NCJ Number
175968
Date Published
1997
Length
347 pages
Annotation
This British study examines the evolution of the structures and strategies within the criminal justice system that have entrenched the confession as a key item of prosecution evidence and legitimated the custodial interrogation of suspects by law enforcement personnel.
Abstract
The study is also concerned with the kinds of police- suspects encounters that appear in official accounts of custodial interrogation. Based on a systematic analysis of prosecution papers associated with over 650 Crown Court cases, the author provides insights into the nature of police-suspect relations and examines the extent to which evidence is constructed rather than elicited. Further, the author considers the extent to which formal rules influence the character and form of police-suspect relations during interrogation. Also addressed are the circumstances in which suspects elect or decline to cooperate with the police, as well as the extent to which records of custodial interrogation are complete, accurate, and reliable. The British Police and Criminal Evidence Act 1984 (PACE) currently regulates police interrogations and the reception in evidence of confessions, while ensuring that the evidentiary status traditionally accorded confessions is preserved. PACE's requirement that police interrogations be videotaped does much to restore confidence in the completeness, accuracy, and reliability of interview records; however, based on this study, the author suggests that PACE-regulated interviews must still be carefully analyzed, since it may never be possible to ensure that all police-suspect transactions are recorded. Chapter notes and a 400-item bibliography