The right to silence helps the innocent: A game-theoretic analysis of the fifth amendment privilege

Harvard Law Review

Volumn 114, Issue 2, 2000, Pages 431-432

  Seidmann, Daniel J ^a   Stein, Alex ^a  

^a NONE

Author keywords

[No Author keywords available]

Indexed keywords

EID: 0042225061     PISSN: 0017811X     EISSN: None     Source Type: Journal    
DOI: 10.2307/1342573     Document Type: Article

References (7)

1. David Lodge, Waugh's Comic Waste Land, N.Y. REV. BOOKS, July 15, 1999, at 29, 32 (book review).
2. 120 S. Ct. 2326 (2000).
3. 18 U.S.C. § 3501 (1994).
4. 384 U.S. 436 (1966).
5. Dickerson, 120 S. Ct. at 2329-30.
6. Id. at 2336.
7. See, e.g., Paul G. Cassell, The Statute That Time Forgot: 18 U.S.C. § 3501 and the Overhauling of Miranda, 85 IOWA L. REV. 175 (1999) (arguing that determining confessions' voluntariness on a case-by-case basis, as prescribed by 18 U.S.C. § 3501, is both constitutional and socially desirable as a vehicle for obtaining a greater number of voluntary confessions). Another commentator writes: Prosecutors believe that voluntary confessions are an essential tool for society, and frequently [are] the evidence that ensures the conviction of dangerous criminals. Many crimes are committed without eyewitnesses, or against victims such as children who cannot testify. Where eyewitnesses are available, they are subject to increasing challenges by the defense bar. There may be little or no physical evidence in many cases, and often physical evidence is located because of voluntary statements by suspects. To the extent