WARNING ABOUT MIRANDA

Prosecutors often emphasize to the jury that the defendant waived his Miranda rights and agreed to talk.  But what follows?  People who give false confessions are, by definition, innocent.  And most innocent people feel they have no reason not to talk.

Jail Population

According to the Prison Policy Initiative, 99% of the growth in jail population over the last 15 years results from the detention of innocent people.  Needless to say, false confessions contribute mightily to this problem.

Admissibility

Attorneys often ask me about the admissibility of expert testimony on false confessions. The short answer is that it depends on the judge and jurisdiction, but such testimony is increasingly deemed admissible. I personally have been qualified as a false confessions expert in a dozen states.