Extending Miranda: Prohibition on Police Lies Regarding the Incriminating Evidence, 54 San Diego Law Review 611 (2017)

43 Pages Posted: 2 May 2018

See all articles by Rinat Kitai-Sangero

Rinat Kitai-Sangero

Zefat Academic College; Zefat Academic College

Date Written: April 16, 2018

Abstract

[enter This article addresses whether lying to suspects during interrogations regarding incriminating evidence is a legitimate deceit. Despite the condemnation of lying, lying to suspects during interrogations is a common phenomenon, and has even been dubbed an “art”. This article argues that lies of this type are illegitimate because they create an increased risk of false confessions and because they force suspects in general, and innocent suspects in particular, to shape their defense in view of false evidence. Consequently, lies infringe upon fundamental principles of constitutional criminal law, such as the right to remain silent, the presumption of innocence, and the imposition of the obligation to prove the accusations on the prosecution. All the arguments against using lies ultimately revolve around the linkage between lies and the obligation imposed on the state to prove guilt.

Keywords: interrogation; lies; burden of proof

JEL Classification: criminal procedure

Suggested Citation

Kitai-Sangero, Rinat, Extending Miranda: Prohibition on Police Lies Regarding the Incriminating Evidence, 54 San Diego Law Review 611 (2017) (April 16, 2018). Available at SSRN: https://ssrn.com/abstract=3163590 or http://dx.doi.org/10.2139/ssrn.3163590

Rinat Kitai-Sangero (Contact Author)

Zefat Academic College ( email )

11 Jerusalem St.
Zefat, 1320611
Israel

Zefat Academic College

11 Jerusalem Street
Zefat
Israel

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