Police Interrogation and American Justice

Author: Richard A Leo

Publisher: Harvard University Press

ISBN: 0674033701

Category: Law

Page: 384

View: 5028

Read him his rights. We all recognize this line from cop dramas. But what happens afterward? In this book, Leo sheds light on a little-known corner of our criminal justice system--the police interrogation. An important study of the criminal justice system, this book provides interesting answers and raises some unsettling questions.
Posted in Law

Police Interrogation and American Justice

Author: Richard A Leo

Publisher: Harvard University Press

ISBN: 0674035313

Category: Law

Page: 374

View: 5473

Read him his rights. We all recognize this line from cop dramas. But what happens afterward? In this book, Leo sheds light on a little-known corner of our criminal justice system--the police interrogation. An important study of the criminal justice system, this book provides interesting answers and raises some unsettling questions.
Posted in Law

Police Interrogation and American Justice

Author: Richard A Leo

Publisher: Harvard University Press

ISBN: 9780674026483

Category: History

Page: 374

View: 9173

Read him his rights. We all recognize this line from cop dramas. But what happens afterward? In this book, Leo sheds light on a little-known corner of our criminal justice system--the police interrogation. An important study of the criminal justice system, this book provides interesting answers and raises some unsettling questions.
Posted in History

Police Interrogations and False Confessions

Current Research, Practice, and Policy Recommendations

Author: G. Daniel Lassiter,Christian A. Meissner

Publisher: Amer Psychological Assn

ISBN: 9781433807435

Category: Law

Page: 249

View: 8415

Although it is generally believed that wrongful convictions based on false confessions are relatively rare-the 1989 Central Park jogger "wilding" case being the most notorious example-recent exonerations of the innocent through DNA testing are increasing at a rate that few in the criminal justice system might have speculated. Because of the growing realization of the false confession phenomenon, psychologists, sociologists, and legal/law-enforcement scholars and practitioners have begun to examine the factors embedded in American criminal investigations and interrogations that may lead innocent people to implicate themselves in crimes they did not commit. Police Interrogations and False Confessions brings together a group of renowned scholars and practitioners in the fields of social psychology, cognitive psychology, developmental psychology, criminology, clinical-forensic psychology, and law to examine three salient dimensions of false confessions: interrogation tactics and the problem of false confessions; review of Supreme Court decisions regarding Miranda warnings and custodial interrogations; and new research on juvenile confessions and deception in interrogative interviews. Chapters include well-recognized programs of research on the topics of interrogative interviewing, false confessions, the detection of deception in forensic interviews, individual differences, and clinical-forensic evaluations. The book concludes with policy recommendations to attenuate the institutional and social psychological persistence (and pervasiveness) of the various inducements and impediments that have informed law enforcement's interrogation techniques and the types of false confessions they encourage.
Posted in Law

Kids, Cops, and Confessions

Inside the Interrogation Room

Author: Barry C. Feld

Publisher: NYU Press

ISBN: 1479816388

Category: Law

Page: 351

View: 5158

Juveniles possess less maturity, intelligence, and competence than adults, heightening their vulnerability in the justice system. For this reason, states try juveniles in separate courts and use different sentencing standards than for adults. Yet, when police bring kids in for questioning, they use the same interrogation tactics they use for adults, including trickery, deception, and lying to elicit confessions or to produce incriminating evidence against the defendants. In Kids, Cops, and Confessions, Barry Feld offers the first report of what actually happens when police question juveniles. Drawing on remarkable data, Feld analyzes interrogation tapes and transcripts, police reports, juvenile court filings and sentences, and probation and sentencing reports, describing in rich detail what actually happens in the interrogation room. Contrasting routine interrogation and false confessions enables police, lawyers, and judges to identify interrogations that require enhanced scrutiny, to adopt policies to protect citizens, and to assure reliability and integrity of the justice system. Feld has produced an invaluable look at how the justice system really works.
Posted in Law

How the Police Generate False Confessions

An Inside Look at the Interrogation Room

Author: James L. Trainum

Publisher: Rowman & Littlefield

ISBN: 1442244658

Category: Law

Page: 308

View: 8169

Despite the rising number of confirmed false confession cases, most people have a hard time grasping why someone would confess to a crime they did not commit, or even why a guilty person would admit to something that could put them in jail for life. How the Police Generate False Confessions takes you inside the interrogation room, exposing the tactics that law enforcement uses to make confessions happen. James L. Trainum reveals how innocent people can become suspects and then confessed criminals even when they have not committed a crime. Using real stories, he looks at the inherent coerciveness of the interrogation process and why so many false confessions contain so many of the details that only the true perpetrator would know. More disturbingly, the book examines how these same processes corrupt witness and victim statements, create lying informants and cooperators, and induce innocent people to plead guilty. Trainum also offers recommendations for change in the U.S. by looking at how other countries are changing the process to prevent such miscarriages of justice. The reasons that people falsely confess can be complex and varied; throughout How the Police Generate False Confessions Trainum encourages readers to critically evaluate confessions on their own by gaining a better understanding of the interrogation process.
Posted in Law

Unfair

The New Science of Criminal Injustice

Author: Adam Benforado

Publisher: Crown

ISBN: 0770437761

Category: LAW

Page: 379

View: 8835

"A crusading legal scholar exposes the powerful psychological forces that undermine our criminal justice system--and affect us all Our nation is founded on the notion that the law is impartial, that legal cases are won or lost on the basis of evidence, careful reasoning and nuanced argument. But they may, in fact, turn on the temperature of the courtroom, the camera angle of a defendant's taped confession, or a simple word choice or gesture during a cross-examination. In Unfair, law professor Adam Benforado shines a light on this troubling new research, showing, for example, that people with certain facial features receive longer sentences and that judges are far more likely to grant parole first thing in the morning. In fact, over the last two decades, psychologists and neuroscientists have uncovered many cognitive forces that operate beyond our conscious awareness--and Benforado argues that until we address these hidden biases head-on, the social inequality we see now will only widen, as powerful players and institutions find ways to exploit the weaknesses in our legal system. Weaving together historical examples, scientific studies, and compelling court cases--from the border collie put on trial in Kentucky to the five teenagers who falsely confessed in the Central Park Jogger case--Benforado shows how our judicial processes fail to uphold our values and protect society's weakest members, convicting the innocent while letting dangerous criminals go free. With clarity and passion, he lays out the scope of the problem and proposes a wealth of reforms that could prevent injustice and help us achieve true fairness and equality before the law"--
Posted in LAW

Blind Injustice

A Former Prosecutor Exposes the Psychology and Politics of Wrongful Convictions

Author: Mark Godsey

Publisher: Univ of California Press

ISBN: 0520287959

Category: Criminal justice, Administration of

Page: 244

View: 2108

In this unprecedented view from the trenches, prosecutor turned champion for the innocent Mark Godsey takes us inside the frailties of the human mind as they unfold in real-world wrongful convictions. Drawing upon shocking, yet true, stories from his own career, Godsey shares how innate psychological flaws and the "tough on crime" political environment experienced by judges, police, prosecutors, defense attorneys, and juries can cause investigations to go awry, leading to the convictions of innocent people. Each chapter explores a distinct psychological human weakness inherent in the criminal justice system--confirmation bias, memory malleability, credibility-determining errors, tunnel vision, cognitive dissonance, bureaucratic denial, "group think" mindsets, and dehumanization--and then illustrates each human weakness with true stories from Godsey's time as a prosecutor and innocence lawyer. Part confessional, Godsey takes us back to his days as a hard-nosed prosecutor and brings to life the law enforcement mindset that leads to wrongful convictions in a way unprecedented. This book also analyzes the criminal justice system's internal political pressures. How does the fact that judges, sheriffs, and prosecutors are elected officials impact how they view cases, especially since re-elections are based on showing tough stance on crime? How can defense attorneys provide appropriate support for their clients when many are overworked and underpaid? And how do juries overcome their own bias that those in power or with influence--police, prosecutors, and expert witnesses--know more about what the evidence means? Godsey sheds a harsh light on the unintentional yet routine injustices committed by those charged with upholding justice. Yet in the end, he recommends structural, procedural, and attitudinal changes that can hopefully restore justice to the criminal justice system.
Posted in Criminal justice, Administration of

The Miranda Debate

Law, Justice, and Policing

Author: Richard A. Leo,George Conner Thomas

Publisher: UPNE

ISBN: 9781555533380

Category: Law

Page: 339

View: 6927

This cogent, well-balanced anthology contains a diverse range of key writings on the complex issues raised by the United States Supreme Court's controversial 1966 ruling in Miranda v. Arizona. One of the most significant and influential judicial decisions on criminal procedure, Miranda remains at the forefront of today's debate about defendants' constitutional rights and crime control. The book contains four sections, each with an introduction by the volume editors that places the essays within a broader social context. The first section reviews the pre-Miranda law of confessions, Ernest Miranda's crime and his victim, the Miranda decision, and the ways in which the courts and police adjusted to the ruling. The second section explores the ethical, legal, and public policy dimensions of Miranda. Section three examines how Miranda works (or doesn't work) in the real-world setting of police interrogation and considers radically different interpretations of the empirical evidence. The book concludes with insightful discussions on the challenges and dilemmas that are likely to shape the future of Miranda.
Posted in Law

Criminal Interrogation and Confessions

Author: Fred E. Inbau,John E. Reid,Joseph P. Buckley,Brian C. Jayne

Publisher: Jones & Bartlett Publishers

ISBN: 076379936X

Category: Law

Page: 469

View: 829

Criminal Interrogation and Confessions, Fifth Edition presents the Reid Technique of interviewing and interrogation and is the standard used in the field. This updated Fifth Edition presents interviewing and interrogation techniques, based on actual criminal cases, which have been used successfully by thousands of criminal investigators. This practical text is built around simple psychological principles and examines interrogation as a nine-step process that is easily understood by the reader. New and Key Features of the updated Fifth Edition: -The text contains updated photographs throughout to illustrate behavior symptoms; the proper room setting and positioning; as well as the placement of electronic recording equipment. -Every chapter of the text includes updated information. -Chapter 9 (Behavior Symptom Analysis) contains new research that has been conducted on the efficacy of behavior symptom analysis, as well as building for the reader the behavioral model of the truthful individual versus the subject who is withholding or fabricating relevant information. -Chapters 7 through 12 discuss in detail how to build the investigative interview, including the proper use of both investigative and behavior provoking questions, as well as guidelines for evaluating the credibility of allegations, and the proper use of follow-up and bait questions. -Chapter 15 (Distinguishing between True and False Confessions) has been updated to include new cases throughout and contains two new sections; "The Issue of False Confessions in the Courtroom – The Testimony of Expert Witnesses" and “The Issue of False Confessions in the Courtroom – Court Decisions”. -Chapter 17 discusses all of the legal issues related to interrogation and confession law, including Miranda, the meaning of custody, the use of threats and/or promises, the use of deception, and confession voluntariness. The chapter contains update legal references including 2011 court decisions.
Posted in Law

Street Legal

A Guide to Pre-trial Criminal Procedure for Police, Prosecutors, and Defenders

Author: Ken Wallentine

Publisher: American Bar Association

ISBN: 9781590318225

Category: Law

Page: 383

View: 5658

This 396-page book provides specific guidance on pre-trial criminal procedure of all sorts, and explains in understandable terms what you can do and what you can't do under 4th Amendment search and seizure law. From traffic checkpoints and forceful felony arrest, from Miranda warnings to inmate and cell searches, it's all covered in this concise reference. In addition, numerous charts and guides are included throughout the book to make this as practical a guide as possible.
Posted in Law

Interrogation

Techniques And Tricks To Secure Evidence

Author: Anonymous

Publisher: Paladin Press

ISBN: 9780873646253

Category: Political Science

Page: 88

View: 3641

Used by the Royal Canadian Mounted Police to train interrogators, this manual details the insidious methods by which the "mounties" elicit confessions after all fair and legal tactics have been exhausted. Must reading for every police officer, as well as for every citizen who might one day, innocent or guilty, sit across the table from an interrogator.
Posted in Political Science

Not Guilty

Are the Acquitted Innocent?

Author: Daniel Givelber,Amy Farrell

Publisher: NYU Press

ISBN: 0814732178

Category: Social Science

Page: 211

View: 6577

“A brilliant book that masterfully debunks the conventional wisdom that those who are charged with crimes in our criminal justice system, even when they are acquitted at trial, are almost certainly guilty. It is a data-driven tour de force.” --Richard A. Leo, author of Police Interrogation and American Justice “Givelber and Farrell make a persuasive case that most jury acquittals are based on evidence not emotion, and that acquittals should be taken to mean what they say: that the defendant is Not Guilty.” --Samuel Gross, co-author of A Modern Approach to Evidence: Text, Problems, Transcripts, and Cases As scores of death row inmates are exonerated by DNA evidence and innocence commissions are set up across the country, conviction of the innocent has become a well-recognized problem. But our justice system makes both kinds of errors—we acquit the guilty and convict the innocent—and exploring the reasons why people are acquitted can help us to evaluate the efficiency and fairness of our criminal justice system. Not Guilty provides a sustained examination and analysis of the factors that lead juries to find defendants “not guilty,” as well as the connection between those factors and the possibility of factual innocence, examining why some criminal trials result in not guilty verdicts and what those verdicts suggest about the accuracy of our criminal process.
Posted in Social Science

Practical Aspects of Interview and Interrogation

Author: David E. Zulawski,Douglas E. Wicklander

Publisher: Taylor & Francis US

ISBN: 9780849311536

Category: Criminal investigation

Page: 523

View: 9172

Written by two experts who have conducted more than 15,000 interviews and interrogations from theft to homicide, this book covers the entire sequence of events that occur during the interview and interrogation process. The authors present their method in a cookbook fashion, allowing the flexibility to select a number of different paths to interrogating a suspect.
Posted in Criminal investigation

Interrogations, Confessions, and Entrapment

Author: G. Daniel Lassiter

Publisher: Springer Science & Business Media

ISBN: 0387385983

Category: Psychology

Page: 290

View: 8687

- Represents the latest advances of the role of psychological factors in inducing potentially unreliable self-incriminating behavior - Chapters are authored by a diverse group psychologists, criminologists, and legal scholars who have contributed significantly to the collective understanding of the pressures that insidiously operate when the goal of law enforcement is to elicit self-incriminating behavior from suspected criminals - Reviews and analyzes the extant literature in this area as well as discussing how this knowledge can be used to help bring about needed changes in the legal system
Posted in Psychology

In Doubt

The Psychology of the Criminal Justice Process

Author: Dan Simon

Publisher: Harvard University Press

ISBN: 0674065115

Category: Law

Page: 420

View: 7718

Criminal justice is unavoidably human. Detectives, witnesses, suspects, and victims shape investigations; prosecutors, defense attorneys, jurors, and judges affect the outcome of adjudication. Simon shows how flawed investigations produce erroneous evidence and why well-meaning juries send innocent people to prison and set the guilty free.
Posted in Law

Miranda's Waning Protections

Police Interrogation Practices after Dickerson

Author: Welsh S. White

Publisher: University of Michigan Press

ISBN: 0472026062

Category: Law

Page: 240

View: 9091

Did the Supreme Court's upholding of Miranda in 2000 adversely impact law enforcement, as conservatives have complained, or was it a reaffirmation of individual rights? Welsh S. White looks at both sides of the issue, emphasizing that Miranda represents just one stage in the Court's ongoing struggle to accommodate a fundamental conflict between law enforcement and civil liberties, and assessing whether the Court's present decisions (including Miranda) strike an appropriate balance between promoting law enforcement's interest in obtaining reliable evidence and the individual's interest in being protected from overreaching police practices. Welsh S. White is Professor of Law, University of Pittsburgh School of Law. He is best known for his work on capital punishment and has published and lectured on the death penalty for the past twenty years.
Posted in Law

Kafka's Law

"The Trial" and American Criminal Justice

Author: Robert P. Burns

Publisher: University of Chicago Press

ISBN: 022616747X

Category: Law

Page: 186

View: 6402

Franz Kafka s vision of the Law in "The Trial "is so strange, arbitrary, and unjust that it would seem to be the antithesis of our own. Yet, that is what makes Robert Burns latest book so compelling. Robert Burns brilliantly shows that Kakfa s masterpiece provides an uncanny lens through which to see and understand the American criminal justice system today. It provokes a shock of recognition that makes us see it in a very different light. Assuming no prior knowledge of Kafka s book, Burns tells the story, at once funny and grim, of Josef K., caught in the Law s grip and then crushed by it. Laying out the characteristics of Kafka s Law, Burns argues that the American criminal justice system has taken on too many of those same qualities. In the overwhelming majority of cases, our system is composed of police interrogation followed by plea bargaining, where the courts only function is but to set a sentence on an individual already determined to be guilty. Like Kafka s nightmarish vision, too much of our criminal law and procedure has become unknowable, ubiquitous, and bureaucratic. It too has come to rely on deception in dealing with suspects and jurors, to limit the role of defense counsel, and to increasingly dispense justice without the protections of formal procedures. Burns compellingly explains how and why we have become an increasingly punitive society. Finally, he takes up the question of whether we have the resources to change these Kafkaesque aspects of our criminal justice system and shows how the jury trial has that potential, but only if it is returned to a more central place in our system."
Posted in Law

Communication in Investigative and Legal Contexts

Integrated Approaches from Forensic Psychology, Linguistics and Law Enforcement

Author: Gavin Oxburgh,Trond Myklebust,Tim Grant,Rebecca Milne

Publisher: John Wiley & Sons

ISBN: 111876921X

Category: Psychology

Page: 408

View: 6321

Communication in Forensic Contexts provides in-depth coverage of the complex area of communication in forensic situations. Drawing on expertise from forensic psychology, linguistics and law enforcement worldwide, the text bridges the gap between these fields in a definitive guide to best practice. Offers best practice for understanding and improving communication in forensic contexts, including interviewing of victims, witnesses and suspects, discourse in courtrooms, and discourse via interpreters Bridges the knowledge gaps between forensic psychology, forensic linguistics and law enforcement, with chapters written by teams bringing together expertise from each field Published in collaboration with the International Investigative Interviewing Research Group, dedicated to furthering evidence-based practice and practice-based research amongst researchers and practitioners International, cross-disciplinary team includes contributors from North America, Europe and Asia Pacific, and from psychology, linguistics and forensic practice
Posted in Psychology

The Third Degree

The Triple Murder that Shook Washington and Changed American Criminal Justice

Author: Scott D. Seligman

Publisher: U of Nebraska Press

ISBN: 1640120602

Category: History

Page: 216

View: 5739

If you've ever seen an episode of Law and Order, you can probably recite your Miranda rights by heart. But you likely don't know that these rights had their roots in the case of a young Chinese man accused of murdering three diplomats in Washington DC in 1919. A frantic search for clues and dogged interrogations by gumshoes erupted in sensational news and editorial coverage and intensified international pressure on the police to crack the case. Part murder mystery, part courtroom drama, and part landmark legal case, The Third Degree is the true story of a young man's abuse by the Washington police and an arduous, seven-year journey through the legal system that drew in Warren G. Harding, William Howard Taft, Oliver Wendell Holmes, John W. Davis, and J. Edgar Hoover. The ordeal culminated in a sweeping Supreme Court ruling penned by Justice Louis Brandeis that set the stage for the Miranda warning many years later. Scott D. Seligman argues that the importance of the case hinges not on the defendant's guilt or innocence but on the imperative that a system that presumes one is innocent until proven guilty provides protections against coerced confessions. Today, when the treatment of suspects between arrest and trial remains controversial, when bias against immigrants and minorities in law enforcement continues to deny them their rights, and when protecting individuals from compulsory self-incrimination is still an uphill battle, this century-old legal spellbinder is a cautionary tale that reminds us how we got where we are today and makes us wonder how far we have yet to go.
Posted in History