Remaining Silent after Salinas

14 Pages Posted: 19 Oct 2013 Last revised: 5 Nov 2013

Brandon L. Garrett

University of Virginia School of Law

Date Written: October 18, 2013

Abstract

In its ruling last Term in Salinas v Texas, the Supreme Court further eroded what little remains of the Fifth Amendment jurisprudence protecting against coercive police questioning of suspects. In this short piece for the University of Chicago Law Review's online Dialogue, I explore the Salinas decision and its implications. I argue that the result encourages precisely the types of informal, undocumented questioning that can cause false confessions and wrongful convictions.

Keywords: Confessions, Interrogations, Miranda

Suggested Citation

Garrett, Brandon L., Remaining Silent after Salinas (October 18, 2013). University of Chicago Law Review, Vol. 80, 2013; Virginia Public Law and Legal Theory Research Paper No. 2013-42. Available at SSRN: https://ssrn.com/abstract=2342264

Brandon L. Garrett (Contact Author)

University of Virginia School of Law ( email )

580 Massie Road
Charlottesville, VA 22903
United States

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