Abstract

http://ssrn.com/abstract=2215885
 


 



Promoting Accuracy in the Use of Confession Evidence: An Argument for Pretrial Reliability Assessments to Prevent Wrongful Convictions


Richard A. Leo


University of San Francisco - School of Law

Peter J. Neufeld


Benjamin N. Cardozo School of Law - Innocence Project

Steven A. Drizin


Northwestern University - School of Law, Bluhm Legal Clinic; Northwestern University - Center on Wrongful Convictions

Andrew E. Taslitz


American University - Washington College of Law

February 1, 2013

85 Temple Law Review 759 (2013)
Univ. of San Francisco Law Research Paper No. 2013-12
Northwestern Public Law Research Paper No. 13-03

Abstract:     
This article argues that constitutional criminal procedure rules provide insufficient safeguards against the admissibility of false confession evidence that is the product of police contamination. We propose a specific framework, as well as several possible mechanisms, for courts to review and screen the reliability of confession evidence prior to trial. We also offer specific suggestions for how pre-trial reliability assessments for confession evidence could effectively and efficiently work in practice. Finally, we respond to several possible objections to the idea of pre-trial reliability assessments, underscoring that in a variety of contexts trial judges – consistent with their traditional gate keeping role – already routinely prevent evidence with sufficient indicia of unreliability from going to the jury.

Number of Pages in PDF File: 81

Keywords: wrongful conviction, false confession, police contamination, criminal procedure, criminal law, constitutional law, evidence, federal rules of evidence, reliability

Accepted Paper Series


Download This Paper

Date posted: February 12, 2013 ; Last revised: November 2, 2013

Suggested Citation

Leo, Richard A. and Neufeld, Peter J. and Drizin, Steven A. and Taslitz, Andrew E., Promoting Accuracy in the Use of Confession Evidence: An Argument for Pretrial Reliability Assessments to Prevent Wrongful Convictions (February 1, 2013). 85 Temple Law Review 759 (2013); Univ. of San Francisco Law Research Paper No. 2013-12; Northwestern Public Law Research Paper No. 13-03. Available at SSRN: http://ssrn.com/abstract=2215885

Contact Information

Richard A. Leo (Contact Author)
University of San Francisco - School of Law ( email )
2130 Fulton Street
San Francisco, CA 94117
United States
Peter J. Neufeld
Benjamin N. Cardozo School of Law - Innocence Project ( email )
100 Fifth Avenue
New York, NY 10011
United States
Steven A. Drizin
Northwestern University - School of Law, Bluhm Legal Clinic ( email )
375 E. Chicago Ave
Unit 1505
Chicago, IL 60611
United States
312-503-8576 (Phone)
Northwestern University - Center on Wrongful Convictions
375 East Chicago Avenue
Chicago, CA 60611
United States
Andrew E. Taslitz
American University - Washington College of Law ( email )
4801 Massachusetts Avenue N.W.
Washington, DC 20016
United States
Feedback to SSRN


Paper statistics
Abstract Views: 509
Downloads: 194
Download Rank: 86,771

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo6 in 0.485 seconds