Law of Police Interrogation
in G.J.N. Bruinsma & D.L. Weisburd, eds., Encyclopedia of Criminology & Criminal Justice (Springer 2013).
6 Pages Posted: 12 Jul 2012 Last revised: 24 Jun 2014
Date Written: 2012
Abstract
This essay traces the history of the law of police interrogation in the United States, emphasizing that this body of law is largely a product of United States Supreme Court cases interpreting the United States Constitution. The essay reviews the three sections of the Constitution that regulate interrogation practices: the Fifth Amendment, the Due Process Clause of the Fifth and Fourteenth Amendments, and the Sixth Amendment. The essay also explores the Court’s major interrogation-related decisions under each of these constitutional provisions.
Keywords: police interrogation, constitutional law, criminal procedure, Fifth Amendment, Sixth Amendment, Fourteenth Amendment
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