Miranda Procedure Checklist Gregory DeClue Sarasota, FL

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Miranda Procedure Checklist
Gregory DeClue
Sarasota, FL
[email protected]
http://gregdeclue.myakkatech.com
When police advise a suspect of
his rights fairly,
and he understands his rights,
and he waives his rights,
and he voluntarily confesses,
and he is convicted,
and he really was guilty,
that’s a good thing.
Kyles v. Whitley, 514 U.S. 419,
446 & n. 15 (1995)
“When … probative force of evidence
depends on circumstances in which it was
obtained … indications of conscientious
police work will enhance probative force
and slovenly work will diminish it.”
Allegiance Effects
Structured Guidelines or
Checklists
Oral Miranda Warning Checklist
Police Investigative Interview
Contamination Checklist
Confession Statement
Corroboration Matrix
The Oral Miranda Warning Checklist was presented by Gregory DeClue at the
“first ever Conference on Interrogations and Confessions … at the University
of Texas at El Paso (September 27-29, 2007). The event was supported by a
Conferences Grant Award from the American Psychological Association
Science Directorate.” See
http://www.apa.org/science/about/psa/2007/10/interrogation-conf.aspx. It
was published in a peer-reviewed journal as
DeClue, G. (2007). Oral Miranda warnings: A checklist and a model
presentation. Journal of Psychiatry and Law, 35, 421-441. It is included in a
book chapter: DeClue, G. (2010). Oral Miranda warnings: A checklist and a
model presentation. In G. D. Lassiter & C. A. Meissner, Police interrogations
and false confessions: Current research, practice, and policy recommendations,
pp. 179-190. Washington, D.C.: American Psychological Association. That
book was awarded the 2009-2010 Book Award from the American
Psychology-Law Society, and the 2010 Prose Award from American
Publishers. The article was introduced and accepted, both as a prosecution
exhibit and as a defense exhibit, in United States of America v. Maurice Fair,
Superior Court of the District of Columbia, Criminal Division – Felony Branch,
Docket No. 2007 CF1 24886, Hon. Herbert B. Dixon presiding, June 2010.
DeClue, G., & Rogers, C. S.
(2012). Interrogations 2013:
Safeguarding against false
confessions. The Police Chief:
The Professional Voice of Law
Enforcement, October Issue,
pages 42, 44, 46.
Colorado v. Spring, 479
U.S. 564, 573 (1987).
Cicchini, M. D. (2012). The new Miranda warning,
SMU Law Review, 65, 911-941.
http://www.cicchinilawoffice.com/uploads/SMU411.p
df
Domanico, A. J., Cicchini, M. D., & White, L. T. (2012).
Overcoming Miranda: A content analysis of the
Miranda portion of police interrogations, Idaho Law
Review, 49, 1-22.
Ferguson, A. G. (2012). The dialogue approach to
Miranda warnings and waiver. American Criminal Law
Review, 49, 1438-1491.
Miranda Procedure Checklist
Gregory DeClue
Sarasota, FL
[email protected]
http://gregdeclue.myakkatech.com
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