Moving Beyond Miranda: Concessions for Confessions

58 Pages Posted: 25 Aug 2015 Last revised: 7 Jan 2017

See all articles by Scott Howe

Scott Howe

Chapman University, The Dale E. Fowler School of Law

Date Written: August 24, 2015

Abstract

The law governing police interrogation provides perverse incentives. For criminal suspects, the law rewards obstruction and concealment. For police officers, it honors deceit and psychological aggression. For the courts and the rest of us, it encourages blindness and rationalization. This Article contends that the law could help foster better behaviors. The law could incentivize criminals to confess without police trickery and oppression. It could motivate police officers involved in obtaining suspect statements to avoid chicanery and duress. And, it could summon courts and the rest of us to speak more truthfully about whether suspect admissions are the product of informed, intelligent, and voluntary decisions. States could promote these outcomes by providing valuable sentencing concessions to those who confess.

Keywords: Miranda, Fifth Amendment, Self-Incrimination, Interrogation, Confessions, Privilege, Compulsion, Right to Counsel

Suggested Citation

Howe, Scott, Moving Beyond Miranda: Concessions for Confessions (August 24, 2015). Northwestern University Law Review, Vol. 110, Forthcoming; Chapman University, Fowler Law Research Paper No. 15-11. Available at SSRN: https://ssrn.com/abstract=2650222

Scott Howe (Contact Author)

Chapman University, The Dale E. Fowler School of Law ( email )

One University Drive
Orange, CA 92866-1099
United States

Register to save articles to
your library

Register

Paper statistics

Downloads
116
Abstract Views
2,667
rank
238,821
PlumX Metrics