Articles

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Reply to Samuel R. Gross and Barbara O'Brien (with Jon Gould), Ohio State Journal of Criminal Law (2011)

In the current issue of the Ohio State Journal of Criminal Law, Professors Sam Gross...

 

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Selling Confession: Setting the Stage with the "Sympathetic Detective with a Time-Limited Offer" (with Deborah Davis and William C. Follette), Journal of Contemporary Criminal Justice (2010)

The effectiveness of an interrogation tactic dubbed the “sympathetic detective with a time limited offer”...

 

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Commentary: Overcoming Judicial Preferences for Person- Versus Situation-Based Analyses of Interrogation-Induced Confessions (with Deborah Davis), Journal of the American Academy of Psychiatry and the Law (2010)

This article identifies some fundamentally mistaken assumptions underlying admissibility decisions favoring disposition-related expert testimony regarding...

 

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Moving Targets: Placing the Good Faith Doctrine in the Context of Fragmented Policing (with Hadar Aviram and Jeremy Seymour), Fordham Urban Law Journal (2010)

The debate sparked by Herring v. United States is a microcosm of the quintessential debate...

 

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One-hundred Years of Getting It Wrong? Wrongful Convictions After a Century of Research, Journal of Criminal Law and Criminology (2010)

In this article the authors analyze a century of research on the causes and consequences...

 

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Police-Induced Confessions, Risk Factors, and Recommendations: Looking Ahead (with Saul M. Kassin, Steven A. Drizin, Thomas Grisso, Gisli H. Gudjonsson, and Allison D. Redlich), Law and Human Behavior (2010)

Reviewing the literature on police-induced confessions, we identified suspect characteristics and interrogation tactics that influence...

 

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The Gatehouses and Mansions: 50 Years Later (with K. Alexa Koenig), The Annual Review of Law and Social Science (2010)

In 1965, Yale Kamisar authored “Equal Justice in the Gatehouses and Mansions of American Criminal...

 

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Police-Induced Confessions: Risk Factors and Recommendations (with Saul M. Kassin, Steven A. Drizin, Thomas Grisso, Gisli H. Gudjonsson, and Allison D. Redlich), Law and Human Behavior (2009)

Recent DNA exonerations have shed light on the problem that people sometimes confess to crimes...

 

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Jurors Believe Interrogation Tactics Are Not Likely To Elicit False Confessions: Will Expert Witness Testimony Inform Them Otherwise? (with Iris Blandon-Gitlin and Kathryn Sperry), Crime, Psychology, & Law (2009)

Situational factors – in the form of interrogation tactics – have been reported to unduly...

 

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What Do Potential Jurors Know About Police Interrogation Techniques and False Confessions? (with Brittany Liu), Behavioral Sciences and the Law (2009)

Psychological police interrogation methods in America inevitably involve some level of pressure and persuasion to...

 

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False Confessions: Causes, Consequences and Implications, The Journal of the American Academy of Psychiatry and the Law (2009)

In the last two decades, hundred of convicted prisoners have been exonerated by DNA and...

 

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From False Confession to Wrongful Conviction: Seven Psychological Processes (with Deborah Davis), Journal of Psychiatry and Law (2009)

A steadily increasing tide of literature has documented the existence and causes of false confession...

 

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Studying Wrongful Convictions: Learning From Social Science (with Jon B. Gould), Ohio State Journal of Criminal Law (2009)

There has been an explosion of legal scholarship on wrongful convictions in the last decade,...

 

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Beating a Bum Rap, Contexts (2004)

This essay focuses on the author's experience as an expert witness in the murder trial...

 

Contributions to Books

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“Interrogation-Related Regulatory Decline:” Ego-Depletion, Failures of Self-Regulation and the Decision to Confess (with Deborah Davis), Forthcoming (2011)

As reflected in rulings ranging from Trial Courts to the U.S. Supreme Court, our judiciary...

 

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Interrogation through Pragmatic Implication: Sticking to the Letter of the Law While Violating its Intent (with Deborah Davis), Oxford Handbook on Language and Law (2010)

In response to increasing evidence that police interrogation procedures can and do elicit false confessions...

 

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Police Interrogation and Coercion in Domestic American History: Lessons for the War on Terror (with K. Alexa Koenig), Torture, Law and War: What Are the Moral and Legal Boundaries of the Use of Coercion in Interrogation? (2010)

The use of torture during interrogations conducted by U.S. special forces, military police, CIA agents,...

 

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The Three Errors: Pathways to False Confession and Wrongful Conviction (with Steven A. Drizin), Interrogations and Confessions: Current Research, Practice, and Policy Recommendations (2010)

Research has demonstrated that false confessors whose cases are not dismissed before trial are often...

 

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Three Prongs of the Confession Problem: Issues and Proposed Solutions (with Deborah Davis), The Future of Evidence (2010)

Many cases could not be successfully prosecuted without a confession, and, in the absence of...

 

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Psychological and Cultural Aspects of Interrogations and False Confessions: Using Research to Inform Legal Decision-Making (with Mark Costanzo and Netta Shaked-Schroer), Psychological Expertise in Court (2009)

False confessions are a major cause of wrongful convictions. In many countries, physical abuse and...

 

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Research and Expert Testimony on Interrogations and Confessions (with Mark Costanzo), Expert Psychological Testimony for the Courts (2007)

In this chapter, the authors summarize the scholarly literature on false confessions and propose possible...

 

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Strategies for Preventing False Confessions and Their Consequences (with Deborah Davis), Practical Psychology for Forensic Investigations and Prosecutions (2006)

Researchers have amply documented that contemporary methods of psychological interrogation can, and sometimes do, lead...

 

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Interrogating Guilty Suspects: Why Sipowicz Never Has to Admit He is Wrong (with George C. Thomas III), What Would Sipowicz Do? Race, Rights, and Redemption in NYPD Blue (2005)

On the television police drama NYPD Blue, Andy Sipowicz and his colleagues often use threats...

 

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The Third Degree and the Origins of Psychological Interrogation in the United States, Interrogations, Confessions, and Entrapment (2004)

This chapter describes and analyzes third degree interrogation in nineteenth- and early twentieth-century America. The...

 

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Miranda, Confessions, and Justice: Lessons for Japan?, The Japanese Adversary System in Context: Controversies and Comparisons (2002)

This chapter explores whether a Miranda-like warning and waiver regime could be successfully implemented in...

 

Other

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United States Supreme Court Amicus Curiae Brief Filed by Richard A. Leo in Florida v. Powell, 130 S. Ct. 1195 (2010)

This amicus brief, filed in Florida v. Powell, 130 S. Ct. 1195 (2010), addresses the...