Study

This readings course will address the law of questioning in the criminal justice process. We will consider the impact of various rules about interrogations and testimony on suspects, witnesses, police, prosecutors, and factfinders. Topics will include liability for dishonest statements, the mistakes made by fact witnesses, true and false confessions, cross examination, impeachment, and the evidentiary status of lie detection technologies.

Readings will be posted on Canvas and may consist of excerpts from law review articles and scholarly books, works of social science, news items and investigative reporting, documentary footage, editorial commentary, and popular culture. Although we will review the relevant legal doctrines (criminal offenses involving dishonesty, the Fifth Amendment privilege, the Confrontation Clause), the rules about questioning witnesses serve as a starting point for interesting discussions rather than an endpoint. The primary purpose of the course is to explore different genres of reading and writing, share thoughts and insights, and receive feedback on your analysis and expression.

After the first week, students will be responsible for leading the discussion in each class. Students will also complete a series of writing assignments. The course is designed to accommodate students with a general interest in the subject matter as well as students who wish to develop a research agenda in criminal law and procedure. Accordingly, students may elect to take the course for one credit and write short papers in three different assigned genres or take the course for two credits (with the addition of Law 547W Writing Credit) and complete one sustained research project.

This seminar will address the way in which legal institutions define and detect dishonesty. We will first discuss what is sometimes called “post-truth” discourse and the seeming suspension of fact-finding and truth-seeking in public life. The criminal justice system is both a natural habitat for dishonesty and the place where achieving accuracy is most important. Accordingly, we will use the context of investigations and trials to explore some larger themes about establishing factual baselines despite intense conflict. Topics will include liability for dishonest statements in investigations and testimony, interrogation practices, the problem of false confessions, incentivized witnesses, character and credibility, cross examination, storytelling at trial, and lie detection in the laboratory, courtroom, and popular culture. Readings will be posted on line and will include excerpts from law review articles and scholarly books, works of social science, investigative reporting, documentary footage, editorial commentary, and popular culture. The one-credit class will meet roughly every other Wednesday during the spring semester. There will be short writing assignments, and students will receive feedback on both written expression and class participation. Students who plan significant research projects on related topics may register for a second credit.

This seminar will address the way in which legal institutions define and detect dishonesty. We will first discuss what is sometimes called “post-truth” discourse and the seeming suspension of fact-finding and truth-seeking in public life. The criminal justice system is both a natural habitat for dishonesty and the place where achieving accuracy is most important. Accordingly, we will use the context of investigations and trials to explore some larger themes about establishing factual baselines despite intense conflict. Topics will include liability for dishonest statements in investigations and testimony, interrogation practices, the problem of false confessions, incentivized witnesses, character and credibility, cross examination, storytelling at trial, and lie detection in the laboratory, courtroom, and popular culture. Readings will be posted on line and will include excerpts from law review articles and scholarly books, works of social science, investigative reporting, documentary footage, editorial commentary, and popular culture. The one-credit class will meet roughly every other Wednesday during the spring semester. There will be short writing assignments, and students will receive feedback on both written expression and class participation. Students who plan significant research projects on related topics may register for a second credit.

This seminar will address the way in which legal institutions define and detect dishonesty. We will first discuss what many are calling “post-truth” discourse and the seeming suspension of fact-finding and truth-seeking in some arenas of public life. Investigations and trials retain the aspiration to identify facts on the ground and prompt honest statements. Accordingly, we will explore the “law of questioning” that governs legal truth-seeking and consider where it succeeds and fails. Our particular focus will be on the criminal justice process, and topics will include interrogation practices, the problem of false confessions, liability for dishonest statements in investigations and testimony, cross examination, character and credibility, and lie detection in the laboratory, courtroom, and popular culture. Readings will range widely and will include excerpts from law review articles and scholarly books, works of social science, investigative reporting, documentary footage, editorial commentary, and popular culture. The one-credit class will meet roughly every other Wednesday during the spring semester. There will be short writing assignments, and students will receive feedback on both written expression and class participation. Students who plan significant research projects on related topics may register for a second credit.