Tuesday, October 29, 2013
Brandon L. Garrett (University of Virginia School of Law) has posted Remaining Silent after Salinas (University of Chicago Law Review, Vol. 80, 2013) on SSRN. Here is the abstract:
In its ruling last Term in Salinas v Texas, the Supreme Court further eroded what little remains of the Fifth Amendment jurisprudence protecting against coercive police questioning of suspects. In this short piece for the University of Chicago Law Review's online Dialogue, I explore the Salinas decision and its implications. I argue that the result encourages precisely the types of informal, undocumented questioning that can cause false confessions and wrongful convictions.