Justice O'Connor's Pragmatic View of Coerced Self-Incrimination

January 1991

ITEM DETAILS
Type: Law review article
Author: George C. Thomas III
Source: Women's Rts. L. Rep.
Citation: 13 Women's Rts. L. Rep. 117 (1991)

DISCLAIMER: This text has been transcribed automatically and may contain substantial inaccuracies due to the limitations of automatic transcription technology. This transcript is intended only to make the content of this document more easily discoverable and searchable. If you would like to quote the exact text of this document in any piece of work or research, please view the original using the link above and gather your quote directly from the source. The Sandra Day O'Connor Institute does not warrant, represent, or guarantee in any way that the text below is accurate.

Article Text

(Excerpt, Automatically generated)

Justice O'Connor's Pragmatic View Of Coerced Self-Incrimination

by

GEORGE C. THOMAS III

Almost no one acknowledges it, but the Self incrimination Clause is empty of meaning. By that I mean that the clause generates no under standing of how it should operate beyond the very narrow understanding derived from its historical origins (and thus from outside the language of the clause itself). The Self-incrimination Clause can not generate meaning because its central con cept-<oercfon-has no meaning apart from the consensus that already exists in a particular soci ety at a particular time about what coercion means.1 Like obscenity, we know compulsion when we see it, but we are utterly unable to define it.

The Amendment provides that "No person

... shall be compelled in any criminal case to be a

the right words would unveil the meaning of compulsion (coercion)3 in the context of police in terrogation.4 Justice O'Connor, on the other hand, appears to endorse a pragmatic solution to this puzzle. Someone must make what amounts to a legislative decision about when police con duct coerces a resulting confession. If the legisla ture fails in this task, it falls to the courts. While courts may be institutionally less competent than a legislature in making this judgment, courts are faced on a daily basis with cases raising the inter rogation coercion issue. Some definition must be attempted.

,

The only conceptually defensible definition of coercion comes from the philosophers-the

© COPYRIGHT NOTICE: This Media Coverage / Article constitutes copyrighted material. The excerpt above is provided here for research purposes only under the terms of fair use (17 U.S.C. § 107). To view the complete original, please visit Heinonline.org.