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Contents

Published online by Cambridge University Press:  23 December 2023

Marianne Mason
Marianne Mason
Affiliation:
James Madison University, Virginia

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Type
Chapter
Information
Police Interrogation, Language, and the Law
The Invocation Game
 , pp. v - vi
Publisher: Cambridge University Press
Print publication year: 2023
Creative Commons
Creative Common License - CCCreative Common License - BYCreative Common License - NCCreative Common License - ND
This content is Open Access and distributed under the terms of the Creative Commons Attribution licence CC-BY-NC-ND 4.0 https://creativecommons.org/cclicenses/

Contents

  1. List of Figures

  2. List of Tables

  3. Acknowledgments

  4. 1Introduction

    1. 1.1The Legal Foundation of the Corpus: The Federal Court System and Miranda Case Law

      1. 1.1.1The Federal Courts

      2. 1.1.2Grounds for Criminal Appeals in Federal Courts

    2. 1.2The Law and Police Interrogation in the United States

    3. 1.3The Strategic Linguistic Game of Police Interrogation: Invoking Counsel in Custodial Settings

    4. 1.4Moving Forward: Tackling Police Interrogation and Legal Reforms in the United States

  5. 2In the Judges’ Own Words: The Law and Custodial Interrogation in the United States

    1. 2.1Pre-Miranda: The Fifth and Sixth Amendments and Police Interrogation

    2. 2.2Miranda v. Arizona (1966): A Prophylactic Rule Riddled with Dissent

    3. 2.31966–1981: Post-Miranda and Edwards

    4. 2.4Post-Edwards to Davis: 1981–1994

    5. 2.5Post-Davis to Present: 1994–2021

      1. 2.5.1Invoking Counsel: Where Do Judges “Draw the Line”?

      2. 2.5.2A Closer Look at Post-Davis Rulings: Invocations for Counsel, Police “Clarifications,” and Voluntariness of Waiver

      3. 2.5.3Invocations for Counsel with Added “Layers”: Written versus Oral Waivers

      4. 2.5.4Invocations for Counsel and L2 Speakers of English

  6. 3Police Interrogation in the United States: From the Reid Technique to the High-Value Detainee Interrogation Group Report

    1. 3.1The Reid Technique of Interrogation: A Look at the “Manuals”

      1. 3.1.1Setting the Tone of the Interrogation: Reading of Rights and Invocation of Counsel

      2. 3.1.2Confronting the Suspect

      3. 3.1.3Time-Limited Offers

      4. 3.1.4Empathy

    2. 3.2Core Principles of the Reid Technique

      1. 3.2.1The Matter of False Confessions and the Reid Technique

    3. 3.3Information-Gathering Interview Approach

    4. 3.4The High-Value Detainee Interrogation Group Report

      1. 3.4.1What Is in the HIG Report?

    5. 3.5Reid, PEACE, and the HIG Report: Additional Considerations in Light of United States Law

  7. 4The Invocation Game: The Prelude to Custodial Interrogation

    1. 4.1Invoking Counsel: A Constitutional Right Handicapped by the Law

      1. 4.1.1Invocations As a Type of Speech Act

      2. 4.1.2Maintaining Asymmetry in Police Interrogations

      3. 4.1.3Mutuality of Understanding in Police Interrogation

    2. 4.2Communication As a Type of Game

    3. 4.3Hypergame Dynamics

      1. 4.3.1Hypergame Notation of the Invocation Game

    4. 4.4Two Hypergames

      1. 4.4.1Type 1 Hypergame: CS Initiates x3′

      2. 4.4.2Type 2 Hypergame: I Initiates x3′

    5. 4.5Analyzing the Invocation Game and Its Hypergames

    6. 4.6Implications of the Invocation Game: Identifying Manipulation of Preferences in Police Interrogation

  8. 5Invocations for Counsel, the Rulings, and the Courts: A Statistical Analysis of the Corpus

    1. 5.1The Corpus

    2. 5.2The Variables Tested

    3. 5.3Method and Research Questions

    4. 5.4Results

    5. 5.5Interpreting the Results in the Context of the Invocation Game

  9. 6Police Interrogation Reform in the United States: Paths to Consider

    1. 6.1Police Interrogation Reform: Examining Other Paths Taken

    2. 6.2From Interrogation to Interviewing: Changing the Perspective in the United States

      1. 6.2.1Vulnerable Populations

    3. 6.3Legal Reforms

      1. 6.3.1The Elusive Right to Counsel and Overcoming Legal Barriers: The Inherent Limitations of Miranda and Davis

      2. 6.3.2Moving Forward in Light of Case Law: A Look at Some Approaches

    4. 6.4Concluding Remarks

  10. Appendix: Jurisdictions and Case Counts

  11. Glossary

  12. References

  13. Index

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  • Contents
  • Marianne Mason, James Madison University, Virginia
  • Book: Police Interrogation, Language, and the Law
  • Online publication: 23 December 2023
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  • Contents
  • Marianne Mason, James Madison University, Virginia
  • Book: Police Interrogation, Language, and the Law
  • Online publication: 23 December 2023
Available formats
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  • Contents
  • Marianne Mason, James Madison University, Virginia
  • Book: Police Interrogation, Language, and the Law
  • Online publication: 23 December 2023
Available formats
×