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2 results

Police Interrogation, Language, and the Law
  • The Invocation Game
  • Marianne Mason
  • Published online:
    23 December 2023
    Print publication:
    21 December 2023
  • Recent calls for justice reform have put a spotlight on how the police enforce the law in the United States. How a person's constitutional rights may be legally thwarted during police interrogation, however, has not been part of any meaningful discussion on police reform. This novel book examines the intersections of the law and policing discourse through the detailed analysis of a large corpus of United States federal court rulings, starting with Miranda v. Arizona (1966). It covers a wide range of topics, including the history of police interrogation in the United States, the role of federal law in handicapping a person's ability to invoke their right to counsel, and the invocation game of police interrogation that may lead a variety of suspects to change their discursive preferences. It highlights the need for American police interrogation reform, exploring the paths taken by other jurisdictions outside of the United States. This title is part of the Flip it Open programme and may also be available on open access. Check our website, Cambridge Core, for details.

  • 6 - Police Interrogation Reform in the United States: Paths to Consider

  • Marianne Mason, James Madison University, Virginia
  • Book:
    Police Interrogation, Language, and the Law
    Published online:
    23 December 2023
    Print publication:
    21 December 2023, pp 136-162

  • Summary

    Chapter 6 will explore paths to moving forward with police interrogation reform in the United States, parting from the lessons of other countries that have undertaken reform, such as the United Kingdom, Australia, Norway, and Canada, while focusing on three key areas: 1) police interrogation techniques, 2) the interview of vulnerable populations, and 3) changes in case law related to the reading of rights, invocation of rights, the use of trickery and deception, as well as the use of confessions to build and prosecute a criminal case. The goal of the chapter is to consider ways in which the issues presented in this book can be revisited to change the current state of police interrogation in the United States. This will require changes across the board: legislative, legal, police interviewing training, and also an acknowledgment of the role of cognitive, cultural, and sociolinguistic factors in police-suspect discursive interactions. A change of perspective on the presence of counsel in the interview room is also explored, looking at other jurisdictions outside of the United States which provide access to counsel to custodial suspects.