Document Type
Article
Publication Date
2019
Publication Title
Texas Tech Law Review
Abstract
Professor Arnold Loewy famously argues that, given the failings of Fifth Amendment jurisprudence, the Sixth Amendment right to counsel should attach at interrogation rather than at the onset of adversarial proceedings. His proposal is wise and should be adopted. However, given the failure of the Court's ruling in Miranda v. Arizona to reduce psychological coercion during custodial interrogations, several additional reforms are needed. Namely, it should be significantly more difficult for suspects to waive their right to counsel during interrogation, all custodial interrogations should be recorded, and particularly coercive interrogation techniques – like lying about evidence – should be banned.
Volume
52
First Page
47
Recommended Citation
Tracy Hresko Pearl, Constitutional Confessions: In Favor of a "Loewy Plus" Approach, 52 Tex. Tech L. Rev. 47 (2019).