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Aug. 13, 2011

Tortured confessions: Reliability concerns now a second-thought

Using tortured confessions in the terrorism context raises troubling consequences. By M. Katherine Darmer of Chapman University School of Law

See Correction Below.

By M. Katherine B. Darmer

The historic U.S. Supreme Court case Brown v. Mississippi, which unequivocally condemned torture in a unanimous 1936 opinion, serves as an important starting point in current conversations about torture. Brown emphasized that tortured confessions are absolutely unreliable, offending due process both when inflicted by law enforcement and when relied upon later at the "prete...

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