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Confessions of Guilt: From Torture to Miranda and Beyond

George C. Thomas III & Richard A. Leo, Confessions of Guilt: From Torture to Miranda and Beyond (Oxford University Press 2012)

Univ. of San Francisco Law Research Paper No. 2013-21

146 Pages Posted: 28 Mar 2013 Last revised: 20 May 2013

George C. Thomas III

Rutgers Law School

Richard A. Leo

University of San Francisco - School of Law

Date Written: 2012

Abstract

This book examines the history of the law of interrogation, beginning with England in the late eighteenth century and ending with an examination of American practices in the years following the September 11 terrorist attacks. The authors explore how the law of interrogation has moved from indifference about extreme force to concern about the slightest pressures on suspects, and back again. They argue that a culture’s perception of threats to its existence is an important determinant of the level of interrogation pressure that its legal system will tolerate. The greater the perceived threat, the more coercion a culture will tolerate to eradicate threats to its existence and control. The book concludes with an examination of the future of the law of interrogation, arguing that, in the United States, the law of interrogation will fracture between investigation of ordinary domestic crime and investigation of terrorism.

The downloadable document includes the following excerpts from the book: Chapter 1, Introduction; Chapter 4, Early American Interrogation Law; Chapter 7, The Miranda Revolution; Chapter 8, Miranda Changes the Confession World; Chapter 9, Miranda Today; Chapter 10, Interrogation Law: The Future?

Suggested Citation

Thomas, George C. and Leo, Richard A., Confessions of Guilt: From Torture to Miranda and Beyond (2012). George C. Thomas III & Richard A. Leo, Confessions of Guilt: From Torture to Miranda and Beyond (Oxford University Press 2012); Univ. of San Francisco Law Research Paper No. 2013-21. Available at SSRN: https://ssrn.com/abstract=2240592

George C. Thomas III

Rutgers Law School ( email )

NJ
United States

Richard A. Leo (Contact Author)

University of San Francisco - School of Law ( email )

2130 Fulton Street
San Francisco, CA 94117
United States

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