NCJ Number
91894
Date Published
1980
Length
52 pages
Annotation
This 1977 survey of sociological, legal, and psychological writings on police interrogation addresses the conduct of police and suspects during interrogation and the impact of interrogation upon the criminal justice process as well as broader philosophical issues.
Abstract
Most literature reviewed related to England and Wales and the United States, with some references to Australia and Canada. The report first discusses police discretion in implementing the law and public expectations of the police. An examination of rationales justifying interrogation focuses on American studies which conclude that interrogation was not needed in most cases to solve immediate crimes of which suspects were accused. While law enforcement personnel agree that confessions are important, empirical research indicates that their value has been grossly exaggerated. The chaper on theory and practice of interrogation examines sociological explanations of police-citizen encounters and the lack of police training in interrogation techniques. Laws governing interrogation in England and Wales are described, as are proposals for change, notably the Criminal Law Revision Committee's recommendations for the Judges' Rules. Three aspects of the Judges' Rules are causes for major concern: voluntary confessions, access to a solicitor and legal advice, and the right to silence. The report also surveys literature on exercising control over police activities through tape and video recordings, the exclusionary rule, and interrogation before a magistrate. Finally, the review concludes that very little has emerged during the last 20 years concerning the philosophy of law enforcement that is new, and the legal community must understand some fundamental sociological concepts if major changes are to occur regarding police powers. Footnotes and about 130 references are supplied.