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Title: Miranda's Waning Protections: Police Interrogation Practices After Dickerson by Welsh S. White ISBN: 0-472-08941-2 Publisher: University of Michigan Press Pub. Date: 01 November, 2003 Format: Paperback Volumes: 1 List Price(USD): $21.95 |
Average Customer Rating: 5 (1 review)
Rating: 5
Summary: Interrogation and "confession" revealed
Comment: Although Miranda's Waning Protections is written by a law professor whose primary audience is lawyers or law students, the book is surprisingly accessible to lay readers. The book describes how Miranda v. Arizona (1966) limited police interrogation practices, and how court decisions since then have watered down its original intent. Even for readers lacking a legal background, the account of how the Supreme Court tries to balance law enforcement's interest in obtaining confessions with protecting individuals against abusive interrogation practices is engaging and interesting. And, White explains why Miranda, as interpreted by the current Supreme Court, provides scant protection for individuals subjected to police interrogation.
Several parts of the book provide detailed accounts of police interrogations, the kinds of tactics police interrogators use, and
why these strategies sometimes lead to false confessions.
Some of these accounts, though horrifying, are fascinating reading. In Chapter 12, White provides excerpts from the taped interrogation of Peter Reilly, a teenager accused of murdering his mother, and his subsequent false confession. This really happens, though it happens to read like a TV script.
Chapter 7, "How modern interrogators have adapted to Miranda," shows police strategies that negate the effect of the Miranda warnings. White presents a stark and disturbing picture of exhausted suspects who are interrogated, and sometimes tortured, for hours without intermission. Mentally disabled suspects are tricked into confessing to crimes they didn't commit.
The author provides at least a sketch of some unforgettable
characters who participated in the struggle: Fred Inbau, who
fervently believed that the Interrogation Manuals he wrote for the
police would only result in truthful and fairly obtained confessions; Yale Kamisar, the law professor who eloquently defended the rights of suspects; and the "indefatigable" Paul Cassell who zealously sought to overturn Miranda.
After explaining the problems with Miranda and other cases
governing police interrogation practices, the author proposes some
sensible remedies. Perhaps the most interesting, in its simplicity, is a procedure under which most police interrogations would be video-taped so at least judges will be in a better position to determine whether or not the police have employed abusive practices to obtain a confession and whether the suspect's confession appears to be in fact truthful.
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Title: The Criminal Law Handbook: Know Your Rights, Survive the System (Criminal Law Handbook, 5th Ed) by Paul Bergman, Sara J. Berman-Barrett ISBN: 0873379284 Publisher: Nolo.com Pub. Date: 01 March, 2003 List Price(USD): $34.99 |
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Title: Origins of the Fifth Amendment: The Right Against Self-Incrimination by Leonard W. Levy, Leonard, W. Levy ISBN: 1566632706 Publisher: Ivan R Dee, Inc. Pub. Date: 01 September, 1999 List Price(USD): $18.95 |
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Title: Restoring the Lost Constitution: The Presumption of Liberty by Randy Barnett ISBN: 0691115850 Publisher: Princeton University Press Pub. Date: 01 February, 2004 List Price(USD): $32.50 |
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Title: A Stone of Hope: Prophetic Religion and the Death of Jim Crow by David L. Chappell ISBN: 080782819X Publisher: University of North Carolina Press Pub. Date: 01 November, 2003 List Price(USD): $34.95 |
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Title: Library: An Unquiet History by Matthew Battles ISBN: 0393020290 Publisher: W.W. Norton & Company Pub. Date: June, 2003 List Price(USD): $24.95 |
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