Constitutional Confessions: In Favor of a “Loewy Plus” Approach
Pearl, Tracy Hresko
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Commentators have asked me to reflect on Professor Loewy's writings about confessions in the American criminal justice system. While I am a fan of Professor Loewy's work and agree with virtually everything he has written about confessions and the Constitution, in this Article, I examine whether Professor Loewy's scholarship goes far enough. In Part I, I explore the role of confessions in the American criminal justice system and the constitutional protections currently offered to suspects subject to custodial interrogation. In Part II, I provide a brief overview of Professor Loewy's views on confessions and the Constitution. In Part III, I argue that, while Professor Loewy's confession scholarship and major ideas are wise, they do not go nearly far enough in protecting suspects. I then propose a series of additional measures that are needed to minimize coercion during custodial interrogations and to protect the constitutional rights of suspects.