Download or read book The Right to Silence in Police Interrogation written by Roger Leng and published by Stationery Office Books (TSO). This book was released on 1993 with total page 100 pages. Available in PDF, EPUB and Kindle. Book excerpt: Under the present law no person, including a suspect, is obliged to give information to the police in the course of a criminal investigation. But is the use of this right to silence evidence of guilt? Should the law be reformed? Those who argue that it should say that it would allow more effective prosecution and conviction of offenders. This study researches the evidence for this claim and examines the other issues surrounding this debate.
Download or read book Police Interrogation written by Donald J. McLaughlin and published by . This book was released on 1974 with total page 100 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Model Procedures for Police Interrogation written by Gerald M. Caplan and published by DIANE Publishing. This book was released on 1995-09 with total page 30 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides a model policy for police departments to follow in preparing their own interrogation procedures. Provides a detailed discussion of each aspect of the policy, making it suitable for training purposes.
Download or read book Confessions of Guilt written by George C. Thomas III and published by Oxford University Press. This book was released on 2012-04-13 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: How did the United States, a nation known for protecting the “right to remain silent” become notorious for condoning and using controversial tactics like water boarding and extraordinary rendition to extract information? What forces determine the laws that define acceptable interrogation techniques and how do they shift so quickly from one extreme to another? In Confessions of Guilt, esteemed scholars George C. Thomas III and Richard A. Leo tell the story of how, over the centuries, the law of interrogation has moved from indifference about extreme force to concern over the slightest pressure, and back again. The history of interrogation in the Anglo-American world, they reveal, has been a swinging pendulum rather than a gradual continuum of violence. Exploring a realist explanation of this pattern, Thomas and Leo demonstrate that the law of interrogation and the process of its enforcement are both inherently unstable and highly dependent on the perceived levels of threat felt by a society. Laws react to fear, they argue, and none more so than those that govern the treatment of suspected criminals. From England of the late eighteenth century to America at the dawn of the twenty-first, Confessions of Guilt traces the disturbing yet fascinating history of interrogation practices, new and old, and the laws that govern them. Thomas and Leo expertly explain the social dynamics that underpin the continual transformation of interrogation law and practice and look critically forward to what their future might hold.
Download or read book The Case for the Right to Silence written by Susan M. Easton and published by Ashgate Publishing. This book was released on 1998 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: 10. Miscarriages of justice
Download or read book Police Interrogation and American Justice written by Richard A. Leo and published by Harvard University Press. This book was released on 2009-07-01 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Read him his rights." We all recognize this line from cop dramas. But what happens afterward? In this book, Richard Leo sheds light on a little-known corner of our criminal justice system--the police interrogation. Incriminating statements are necessary to solve crimes, but suspects almost never have reason to provide them. Therefore, as Leo shows, crime units have developed sophisticated interrogation methods that rely on persuasion, manipulation, and deception to move a subject from denial to admission, serving to shore up the case against him. Ostensibly aimed at uncovering truth, the structure of interrogation requires that officers act as an arm of the prosecution. Skillful and fair interrogation allows authorities to capture criminals and deter future crime. But Leo draws on extensive research to argue that confessions are inherently suspect and that coercive interrogation has led to false confession and wrongful conviction. He looks at police evidence in the court, the nature and disappearance of the brutal "third degree," the reforms of the mid-twentieth century, and how police can persuade suspects to waive their Miranda rights. An important study of the criminal justice system, Police Interrogation and American Justice raises unsettling questions. How should police be permitted to interrogate when society needs both crime control and due process? How can order be maintained yet justice served?
Download or read book You Have the Right to Remain Innocent written by James J. Duane and published by Little a. This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: An urgent, compact manifesto that will teach you how to protect your rights, your freedom, and your future when talking to police. Law professor James J. Duane became a viral sensation thanks to a 2008 lecture outlining the reasons why you should never agree to answer questions from the police--especially if you are innocent and wish to stay out of trouble with the law. In this timely, relevant, and pragmatic new book, he expands on that presentation, offering a vigorous defense of every citizen's constitutionally protected right to avoid self-incrimination. Getting a lawyer is not only the best policy, Professor Duane argues, it's also the advice law-enforcement professionals give their own kids. Using actual case histories of innocent men and women exonerated after decades in prison because of information they voluntarily gave to police, Professor Duane demonstrates the critical importance of a constitutional right not well or widely understood by the average American. Reflecting the most recent attitudes of the Supreme Court, Professor Duane argues that it is now even easier for police to use your own words against you. This lively and informative guide explains what everyone needs to know to protect themselves and those they love.
Download or read book Is There a Right to Remain Silent written by Alan M. Dershowitz and published by Oxford University Press. This book was released on 2008-05-06 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: The right to remain silent, guaranteed by the famed Fifth Amendment case, Miranda v. Arizona, is perhaps one of the most easily recognized and oft-quoted constitutional rights in American culture. Yet despite its ubiquity, there is widespread misunderstanding about the right and the protections promised under the Fifth Amendment. In Is There a Right to Remain Silent? renowned legal scholar and bestselling author Alan Dershowitz reveals precisely why our Fifth Amendment rights matter and how they are being reshaped, limited, and in some cases revoked in the wake of 9/11. As security concerns have heightened, law enforcement has increasingly turned its attention from punishing to preventing crime. Dershowitz argues that recent Supreme Court decisions have opened the door to coercive interrogations--even when they amount to torture--if they are undertaken to prevent a crime, especially a terrorist attack, and so long as the fruits of such interrogations are not introduced into evidence at the criminal trial of the coerced person. In effect, the court has given a green light to all preventive interrogation methods. By deftly tracing the evolution of the Fifth Amendment from its inception in the Bill of Rights to the present day, where national security is the nation's first priority, Dershowitz puts forward a bold reinterpretation of the Fifth Amendment for the post-9/11 world. As the world we live in changes from a "deterrent state" to the heightened vigilance of today's "preventative state," our construction, he argues, must also change. We must develop a jurisprudence that will contain both substantive and procedural rules for all actions taken by government officials in order to prevent harmful conduct-including terrorism. Timely, provocative, and incisively written, Is There a Right to Remain Silent? presents an absorbing look at one of our most essential constitutional rights at one of the most critical moments in recent American history.
Download or read book Suspicion and Silence written by David Morgan and published by . This book was released on 1994 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Criminal Justice and Public Order Bill includes provisions to restrict a defendant's right to silence in response to police questioning and in the courts. Supporters of this change argue that the right to silence is an anachronistic impediment to justice and its abolition would lead to the conviction of more guilty offenders in the courts. However, there is growing concern that removal of this age-old right will expose suspects to far greater pressures from the police and increase the risks of false confessions and miscarriages of justice.
Download or read book The Right to Silence in Transnational Criminal Proceedings written by Fenella M. W. Billing and published by Springer. This book was released on 2016-09-01 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers the effectiveness and fairness of using international cooperation to obtain confession evidence or evidence of a suspect or accused person’s silence across borders. This is a question of balance in limiting and protecting the right to silence. The functioning of the applicable law in Denmark, England and Wales and Australia is analysed in relation to investigative and trial measures such as police questioning, administrative questioning powers, covert surveillance and the use of silence as evidence of guilt.On the national level, this work examines the way in which domestic rules balance the right to silence in national criminal proceedings, and whether investigative and trial rules produce continuity throughout the criminal proceedings as a whole. From the transnational perspective, comparative legal analysis is used to determine whether the national continuity may be disrupted to such an extent that cooperation in the gathering of confession evidence causes unfairness. From the international perspective, this research compares the right to silence under the ICCPR and the ECHR to identify the overall effect of cooperating under particular human rights frameworks on the question of balance.
Download or read book An Ethics of Interrogation written by Michael Skerker and published by University of Chicago Press. This book was released on 2010-04-12 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: The act of interrogation, and the debate over its use, pervades our culture, whether through fictionalized depictions in movies and television or discussions of real-life interrogations on the news. But despite daily mentions of the practice in the media, there is a lack of informed commentary on its moral implications. Moving beyond the narrow focus on torture that has characterized most work on the subject, An Ethics of Interrogation is the first book to fully address this complex issue.In this important new examination of a controversial subject, Michael Skerker confronts a host of philosophical and legal issues, from the right to privacy and the privilege against compelled self-incrimination to prisoner rights and the legal consequences of different modes of interrogation for both domestic criminal and foreign terror suspects. These topics raise serious questions about the morality of keeping secrets as well as the rights of suspected terrorists and insurgents. Thoughtful consideration of these subjects leads Skerker to specific policy recommendations for law enforcement, military, and intelligence professionals.
Download or read book Police Interrogation written by Pauline Morris and published by . This book was released on 1980 with total page 122 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Benefits of a Right to Silence for the Innocent written by Shmuel Leshem and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This article shows that innocent suspects benefit from exercising their right to silence during criminal proceedings. We present a model in which a criminal suspect can either make a statement or remain silent during police interrogation. At trial, the jury observes informative but imperfect signals about the suspect's guilt and the truthfulness of the suspect's statement. We show that a right to silence benefits innocent suspects by providing them with a safer alternative to speech, as well as by reducing the probability of wrongful conviction for suspects who remain silent with and without a right to silence.
Download or read book Custodial Legal Advice and the Right to Silence written by Michael McConville and published by . This book was released on 1993 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Suspect s Statement written by Martha Komter and published by Cambridge University Press. This book was released on 2019-04-25 with total page 221 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores how suspect statements are elicited in police interrogations, written down and transformed into a document that is cited in court.
Download or read book Criminal Interrogation written by Devallis Rutledge and published by . This book was released on 1994 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Rutledge combines the legal analysis of a prosecuting attorney with the practical experience of a former police officer. He offers dozens of tactical tips in ""plain talk."" Criminal Interrogation covers every aspect of Miranda. Rutledge makes sense of Supreme Court decision issues, while convincingly dispelling many ""Miranda myths"" that have haunted officers for years. This text is an excellent supplemental reader to expand on the topic of interrogation. Your students will come away with a superior understanding of this difficult art."
Download or read book Police Interrogation Language and the Law written by Marianne Mason and published by Cambridge University Press. This book was released on 2023-12-21 with total page 201 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent calls for justice reform have put a spotlight on how the police enforce the law in the United States. How a person's constitutional rights may be legally thwarted during police interrogation, however, has not been part of any meaningful discussion on police reform. This novel book examines the intersections of the law and policing discourse through the detailed analysis of a large corpus of United States federal court rulings, starting with Miranda v. Arizona (1966). It covers a wide range of topics, including the history of police interrogation in the United States, the role of federal law in handicapping a person's ability to invoke their right to counsel, and the invocation game of police interrogation that may lead a variety of suspects to change their discursive preferences. It highlights the need for American police interrogation reform, exploring the paths taken by other jurisdictions outside of the United States. This title is part of the Flip it Open programme and may also be available on open access. Check our website, Cambridge Core, for details.
