Proposal for an Objective Standard to Determine Improper Methods of Interrogation: How Far May Interrogators Go to Induce Confessions

摘要

Modern confession law relies on subjective tests of admissibility when excluding confessions. As a result, court rulings are inconsistent, and there is little guidance for police conduct. This thesis proposes that an objective standard will help to clarify confession law. This proposal uses objective unreliability and unconstitutionally obtained Miranda waivers as the basis for improper conduct and grounds for the exclusion of the induced confessions.