Constitutional Confessions: In Favor of a 'Loewy Plus' Approach

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.

Keywords: Confessions, False Confessions, Miranda v. Arizona, Sixth Amendment, Fifth Amendment, Right to Counsel, Interrogations

Suggested Citation: Suggested Citation

Hresko Pearl, Tracy, Constitutional Confessions: In Favor of a 'Loewy Plus' Approach (July 26, 2019). Forthcoming, Texas Tech Law Review, Available at SSRN: https://ssrn.com/abstract=3427381

Tracy Hresko Pearl (Contact Author)

University of Oklahoma College of Law ( email )

307 W Brooks
Norman, OK 73019
United States