Date: Sun, 06 Feb 2000 09:59:11 -0700
From: lawecon@swlink.net ("Craig J. Bolton")
Subject: Re: miranda - some quotes on how cops question to get
To: Like the exclusionary rule in general and the silly doctrine if a "right to privacy" Miranda never much impeded the police from doing whatever they wanted to do. It just gave what they did the air of respectability. They still routinely used interrogation techniques that were classical examples of what use to be called "brainwashing" and they routinely and repeatedly lied to the suspect about the consequences of confessing a crime. The way Miranda turned out was that the cop would chant the warning - as quickly as possible - and then follow it up with "But you really don't want to bring a bloodsucking lawyer or other third parties into this. We can fix it up between ourselves - just you and I. You just tell me what happened and who else was involved and I'll get the judge to either let you off for cooperation or given you a suspended sentence with a little light probation in a closed proceeding. On the other hand, if you don't cooperate and put us to all of the work of finding out what happened on our own, then we'll tell the judge that too, and he'll throw the book at you. Let's see, we've got you down for suspected burglary, how about adding to that destruction of private property, criminal tresspass [name about 20 other offenses on the books that are contained within the acts needed to commit burglary]. You could easily be looking at 50 years of hard time for this shit."

[This goes on for about 2-3 hours, and can proceed even if the guy says he wants a lawyer and doesn't want to say anything - with certain very minor limitations on the use of any resulting confession.]

If you're interested in this sort of thing you can find more online resources by starting at http://www.criminaljustice.org/ . Be warned, however, you should not engage in this sort of activity after eating.

>Case Name MIRANDA V. ARIZONA 384 U.S. 436
>
>NO. 759. ARGUED FEBRUARY 28-MARCH 1, 1966. - DECIDED JUNE 13, 1966.* -
>
>
>one interesting thing is that long before the miranda case the
>fbi almost always gave a warning simular to the miranda warning
>whenever they questioned people. i suspect to cover their butts
>in court.
>
> "'THE STANDARD WARNING LONG GIVEN BY SPECIAL AGENTS OF THE FBI TO
> BOTH SUSPECTS AND PERSONS UNDER ARREST IS THAT THE PERSON HAS A RIGHT
> TO SAY NOTHING AND A RIGHT TO COUNSEL, AND THAT ANY STATEMENT HE DOES
> MAKE MAY BE USED AGAINST HIM IN COURT. EXAMPLES OF THIS WARNING ARE TO
> BE FOUND IN THE WESTOVER CASE AT 342 F.2D 684 (1965), AND JACKSON V.
> U.S., 337 F.2D 136 (1964), CERT. DEN. 380 U.S. 935.
>
>the next paragraph was on the 1st page of the miranda case.
>the cops have never done it when they stopped me.
>
> (E) IF THE INDIVIDUAL INDICATES, PRIOR TO OR DURING QUESTIONING,
> THAT HE WISHES TO REMAIN SILENT, THE INTERROGATION MUST CEASE; IF HE
> STATES THAT HE WANTS AN ATTORNEY, THE QUESTIONING MUST CEASE UNTIL AN
> ATTORNEY IS PRESENT. PP. 473-474.
>
>as i have said in the past when ever im stopped by the cops
>i always tell them i dont want talk to them and i want a lawyer.
>
>in each case execpt when i was shaken down by the tempe cops
>last november the cops have threaten to punish, arrest me, or
>make things difficult if i continued to refuse to answer their questions.
>i was shocked and confused after i told the tempe cop that i didnt
>want to answer any of his questions and i wanted to speak to a lawyer
>and the tempe cop said
>
> "ok them we wont ask you any questions".
>
>i also refused to show them any id and again i was shocked because the
>tempe cop didnt steal my wallet looking for id as cops as the phoenix,
>scottsdale, and mesa cops have done. which is the reason i dont carry id.
>
>but after i was in custody for about an hour another tempe cop, did
>come and question me, demand id, even threatened to arrest me on
>a tempe city code that makes it a crime to not provide cops with id.
>they released me in another 15 minutes even though i still refused
>to tell them my name or give them any id.
>
>the stuff that follows is mostly on the methods the cops used to question
>people and what the judges think about it. its word for word out of
>the miranda case
>
>
>AN UNDERSTANDING OF THE NATURE AND SETTING OF THIS IN-CUSTODY
>INTERROGATION IS ESSENTIAL TO OUR DECISIONS TODAY. THE DIFFICULTY IN
>DEPICTING WHAT TRANSPIRES AT SUCH INTERROGATIONS STEMS FROM THE FACT
>THAT IN THIS COUNTRY THEY HAVE LARGELY TAKEN PLACE INCOMMUNICADO. FROM
>EXTENSIVE FACTUAL STUDIES UNDERTAKEN IN THE EARLY 1930'S, INCLUDING THE
>FAMOUS WICKERSHAM REPORT TO CONGRESS BY A PRESIDENTIAL COMMISSION, IT
>IS CLEAR THAT POLICE VIOLENCE AND THE "THIRD DEGREE" FLOURISHED AT THAT
>TIME. (FN5) IN A SERIES OF CASES DECIDED BY THIS COURT LONG AFTER
>THESE STUDIES, THE POLICE RESORTED TO PHYSICAL BRUTALITY - BEATING,
>HANGING, WHIPPING - AND TO SUSTAINED AND PROTRACTED QUESTIONING
>INCOMMUNICADO IN ORDER TO EXTORT CONFESSIONS. (FN6) THE COMMISSION ON
>CIVIL RIGHTS IN 1961 FOUND MUCH EVIDENCE TO INDICATE THAT "SOME
>POLICEMEN STILL RESORT TO PHYSICAL FORCE TO OBTAIN CONFESSIONS," 1961
>COMM'N ON CIVIL RIGHTS REP., JUSTICE, PT. 5, 17. THE USE OF PHYSICAL
>BRUTALITY AND VIOLENCE IS NOT, UNFORTUNATELY, RELEGATED TO THE PAST OR
>TO ANY PART OF THE COUNTRY. ONLY RECENTLY IN KINGS COUNTY, NEW YORK,
>THE POLICE BRUTALLY BEAT, KICKED AND PLACED LIGHTED CIGARETTE BUTTS ON
>THE BACK OF A POTENTIAL WITNESS UNDER INTERROGATION FOR THE PURPOSE OF
>SECURING A STATEMENT INCRIMINATING A THIRD PARTY. PEOPLE V. PORTELLI,
>15 N.Y.2D 235, 205 N.E.2D 857, 257 N.Y.S.2D 931 (1965). (FN7)
>
>
>THE EXAMPLES GIVEN ABOVE ARE UNDOUBTEDLY THE EXCEPTION NOW, BUT THEY
>ARE SUFFICIENTLY WIDESPREAD TO BE THE OBJECT OF CONCERN. UNLESS A
>PROPER LIMITATION UPON CUSTODIAL INTERROGATION IS ACHIEVED - SUCH AS
>THESE DECISIONS WILL ADVANCE - THERE CAN BE NO ASSURANCE THAT PRACTICES
>OF THIS NATURE WILL BE ERADICATED IN THE FORESEEABLE FUTURE. THE
>CONCLUSION OF THE WICKERSHAM COMMISSION REPORT, MADE OVER 30 YEARS AGO,
>IS STILL PERTINENT:
>
><snip>
>
> NOT ONLY DOES THE USE OF THE THIRD DEGREE INVOLVE A FLAGRANT
>VIOLATION OF LAW BY THE OFFICERS OF THE LAW, BUT IT INVOLVES ALSO THE
>DANGERS OF FALSE CONFESSIONS, AND IT TENDS TO MAKE POLICE AND
>PROSECUTORS LESS ZEALOUS IN THE SEARCH FOR OBJECTIVE EVIDENCE. AS THE
>NEW YORK PROSECUTOR QUOTED IN THE REPORT SAID, 'IT IS A SHORT CUT AND
>MAKES THE POLICE LAZY AND UNENTERPRISING.' OR, AS ANOTHER OFFICIAL
>QUOTED REMARKED: 'IF YOU USE YOUR FISTS, YOU ARE NOT SO LIKELY TO USE
>YOUR WITS.' WE AGREE WITH THE CONCLUSION EXPRESSED IN THE REPORT, THAT
>'THE THIRD DEGREE BRUTALIZES THE POLICE, HARDENS THE PRISONER AGAINST
>SOCIETY, AND LOWERS THE ESTEEM IN WHICH THE ADMINISTRATION OF JUSTICE
>IS HELD BY THE PUBLIC.'" IV NATIONAL COMMISSION ON LAW OBSERVANCE AND
>ENFORCEMENT, REPORT ON LAWLESSNESS IN LAW ENFORCEMENT 5 (1931).
>
>AGAIN WE STRESS THAT THE MODERN PRACTICE OF IN-CUSTODY INTERROGATION
>IS PSYCHOLOGICALLY RATHER THAN PHYSICALLY ORIENTED. AS WE HAVE STATED
>BEFORE, "SINCE CHAMBERS V. FLORIDA, 309 U.S. 227, THIS COURT HAS
>RECOGNIZED THAT COERCION CAN BE MENTAL AS WELL AS PHYSICAL, AND THAT
>THE BLOOD OF THE ACCUSED IS NOT THE ONLY HALLMARK OF AN
>UNCONSTITUTIONAL INQUISITION." BLACKBURN V. ALABAMA, 361 U.S. 199, 206
>(1960). INTERROGATION STILL TAKES PLACE IN PRIVACY. PRIVACY RESULTS
>IN SECRECY AND THIS IN TURN RESULTS IN A GAP IN OUR KNOWLEDGE AS TO
>WHAT IN FACT GOES ON IN THE INTERROGATION ROOMS. A VALUABLE SOURCE OF
>INFORMATION ABOUT PRESENT POLICE PRACTICES, HOWEVER, MAY BE FOUND IN
>VARIOUS POLICE MANUALS AND TEXTS WHICH DOCUMENT PROCEDURES EMPLOYED
>WITH SUCCESS IN THE PAST, AND WHICH RECOMMEND VARIOUS OTHER EFFECTIVE
>TACTICS. (FN8) THESE TEXTS ARE USED BY LAW ENFORCEMENT AGENCIES
>THEMSELVES AS GUIDES. (FN9) IT SHOULD BE NOTED THAT THESE TEXTS
>PROFESSEDLY PRESENT THE MOST ENLIGHTENED AND EFFECTIVE MEANS PRESENTLY
>USED TO OBTAIN STATEMENTS THROUGH CUSTODIAL INTERROGATION. BY
>CONSIDERING THESE TEXTS AND OTHER DATA, IT IS POSSIBLE TO DESCRIBE
>PROCEDURES OBSERVED AND NOTED AROUND THE COUNTRY. THE OFFICERS ARE
>TOLD BY THE MANUALS THAT THE "PRINCIPAL PSYCHOLOGICAL FACTOR
>CONTRIBUTING TO A SUCCESSFUL INTERROGATION IS PRIVACY - BEING ALONE
>WITH THE PERSON UNDER INTERROGATION." (FN10) THE EFFICACY OF THIS
>TACTIC HAS BEEN EXPLAINED AS FOLLOWS: "IF AT ALL PRACTICABLE, THE
>INTERROGATION SHOULD TAKE PLACE IN THE INVESTIGATOR'S OFFICE OR AT
>LEAST IN A ROOM OF HIS OWN CHOICE. THE SUBJECT SHOULD BE DEPRIVED OF
>EVERY PSYCHOLOGICAL ADVANTAGE. IN HIS OWN HOME HE MAY BE CONFIDENT,
>INDIGNANT, OR RECALCITRANT. HE IS MORE KEENLY AWARE OF HIS RIGHTS AND
>MORE RELUCTANT TO TELL OF HIS INDISCRETIONS OR CRIMINAL BEHAVIOR WITHIN
>THE WALLS OF HIS HOME. MOREOVER HIS FAMILY AND OTHER FRIENDS ARE
>NEARBY, THEIR PRESENCE LENDING MORAL SUPPORT. IN HIS OWN OFFICE, THE
>INVESTIGATOR POSSESSES ALL THE ADVANTAGES. THE ATMOSPHERE SUGGESTS THE
>INVINCIBILITY OF THE FORCES OF THE LAW." (FN11)
>
>TO HIGHLIGHT THE ISOLATION AND UNFAMILIAR SURROUNDINGS, THE MANUALS
>INSTRUCT THE POLICE TO DISPLAY AN AIR OF CONFIDENCE IN THE SUSPECT'S
>GUILT AND FROM OUTWARD APPEARANCE TO MAINTAIN ONLY AN INTEREST IN
>CONFIRMING CERTAIN DETAILS. THE GUILT OF THE SUBJECT IS TO BE POSITED
>AS A FACT. THE INTERROGATOR SHOULD DIRECT HIS COMMENTS TOWARD THE
>REASONS WHY THE SUBJECT COMMITTED THE ACT, RATHER THAN COURT FAILURE BY
>ASKING THE SUBJECT WHETHER HE DID IT. LIKE OTHER MEN, PERHAPS THE
>SUBJECT HAS HAD A BAD FAMILY LIFE, HAD AN UNHAPPY CHILDHOOD, HAD TOO
>MUCH TO DRINK, HAD AN UNREQUITED DESIRE FOR WOMEN. THE OFFICERS ARE
>INSTRUCTED TO MINIMIZE THE MORAL SERIOUSNESS OF THE OFFENSE, (FN12) TO
>CAST BLAME ON THE VICTIM OR ON SOCIETY. (FN13) THESE TACTICS ARE
>DESIGNED TO PUT THE SUBJECT IN A PSYCHOLOGICAL STATE WHERE HIS STORY IS
>BUT AN ELABORATION OF WHAT THE POLICE PURPORT TO KNOW ALREADY - THAT HE
>IS GUILTY. EXPLANATIONS TO THE CONTRARY ARE DISMISSED AND
>DISCOURAGED.
>
>THE TEXTS THUS STRESS THAT THE MAJOR QUALITIES AN INTERROGATOR SHOULD
>POSSESS ARE PATIENCE AND PERSERVERANCE. ONE WRITER DESCRIBES THE
>EFFICACY OF THESE CHARACTERISTICS IN THIS MANNER:
>
>"IN THE PRECEDING PARAGRAPHS EMPHASIS HAS BEEN PLACED ON KINDNESS AND
>STRATAGEMS. THE INVESTIGATOR WILL, HOWEVER, ENCOUNTER MANY SITUATIONS
>WHERE THE SHEER WEIGHT OF HIS PERSONALITY WILL BE THE DECIDING FACTOR.
>WHERE EMOTIONAL APPEALS AND TRICKS ARE EMPLOYED TO NO AVAIL, HE MUST
>RELY ON AN OPPRESSIVE ATMOSPHERE OF DOGGED PERSISTENCE. HE MUST
>INTERROGATE STEADILY AND WITHOUT RELENT, LEAVING THE SUBJECT NO
>PROSPECT OF SURCEASE. HE MUST DOMINATE HIS SUBJECT AND OVERWHELM HIM
>WITH HIS INEXORABLE WILL TO OBTAIN THE TRUTH. HE SHOULD INTERROGATE
>FOR A SPELL OF SEVERAL HOURS PAUSING ONLY FOR THE SUBJECT'S NECESSITIES
>IN ACKNOWLEDGMENT OF THE NEED TO AVOID A CHARGE OF DURESS THAT CAN BE
>TECHNICALLY SUBSTANTIATED. IN A SERIOUS CASE, THE INTERROGATION MAY
>CONTINUE FOR DAYS, WITH THE REQUIRED INTERVALS FOR FOOD AND SLEEP, BUT
>WITH NO RESPITE FROM THE ATMOSPHERE OF DOMINATION. IT IS POSSIBLE IN
>THIS WAY TO INDUCE THE SUBJECT TO TALK WITHOUT RESORTING TO DURESS OR
>COERCION. THE METHOD SHOULD BE USED ONLY WHEN THE GUILT OF THE SUBJECT
>APPEARS HIGHLY PROBABLE." (FN14)
>
>THE MANUALS SUGGEST THAT THE SUSPECT BE OFFERED LEGAL EXCUSES FOR HIS
>ACTIONS IN ORDER TO OBTAIN AN INITIAL ADMISSION OF GUILT. WHERE THERE
>IS A SUSPECTED REVENGE-KILLING, FOR EXAMPLE, THE INTERROGATOR MAY SAY:
>
>"JOE, YOU PROBABLY DIDN'T GO OUT LOOKING FOR THIS FELLOW WITH THE
>PURPOSE OF SHOOTING HIM. MY GUESS IS, HOWEVER, THAT YOU EXPECTED
>SOMETHING FROM HIM AND THAT'S WHY YOU CARRIED A GUN - FOR YOUR OWN
>PROTECTION. YOU KNEW HIM FOR WHAT HE WAS, NO GOOD. THEN WHEN YOU MET
>HIM HE PROBABLY STARTED USING FOUL, ABUSIVE LANGUAGE AND HE GAVE SOME
>INDICATION THAT HE WAS ABOUT TO PULL A GUN ON YOU, AND THAT'S WHEN YOU
>HAD TO ACT TO SAVE YOUR OWN LIFE. THAT'S ABOUT IT, ISN'T IT, JOE?"
>(FN15)
>
>HAVING THEN OBTAINED THE ADMISSION OF SHOOTING, THE INTERROGATOR IS
>ADVISED TO REFER TO CIRCUMSTANTIAL EVIDENCE WHICH NEGATES THE SELF
>DEFENSE EXPLANATION. THIS SHOULD ENABLE HIM TO SECURE THE ENTIRE
>STORY. ONE TEXT NOTES THAT "EVEN IF HE FAILS TO DO SO, THE
>INCONSISTENCY BETWEEN THE SUBJECT'S ORIGINAL DENIAL OF THE SHOOTING AND
>HIS PRESENT ADMISSION OF AT LEAST DOING THE SHOOTING WILL SERVE TO
>DEPRIVE HIM OF A SELF-DEFENSE 'OUT' AT THE TIME OF TRIAL." (FN16)
>
>WHEN THE TECHNIQUES DESCRIBED ABOVE PROVE UNAVAILING, THE TEXTS
>RECOMMEND THEY BE ALTERNATED WITH A SHOW OF SOME HOSTILITY. ONE PLOY
>OFTEN USED HAS BEEN TERMED THE "FRIENDLY-UNFRIENDLY" OR THE "MUTT AND
>JEFF" ACT:
>
>" ... IN THIS TECHNIQUE, TWO AGENTS ARE EMPLOYED. MUTT, THE
>RELENTLESS INVESTIGATOR, WHO KNOWS THE SUBJECT IS GUILTY AND IS NOT
>GOING TO WASTE ANY TIME. HE'S SENT A DOZEN MEN AWAY FOR THIS CRIME AND
>HE'S GOING TO SEND THE SUBJECT AWAY FOR THE FULL TERM. JEFF, ON THE
>OTHER HAND, IS OBVIOUSLY A KINDHEARTED MAN. HE HAS A FAMILY HIMSELF.
>HE HAS A BROTHER WHO WAS INVOLVED IN A LITTLE SCRAPE LIKE THIS. HE
>DISAPPROVES OF MUTT AND HIS TACTICS AND WILL ARRANGE TO GET HIM OFF THE
>CASE IF THE SUBJECT WILL COOPERATE. HE CAN'T HOLD MUTT OFF FOR LONG.
>THE SUBJECT WOULD BE WISE TO MAKE A QUICK DECISION. THE TECHNIQUE IS
>APPLIED BY HAVING BOTH INVESTIGATORS PRESENT WHILE MUTT ACTS OUT HIS
>ROLE. JEFF MAY STAND BY QUIETLY AND DEMURE AT SOME OF MUTT'S TACTICS.
>WHEN JEFF MAKES HIS PLEA FOR COOPERATION, MUTT IS NOT PRESENT IN THE
>ROOM." (FN17)
>
>THE INTERROGATORS SOMETIMES ARE INSTRUCTED TO INDUCE A CONFESSION OUT
>OF TRICKERY. THE TECHNIQUE HERE IS QUITE EFFECTIVE IN CRIMES WHICH
>REQUIRE IDENTIFICATION OR WHICH RUN IN SERIES. IN THE IDENTIFICATION
>SITUATION, THE INTERROGATOR MAY TAKE A BREAK IN HIS QUESTIONING TO
>PLACE THE SUBJECT AMONG A GROUP OF MEN IN A LINE-UP. "THE WITNESS OR
>COMPLAINANT (PREVIOUSLY COACHED, IF NECESSARY) STUDIES THE LINE-UP AND
>CONFIDENTLY POINTS OUT THE SUBJECT AS THE GUILTY PARTY." (FN18) THEN
>THE QUESTIONING RESUMES "AS THOUGH THERE WERE NOW NO DOUBT ABOUT THE
>GUILT OF THE SUBJECT." A VARIATION ON THIS TECHNIQUE IS CALLED THE
>"REVERSE LINE-UP":
>
>"THE ACCUSED IS PLACED IN A LINE-UP, BUT THIS TIME HE IS IDENTIFIED
>BY SEVERAL FICTITIOUS WITNESSES OR VICTIMS WHO ASSOCIATED HIM WITH
>DIFFERENT OFFENSES. IT IS EXPECTED THAT THE SUBJECT WILL BECOME
>DESPERATE AND CONFESS TO THE OFFENSE UNDER INVESTIGATION IN ORDER TO
>ESCAPE FROM THE FALSE ACCUSATIONS." (FN19)
>
>THE MANUALS ALSO CONTAIN INSTRUCTIONS FOR POLICE ON HOW TO HANDLE THE
>INDIVIDUAL WHO REFUSES TO DISCUSS THE MATTER ENTIRELY, OR WHO ASKS FOR
>AN ATTORNEY OR RELATIVES. THE EXAMINER IS TO CONCEDE HIM THE RIGHT TO
>REMAIN SILENT. "THIS USUALLY HAS A VERY UNDERMINING EFFECT. FIRST OF
>ALL, HE IS DISAPPOINTED IN HIS EXPECTATION OF AN UNFAVORABLE REACTION
>ON THE PART OF THE INTERROGATOR. SECONDLY, A CONCESSION OF THIS RIGHT
>TO REMAIN SILENT IMPRESSES THE SUBJECT WITH THE APPARENT FAIRNESS OF
>HIS INTERROGATOR." (FN20) AFTER THIS PSYCHOLOGICAL CONDITIONING,
>HOWEVER, THE OFFICER IS TOLD TO POINT OUT THE INCRIMINATING
>SIGNIFICANCE OF THE SUSPECT'S REFUSAL TO TALK:
>
>"JOE, YOU HAVE A RIGHT TO REMAIN SILENT. THAT'S YOUR PRIVILEGE AND
>I'M THE LAST PERSON IN THE WORLD WHO'LL TRY TO TAKE IT AWAY FROM YOU.
>IF THAT'S THE WAY YOU WANT TO LEAVE THIS, O.K. BUT LET ME ASK YOU
>THIS. SUPPOSE YOU WERE IN MY SHOES AND I WERE IN YOURS AND YOU CALLED
>ME IN TO ASK ME ABOUT THIS AND I TOLD YOU, 'I DON'T WANT TO ANSWER ANY
>OF YOUR QUESTIONS.' YOU'D THINK I HAD SOMETHING TO HIDE, AND YOU'D
>PROBABLY BE RIGHT IN THINKING THAT. THAT'S EXACTLY WHAT I'LL HAVE TO
>THINK ABOUT YOU, AND SO WILL EVERYBODY ELSE. SO LET'S SIT HERE AND
>TALK THIS WHOLE THING OVER." (FN21)
>
>FEW WILL PERSIST IN THEIR INITIAL REFUSAL TO TALK, IT IS SAID, IF
>THIS MONOLOGUE IS EMPLOYED CORRECTLY.
>
>IN THE EVENT THAT THE SUBJECT WISHES TO SPEAK TO A RELATIVE OR AN
>ATTORNEY, THE FOLLOWING ADVICE IS TENDERED:
>
>"THE INTERROGATOR SHOULD RESPOND BY SUGGESTING THAT THE SUBJECT FIRST
>TELL THE TRUTH TO THE INTERROGATOR HIMSELF RATHER THAN GET ANYONE ELSE
>INVOLVED IN THE MATTER. IF THE REQUEST IS FOR AN ATTORNEY, THE
>INTERROGATOR MAY SUGGEST THAT THE SUBJECT SAVE HIMSELF OR HIS FAMILY
>THE EXPENSE OF ANY SUCH PROFESSIONAL SERVICE, PARTICULARLY IF HE IS
>INNOCENT OF THE OFFENSE UNDER INVESTIGATION. THE INTERROGATOR MAY ALSO
>ADD, 'JOE, I'M ONLY LOOKING FOR THE TRUTH, AND IF YOU'RE TELLING THE
>TRUTH, THAT'S IT. YOU CAN HANDLE THIS BY YOURSELF.'" (FN22)
>
>FROM THESE REPRESENTATIVE SAMPLES OF INTERROGATION TECHNIQUES, THE
>SETTING PRESCRIBED BY THE MANUALS AND OBSERVED IN PRACTICE BECOMES
>CLEAR. IN ESSENCE, IT IS THIS: TO BE ALONE WITH THE SUBJECT IS
>ESSENTIAL TO PREVENT DISTRACTION AND TO DEPRIVE HIM OF ANY OUTSIDE
>SUPPORT. THE AURA OF CONFIDENCE IN HIS GUILT UNDERMINES HIS WILL TO
>RESIST. HE MERELY CONFIRMS THE PRECONCEIVED STORY THE POLICE SEEK TO
>HAVE HIM DESCRIBE. PATIENCE AND PERSISTENCE, AT TIMES RELENTLESS
>QUESTIONING, ARE EMPLOYED. TO OBTAIN A CONFESSION, THE INTERROGATOR
>MUST "PATIENTLY MANEUVER HIMSELF OR HIS QUARRY INTO A POSITION FROM
>WHICH THE DESIRED OBJECTIVE MAY BE ATTAINED." (FN23) WHEN NORMAL
>PROCEDURES FAIL TO PRODUCE THE NEEDED RESULT, THE POLICE MAY RESORT TO
>DECEPTIVE STRATEGEMS SUCH AS GIVING FALSE LEGAL ADVICE. IT IS
>IMPORTANT TO KEEP THE SUBJECT OFF BALANCE, FOR EXAMPLE, BY TRADING ON
>HIS INSECURITY ABOUT HIMSELF OR HIS SURROUNDINGS. THE POLICE THEN
>PERSUADE, TRICK, OR CAJOLE HIM OUT OF EXERCISING HIS CONSTITUTIONAL
>RIGHTS.
>
>
><snip>
>
> THE
>ENTIRE THRUST OF POLICE INTERROGATION THERE, AS IN ALL THE CASES TODAY,
>WAS TO PUT THE DEFENDANT IN SUCH AN EMOTIONAL STATE AS TO IMPAIR HIS
>CAPACITY FOR RATIONAL JUDGMENT. THE ABDICATION OF THE CONSTITUTIONAL
>PRIVILEGE - THE CHOICE ON HIS PART TO SPEAK TO THE POLICE - WAS NOT
>MADE KNOWINGLY OR COMPETENTLY BECAUSE OF THE FAILURE TO APPRISE HIM OF
>HIS RIGHTS; THE COMPELLING ATMOSPHERE OF THE IN-CUSTODY INTERROGATION,
>AND NOT AN INDEPENDENT DECISION ON HIS PART, CAUSED THE DEFENDANT TO
>SPEAK.
>


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