Dancing Around Miranda:  The Effects of Legal Reform on Homicide Detectives in the US and the UK

Fiona Brookman; Sophie Pike; Edward Maguire

Dancing Around Miranda: The Effects of Legal Reform on Homicide Detectives in the US and the UK

Fiona Brookman, Sophie Pike, Edward Maguire

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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).

Iaith wreiddiol	Saesneg
Tudalennau (o-i)	725
Nifer y tudalennau	47
Cyfnodolyn	Criminal Law Bulletin
Cyfrol	55
Rhif cyhoeddi	5
Statws	Cyhoeddwyd - 31 Gorff 2019

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Dancing Around Miranda 10th April 2019 Brookman et alLlawysgrif awdur wedi’i dderbyn, 131 KBTrwydded: CC BY-NC
CLB Miranda Article 2019Fersiwn derfynol wedi’i chyhoeddi, 4.26 MBTrwydded: Amhenodol

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title = "Dancing Around Miranda: The Effects of Legal Reform on Homicide Detectives in the US and the UK",

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{\textquoteright} 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{\textquoteright} 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 {\textquoteleft}adversarial{\textquoteright} legal systems, appear to have responded differently to legal reforms designed to enhance suspects{\textquoteright} rights during interviews and interrogations (Miranda, 1966 and the Police and Criminal Evidence Act 1984).",

keywords = "suspects' rights, interrogation, homicide, suspect interviews, homicide detectives UK and USA, detective culture, Miranda, PACE, Justice",

author = "Fiona Brookman and Sophie Pike and Edward Maguire",

note = "The accepted manuscript does not include some minor amendments to the text or 2 footnotes added at a later point in the publication. The published version does include these and they are the author's preferred version. ",

year = "2019",

month = jul,

day = "31",

language = "English",

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journal = "Criminal Law Bulletin ",

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T1 - Dancing Around Miranda: The Effects of Legal Reform on Homicide Detectives in the US and the UK

AU - Brookman, Fiona

AU - Pike, Sophie

AU - Maguire, Edward

N1 - The accepted manuscript does not include some minor amendments to the text or 2 footnotes added at a later point in the publication. The published version does include these and they are the author's preferred version.

PY - 2019/7/31

Y1 - 2019/7/31

N2 - 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).

AB - 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).

KW - suspects' rights

KW - interrogation

KW - homicide

KW - suspect interviews

KW - homicide detectives UK and USA

KW - detective culture

KW - Miranda

KW - PACE

KW - Justice

M3 - Article

VL - 55

SP - 725

JO - Criminal Law Bulletin

JF - Criminal Law Bulletin

SN - 0011-1317

IS - 5

ER -

Dancing Around Miranda: The Effects of Legal Reform on Homicide Detectives in the US and the UK

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