Interrogation and Confession Judicial Decisions Organized by Subject Matter

Written By: Joseph P. Buckley
Oct 24, 2022

For many years we have published on our website and through our newsletters legal updates of cases which address relevant interview and interrogation issues. In this 504 page document we have attempted to organize hundreds of cases into a number of subject matter categories for easy reference. We have also attached a number of PDFs on related issues that should be helpful. We will continue to update this list on a regular basis.

We do not offer legal advice, but simply report on court decisions in this document.

(Be sure to visit the What’s New column on this website for additional cases and related legal issues.)

Here is the Table of Contents:

Expert testimony on witness credibility

Pre-arrest Silence

Court decisions re inappropriate/impermissible investigator statements

  • References to suspect’s family members
  • Threats
  • Promises

Court decisions re appropriate/permissible investigator statements

  • Accident scenario
  • Deception
  • Minimization
  • Suggestion of reduced charges
  • References to suspect’s family members

Physical factors that render confession inadmissible

Court decisions regarding the testimony of false confession experts

Examples of erroneous testimony regarding the Reid Technique

Value of video recording

  • What the courts say about recording
  • Admissibility of video recorded statements

Interrogation room setting

Length of interrogation

Investigator pattern of practice considerations

Juvenile considerations

Polygraph examination issues

Mental capacity - affect on incriminating statement

  • What constitutes mental retardation?

Attorney negligence re not using false confession expert

Miranda issues

  • Referring to Miranda rights as a formality
  • Miranda on a roadside stop
  • Request for attorney when not in custody
  • Request for a lawyer before advisement of rights
  • Telling suspect his attorney is at the station
  • Fifth warning not required
  • Ambiguous/unambiguous invocation of rights
  • Determining custody
  • When is re-advisement necessary?
  • Do inmates need to be advised of Miranda rights?
  • Incriminating statements to undercover police

Courts and The Reid Technique

The totality of circumstances

False confessions – defendant characteristics

Gudjonsson suggestibility test

Pragmatic implication

Confession corroboration

The complete document is attached as a pdf file, as well as several other related files.

Continue Reading
Interrogation and Confession Judicial Decisions Organized by Subject Matter (3.068 MB) Leo Davis article Reid responses (125.341 KB) Leo deposition testimony with Reid responses (116.749 KB) False Confessions The Issues to be Considered (195.843 KB) What questions should be asked to determine the voluntariness and validity of a subjects confession 1 (69.829 KB)
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