Dean Strang Distinguished Professor in Residence
“Inaccuracy and the Involuntary Confession: Understanding Rogers v. Richmond Rightly,” 110 Journal of Criminal Law and Criminology 69 (2020)
In Rogers v. Richmond (1961), the Supreme Court barred considering a confession’s accuracy or truthfulness in deciding its voluntariness. Lawyers and judges mostly have assumed that they also cannot consider a confession’s inaccuracy as bearing on involuntariness. But neither fidelity to Rogers nor logic foreclose its inverse: yes, accuracy is irrelevant to voluntariness, but inaccuracy often is relevant to involuntariness and should be considered. Blending law and narrative history, this article explains why.