Using the Innocent to Scapegoat Miranda: Another Reply to Paul Cassell

Abstract:     
This article responds to Paul Cassell's article, Protecting the Innocent from False Confessions and Lost Confessions - And From Miranda. In this article, Cassell suggests an alternative methodology for estimating the annual frequency of wrongful convictions arising from false confessions. The authors argue that Cassell's proposed methodology rests on empirically untenable assumptions and ignores barriers to estimating the harm of improper interrogation methods. Cassell also claims that Miranda requirements present serious risks for innocent suspects. The authors assert that this claim has no empirical foundation.

Keywords: Miranda, Paul Cassell, false confessions, wrongful convictions

Accepted Paper Series