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Joseph Grano is the leading critic of the Warren Court's so-called revolution in American criminal procedure and the predominant critic of the Miranda decision. Here he presents a sophisticated analysis of both the relevant Supreme Court cases and the philosophical underpinnings of the concept involved.
The author discusses a number of issues that bear on the normative judgments that must be made in cases of confession. Included are the various coercive effects of offers and threats, the issue of causation, and the connection between unfair police practices and the issue of a confession's voluntariness. Confessions, Truth, and the Law is divided into two parts that discuss policy and constitutional considerations, respectively. One of its key themes is that policy analysis and constitutional analysis may lead to different conclusions.
In addition to law students and professors, students of philosophy and related disciplines will have an immediate interest in this book.