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Speech, Silence, the Body

Posted: 19 May 2010 Last revised: 14 Jul 2010

Peter Brooks

Center for Human Values; Princeton University

Date Written: 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

Suggested Citation

Brooks, Peter, Speech, Silence, the Body (May 18, 2010). Available at SSRN:

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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