Good Lie, Bad Lie: Evolving Case Law on Police Misrepresentation during Interrogation

• In Event: Police Action and Response to Crime

Abstract

Police deception is a common interrogation tactic, although several recent high-profile cases have shown that it can lead to false confessions and wrongful convictions. In the past, courts have been reluctant to articulate when police lies “cross a line.” However, in February, 2014, two decisions by New York State’s highest court declared one form of police deceit to be illegally coercive: stating that someone’s life depends on information in a confession. Is this view part of a trend that other courts are adopting? What current reasoning are courts using when considering acceptable versus unacceptable police lies? This research will present the most recent case law on deceptive interrogation practices.

Author

• Edith Linn, Berkeley College