Detention for the Purpose of Interrogation as Modern "Torture"
Although the Court in Miranda stated that custodial interrogation is designed to undermine the will of the interogee, it has not prohibited the admission of confession given under such circumstances. It rather assumed that it is possible to dispel the pressures of a custodial interrogation by means of proper safeguards. The article claims that there is no plausible way to dispel the coercive atmosphere engendered by a custodial interrogation. Custody today constitutes a refined version of torture used in the past in order to extract confessions. Consequently, the confession of a suspect under circumstances of custodial interrogation is involuntary and should not be admitted at trial. Treating a custodial confession in this manner is justified by the two main rationales underlying the requirement of voluntariness: 1) ensuring the reliability of the confession, and 2) protecting the right of the suspect to reach an autonomous decision.
Criminal Law | Criminal Procedure
Date of this Version
Rinat Kitai-Sangero, "Detention for the Purpose of Interrogation as Modern "Torture"" (December 7, 2006). bepress Legal Series. bepress Legal Series.Working Paper 1900.