Speech, Silence, the Body

Peter Brooks

Center for Human Values; Princeton University

May 18, 2010

The demand of Khalid Sheikh Mohammed, at his abortive trial by Guantánamo Military Tribunal, that he be allowed to plead guilty in order to be executed invites us to think further about our rules for confession, and the relation of confessional speech to bodily constraint - in the extreme, to torture. The purpose of this Essay is to use questions raised by the so-called “war on terror” to cast new light on domestic criminal procedure, and the current status of Miranda doctrine in the wake of such cases as Chavez v. Martinez and Missouri v. Seibert.

Keywords: confessions, torture, Miranda v. Arizona, criminal procedure

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Date posted: May 19, 2010 ; Last revised: July 14, 2010

Suggested Citation

Brooks, Peter, Speech, Silence, the Body (May 18, 2010). Available at SSRN: http://ssrn.com/abstract=1610253

Contact Information

Peter Preston Brooks (Contact Author)
Center for Human Values ( email )
Princeton, NJ 08544
United States
Princeton University ( email )
University Center for Human Values
5 Ivy Lane
Princeton, NJ 08544
United States
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