Category Archives: Confessions

The Torture Memos

By Tom Withers on April 20th, 2009 Posted in Confessions

A brief comment on the torture memos authored by the Department of Justice in 2002 and 2005. The first memo examines torture in the context of United States federal criminal law and whether the conduct at issue violates that criminal law. Therefore, it is appropriate to briefly weigh in on this topic. When I was… Continue Reading

U.S. v. Corley: Supreme Court Upholds Exclusionary Rule for Confessions Based Upon Unreasonable Delay in Presentment Before a Judge

By Anthony Lake on April 7th, 2009 Posted in Confessions

In McNabb v. U.S., 318 U. S. 332 (1943) and Mallory v. U.S., 354 U. S. 449 (1957), the Supreme Court set forth the rule that a confession by an arrested person, even if made voluntarily, is inadmissible if made after an unreasonable delay in bringing the person before a judge. The McNabb/Mallory rule was… Continue Reading