Extending Miranda: Prohibition on Police Lies Regarding the Incriminating Evidence, 54 San Diego Law Review 611 (2017)

Abstract

[enter This article addresses whether lying to suspects during interrogations regarding incriminating evidence is a legitimate deceit. Despite the condemnation of lying, lying to suspects during interrogations is a common phenomenon, and has even been dubbed an “art”. This article argues that lies of this type are illegitimate because they create an increased risk of false confessions and because they force suspects in general, and innocent suspects in particular, to shape their defense in view of false evidence. Consequently, lies infringe upon fundamental principles of constitutional criminal law, such as the right to remain silent, the presumption of innocence, and the imposition of the obligation to prove the accusations on the prosecution. All the arguments against using lies ultimately revolve around the linkage between lies and the obligation imposed on the state to prove guilt.

Keywords: interrogation; lies; burden of proof

JEL Classification: criminal procedure