could be imposed, or other devices could