Research output: Contribution to journal › Article
Dancing Around Miranda: The Effects of Legal Reform on Homicide Detectives in the US and the UK. / Brookman, Fiona; Pike, Sophie; Maguire, Edward.
In: Criminal Law Bulletin , Vol. 55, No. 5, 31.07.2019.Research output: Contribution to journal › Article
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TY - JOUR
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
JO - Criminal Law Bulletin
JF - Criminal Law Bulletin
SN - 0011-1317
IS - 5
ER -
ID: 3228580