Interrogation and Confession Judicial Decisions Organized by Subject Matter
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.