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Point/Counterpoint - Common Misconceptions About Interrogations and Confessions

NCJ Number
105272
Journal
Prosecutor Volume: 20 Issue: 4 Dated: (Spring 1987) Pages: 5-8
Author(s)
F E Inbau
Date Published
1987
Length
4 pages
Annotation
Ten questions and answers explain the requirements of the U.S. Supreme Court's Miranda decision about warnings preceding interrogation and summarize the implications of other Supreme Court decisions for interrogations and confessions.
Abstract
The answers list the four warnings required and explain that custody, rather than focus of suspicion, is the test for whether a Miranda warning must be issued. They also note that warnings need not be repeated unless a long period has elapsed before the resumption of interrogation and point out that oral waivers of Miranda rights are sufficient. Further comments note that suspects who exercise their Miranda rights may waive them later, that noncompliance with the Miranda decision will not always result in a suppressed confession, and that the Miranda decision was not motivated by concern over coercive interrogation. They also explain that interrogators can use trickery or deceit during interrogation and that promises of leniency do not always nullify a confession. Techniques and tactics are given for interrogating emotional and nonemotional suspects whose guilt seems definite or reasonably certain. 22 reference notes.