The Rise and Fall of the Right of Silence
The Rise and Fall of the Right of Silence

Author: Hannah Quirk

Publisher: Routledge

Published: 2016-11-25

Total Pages: 226

ISBN-13: 113600808X

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Within an international context in which the right to silence has long been regarded as sacrosanct, this book provides the first comprehensive, empirically-based analysis of the effects of curtailing the right to silence. The right to silence has served as the practical expression of the principles that an individual was to be considered innocent until proven guilty, and that it was for the prosecution to establish guilt. In 1791, the Fifth Amendment to the US Constitution proclaimed that none ‘shall be compelled in any criminal case to be a witness against himself’. In more recent times, the privilege against self-incrimination has been a founding principle for the International Criminal Court, the new South African constitution and the ad hoc International Criminal Tribunals for Rwanda and the former Yugoslavia. Despite this pedigree, over the past 30 years when governments have felt under pressure to combat crime or terrorism, the right to silence has been reconsidered (as in Australia), curtailed (in most of the United Kingdom) or circumvented (by the creation of the military tribunals to try the Guantánamo detainees). The analysis here focuses upon the effects of the Criminal Justice and Public Order Act 1994 in England and Wales. There, curtailing the right to silence was advocated in terms of ‘common sense’ policy-making and was achieved by an eclectic borrowing of concepts and policies from other jurisdictions. The implications of curtailing this right are here explored in detail with reference to England, Wales and Northern Ireland, but within a comparative context that examines how different ‘types’ of legal systems regard the right to silence and the effects of constitutional protection.

Get the Truth
Get the Truth

Author: Philip Houston

Publisher: St. Martin's Press

Published: 2015-03-24

Total Pages: 289

ISBN-13: 1466841397

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Getting someone to tell the truth is an essential skill that very few people possess. In the boardroom, classroom, or our own homes, every day we interact with others and try to get the truth from them. People are often untruthful out of fear of negative consequences associated with divulging information. But if a person is made to forget the long-term outcomes of lying, he or she can be influenced to disclose sensitive information that's being withheld. The aim is to encourage the person to remain in short-term thinking mode, shifting focus away from the long-term ramifications of telling the truth. As former CIA agents and bestselling authors of Spy the Lie, Philip Houston, Mike Floyd, and Susan Carnicero are among the world's best at detecting deceptive behavior and eliciting the truth from even the most accomplished liars. Get the Truth is a step-by-step guide that empowers readers to elicit the truth from others. It also chronicles the fascinating story of how the authors used a methodology Houston developed to elicit the truth in the counterterrorism and criminal investigation realms, and how these techniques can be applied to our daily lives. Using thrilling anecdotes from their careers in counterintelligence, and with easy-to-follow instructions, the authors provide a foolproof means of getting absolutely anybody to give an honest answer. Get the Truth is the easy and effective way to learn how to get the truth every time.

Introduction to Criminal Investigation
Introduction to Criminal Investigation

Author: Michael Birzer

Publisher: CRC Press

Published: 2018-07-31

Total Pages: 390

ISBN-13: 1439897484

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The manner in which criminal investigators are trained is neither uniform nor consistent, ranging from sophisticated training protocols in some departments to on-the-job experience alongside senior investigators in others. Ideal for students taking a first course in the subject as well as professionals in need of a refresher, Introduction to Criminal Investigation uses an accessible format to convey concepts in practical, concrete terms. Topics discussed include: The history of criminal investigation in Western society Qualifications for becoming an investigator, the selection process, and ideal training requirements Crime scene search techniques, including planning and post-search debriefing Preparing effective field notes and investigative reports Interviewing and interrogating Types of evidence found at the crime scene and how to collect, package, and preserve it The contributions of forensic science to criminal investigations and the equipment used in crime labs Investigative protocol for a range of crimes, including property crimes, auto theft, arson, financial crimes, homicide, assault, sex crimes, and robbery Specialized investigations, including drug trafficking, cybercrime, and gang-related crime Legal issues involved in criminal investigations and preparing a case for trial Bringing together contributions from law enforcement personnel, academics, and attorneys, the book combines practical and theoretical elements to provide a comprehensive examination of today‘s criminal investigative process. The accessible manner in which the information is conveyed makes this an ideal text for a wide-ranging audience.

Effective Interviewing and Interrogation Techniques
Effective Interviewing and Interrogation Techniques

Author: Nathan J. Gordon

Publisher: Elsevier

Published: 2006-01-18

Total Pages: 309

ISBN-13: 0080477461

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Effective Interviewing and Interrogation Techniques, Second Edition, is completely revised and updated so as to cover all the information a student needs to know to obtain answers from a witness, a victim, or a suspect and how to interpret these answers with the utmost accuracy. Building on the previous edition's ground-breaking search for truth in criminal and non-criminal investigations, this book contains five new chapters which include coverage of false confessions, interviewing the mentally challenged, and the ethics of interrogation in a post 9/11 world. This new edition includes highly illustrated chapters with topics ranging from the psycho-physiological basis of the forensic assessment to preparation for the interview/interrogation; question formulation; projective analysis of unwitting verbal clues; interviewing children and the mentally challenged; and pre-employment interviewing. Also included are several model worksheets and documents, case studies, and complete instructions for using the authors' Integrated Interrogation Technique, a 10-point, highly successful approach to obtaining confessions that can stand up in court. The book concludes with an insightful look at the future of truth verification. This book will be of benefit to attorneys, coroners, detectives, educators, forensic psychophysiologists (lie detection), human resource professionals, intelligence professionals, and investigators as well as journalists/authors, jurists, medical professionals, psychological professionals, researchers, and students. - Expanded coverage of Statement Analysis, including actual statements from real cases.- New photos to aid in assessing nonverbal behavior.- Added section on assessment of written statements.

The Cambridge Handbook of Policing in the United States
The Cambridge Handbook of Policing in the United States

Author: Tamara Rice Lave

Publisher: Cambridge University Press

Published: 2019-07-04

Total Pages: 615

ISBN-13: 1108420559

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A comprehensive collection on police and policing, written by experts in political theory, sociology, criminology, economics, law, public health, and critical theory.

Criminal Interrogation and Confessions
Criminal Interrogation and Confessions

Author: Fred Edward Inbau

Publisher:

Published: 1967

Total Pages: 236

ISBN-13: 9780683043044

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Lead author Inbau has died since the 1986 third edition, but his colleagues, all with a Chicago law firm, provide yet another update of the reference first published in 1962, a year before the Miranda decision forced a quick second edition. They continue to explain the Reid Technique of interviewing and interrogation, first developed in the 1940s and 1950s, as it is currently used and understood. A new chapter discusses distinguishing between true and false confessions. The information could be helpful to lawyers and judges as well as investigators. c. Book News Inc.

Police Interrogation and American Justice
Police Interrogation and American Justice

Author: Richard A. Leo

Publisher: Harvard University Press

Published: 2009-07-01

Total Pages: 385

ISBN-13: 0674033701

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"Read him his rights." We all recognize this line from cop dramas. But what happens afterward? In this book, Richard Leo sheds light on a little-known corner of our criminal justice system--the police interrogation. Incriminating statements are necessary to solve crimes, but suspects almost never have reason to provide them. Therefore, as Leo shows, crime units have developed sophisticated interrogation methods that rely on persuasion, manipulation, and deception to move a subject from denial to admission, serving to shore up the case against him. Ostensibly aimed at uncovering truth, the structure of interrogation requires that officers act as an arm of the prosecution. Skillful and fair interrogation allows authorities to capture criminals and deter future crime. But Leo draws on extensive research to argue that confessions are inherently suspect and that coercive interrogation has led to false confession and wrongful conviction. He looks at police evidence in the court, the nature and disappearance of the brutal "third degree," the reforms of the mid-twentieth century, and how police can persuade suspects to waive their Miranda rights. An important study of the criminal justice system, Police Interrogation and American Justice raises unsettling questions. How should police be permitted to interrogate when society needs both crime control and due process? How can order be maintained yet justice served?

Do Exclusionary Rules Ensure a Fair Trial?
Do Exclusionary Rules Ensure a Fair Trial?

Author: Sabine Gless

Publisher: Springer

Published: 2019-04-17

Total Pages: 387

ISBN-13: 3030125203

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This open access publication discusses exclusionary rules in different criminal justice systems. It is based on the findings of a research project in comparative law with a focus on the question of whether or not a fair trial can be secured through evidence exclusion. Part I explains the legal framework in which exclusionary rules function in six legal systems: Germany, Switzerland, People’s Republic of China, Taiwan, Singapore, and the United States. Part II is dedicated to selected issues identified as crucial for the assessment of exclusionary rules. These chapters highlight the delicate balance of interests required in the exclusion of potentially relevant information from a criminal trial and discusses possible approaches to alleviate the legal hurdles involved.