Dassey v. Dittmann: Brief Amicus Curiae of Professors of Criminal Law, Criminal Procedure, and Constitutional Law in Support of Petitioner

Authors

Samuel R. Gross, University of Michigan Law SchoolFollow
Yale Kamisar, University of Michigan Law School

Document Type

Brief

Publication Date

3-26-2018

Abstract

Amici curiae are academics who focus on criminal procedure and Fifth Amendment and Fourteenth Amendment law. (A list of the amici curiae is attached as Appendix A.) Their principal interest in this case is proper application of clear Supreme Court precedent in assessing the voluntariness of the confession given by the juvenile suspect in this case. Amici file this brief out of concern that some lower courts, including the court below, are straying from this Court's clear mandates in applying the totality-of-the-circumstances test to confessions given by juveniles with intellectual impairments. Amici write to provide a historical overview of this Court's voluntariness case law. They further write to demonstrate why this Court's guidance is necessary to protect due process rights of intellectually challenged children, and to assuage mounting concerns over the reliability of confessions obtained from such vulnerable suspects in response to police coercion.

Comments

Amicus: Baughman, Professor Shima Baradaran; Blume, Professor John H.; Capers, Professor Bennett; Chin, Professor Gabriel "Jack"; Farber, Professor Hillary B.; Feld, Professor Barry; Gershowitz, Professor Adam; Giannelli, Professor Paul; Godsey, Professor Mark; Griffin, Professor Lisa Kern; Gross, Professor Samuel; Guggenheim, Professor Martin; Hertz, Professor Randy; Jacobi, Professor Tonja; Kamisar, Professor Yale; Kovarsky, Professor Lee; Lain, Professor Corinna Barrett; Lau, Professor Jamie; Laurin, Professor Jennifer E.; Leo, Professor Richard; Marcus, Professor Paul; Marshall, Professor Lawrence; McAdams, Professor Richard H.; Medwed, Professor Daniel S.; Miller, Professor Eric; Newman, Professor Theresa; Primus, Professor Eve Brensike; Redlich, Professor Allison; Roberts, Professor Jenny; Rudovsky, Professor David; Simon, Professor Dan; Starger, Professor Colin; Steiker, Professor Jordan; Thompson, Professor Sandra Guerra; Wright, Professor Ronald; Weyble, Professor Keir

Recommended Citation

Gross, Samuel R. and Kamisar, Yale, "Dassey v. Dittmann: Brief Amicus Curiae of Professors of Criminal Law, Criminal Procedure, and Constitutional Law in Support of Petitioner" (2018). Appellate Briefs. 44.
https://repository.law.umich.edu/briefs/44