A Lie for a Lie: False Confessions and the Case for Reconsidering the Legality of Deceptive Interrogation Techniques
Gohara, Miriam S.
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- 2020State v. Baker. Haw.
- 2016Gray v. Commonwealth Ky.
- 2014State v. Fernandez-Torres Kan. Ct. App.
- 2010Gerald Dewayne Butler v. State Tex. App.
- 2008State v. Montejo La.
- 2008State v. Holmes La.
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Abstract
This Article reviews the law on deceptive interrogation practices, discusses empirical evidence of the role police deception plays in eliciting false confessions and argues that the law should circumscribe interrogation techniques that rely on misrepresentation to induce suspects into incriminating themselves. This Article also asserts that there are good policy reasons, in addition to the increasing exposure of wrongful convictions, which should encourage courts and legislators to proscribe the use of deception by law enforcement in a criminal justice system expressly designed to elicit the truth about a crime.