Dancing around 'Miranda': the effects of legal reform on homicide detectives in the USA and the UK

Brookman, F, Pike, S and Maguire, E.R (2019) 'Dancing around 'Miranda': the effects of legal reform on homicide detectives in the USA and the UK.' Criminal Law Bulletin, 55 (5). pp. 725-763. ISSN 0011-1317

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Abstract

Drawing upon qualitative data gathered during fieldwork at homicide units in the USA and UK, this paper explores how detectives in both settings have responded to legal reforms intended to protect suspects’ rights. Our analyses reveal that homicide detectives in the USA routinely engage in procedures intended to circumvent these rights, typically to enhance the likelihood of eliciting a confession. We explore in particular the tactics adopted by detectives in the USA to circumvent suspects’ Miranda rights immediately prior to and during the interrogation of homicide suspects. We discuss how and why detectives in the USA and UK, two nations with ‘adversarial’ legal systems, appear to have responded differently to legal reforms designed to enhance suspects’ rights during interviews and interrogations (Miranda, 1966 and the Police and Criminal Evidence Act 1984).

Item Type:	Article
Keywords:	suspects' rights, interrogation, homicide, suspect interviews, homicide detectives UK and USA, detective culture, Miranda, PACE, Justice
Divisions:	School of Sciences
UoA:	Psychology
Date Deposited:	18 Apr 2019 13:49
Last Modified:	15 Aug 2021 09:52
URI / Page ID:	https://researchspace.bathspa.ac.uk/id/eprint/12152

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