Scholarship
Richard Leo's SSRN Page
Books
Police Interrogation and American Justice (Harvard University Press, 2008).
The Wrong Guys: Murder, False Confessions and the Norfolk Four (The New Press, 2008) (co-authored with Tom Wells).
The Miranda Debate: Law, Justice and Policing (Boston: Northeastern University Press, 1998) (co-edited with George C. Thomas, III).
The American Criminal Justice System (Simon & Schuster, 1998) (editor).
Articles
"Jurors Believe Interrogation Tactics Are Not Likely To Elicit False Confessions: Will Expert Witness Testimony Inform Them Otherwise?," __ Crime, Psychology, & Law __ (with Iris Blandon-Gitlin & Kathryn Sperry) (2009). [SSRN]
"What Do Potential Jurors Know About Police Interrogation Techniques and False Confessions?," 27 Behavioral Sciences and the Law 381 (with Brittany Liu) (2009). [SSRN]
"Studying Wrongful Convictions: Lessons from Social Science," __ The Ohio State Journal of Criminal Law __ (with Jon Gould) (forthcoming 2009).
"Police-Induced Confessions: Risk Factors and Recommendations," __ Law and Human Behavior __ (with Saul Kassin, Steven Drizin, Thomas Grisso, Gisli Gudjonsson, and Allison Redlich) (2009).
"From False Confession to Wrongful Conviction: Seven Psychological Processes," __ Journal of Psychiatry and Law __ (forthcoming 2009) (with Deborah Davis). [SSRN]
"False Confessions: Causes, Consequences and Implications," 37 The Journal of the American Academy of Psychiatry and the Law 332-343 (2009). [SSRN]
"Mental Health Status and Vulnerability to Police Interrogation Tactics," 22 Criminal Justice 42 (2007) (with William C. Follette and Deborah Davis).
“Police Interviewing and Interrogation: A Self-Report Survey of Police Practices and Beliefs,” 31 Law and Human Behavior 381 (2007) (with Saul M. Kassin, Christian A. Meissner, Kimberly D. Richman, Lori H. Colwell, Amy Leach, & Dana LaFon).
"The Problem of False Confession in America," 31 The Champion 30 (2007).
"Mandate the Electronic Recording of Police Interrogations," 6 Crime and Public Policy 791 (2007) (with Kimberly D. Richman).
“Bringing Reliability Back In: False Confessions and Legal Safeguards in the Twenty-First Century,” 2006 Wisconsin Law Review 479 (2006) (with Steven Drizin, Peter Neufeld, Brad Hall, & Amy Vatner). [SSRN]
“Psychological Weapons of Influence: Applications in the Interrogation Room,” 14 Nevada Lawyer 14 (September 2006) (with Deborah Davis).
“Re-Thinking the Study of Miscarriages of Justice: Developing a Criminology of Wrongful Conviction,” 21 Journal of Contemporary Criminal Justice 201 (2005).
“The Problem of False Confessions in the Post-DNA World," 82 North Carolina Law Review 891 (2004) (with Steve Drizin), reprinted as the book, The Problem of False Confessions in the Post-DNA World (Nippon Hyoronsha Co., Ltd., 2008), in Japan. [SSRN]
"Beating a Bum Rap," 3 Contexts 68 (2004).
"Questioning the Relevance of Miranda in the Twenty-First Century," 99 Michigan Law Review 1000 (2001). [SSRN]
"The Truth About False Confessions and Advocacy Scholarship," 37 Criminal Law Bulletin 293 (2001) (with Richard Ofshe).
"Autism, Rape and Arson," 4 Sexual Assault Report 17 (2000) (with Ann Burgess, David Elkovitch, & Jay Jackman).
"Adapting to Miranda: Modern Interrogators' Strategies For Dealing With The Obstacles Posed By Miranda," 84 Minnesota Law Review 397 (1999) (with Welsh S. White). [SSRN]
"Using the Innocent to Scapegoat Miranda: Another Reply to Paul Cassell," 88 Journal of Criminal Law and Criminology 557 (1998) (with Richard Ofshe). [SSRN]
"The Consequences of False Confessions: Deprivations of Liberty and Miscarriages of Justice in the Age of Psychological Interrogation," 88 Journal of Criminal Law and Criminology 429 (1998) (with Richard Ofshe). [SSRN]
“Civil Rights and Civil Liberties: Videotaping the Police," 17 Criminal Justice Ethics 44 (1998).
"False Confessions and Miscarriages of Justice," The Defender (January 1998), at page 3.
"Witness for False Confession No Expert," II(3) The Forensic Echo: The Monthly Newsmagazine of Psychiatry, Law & Public Policy 14 (February 1998).
"The Social and Legal Construction of Repressed Memory," 22 Law & Social Inquiry 653 (1997). [SSRN]
“Missing the Forest for the Trees: A Response to Paul Cassell's 'Balanced Approach' to the False Confession Problem," 74 Denver University Law Review 1135 (1997) (with Richard Ofshe). [SSRN]
"The Decision to Confess Falsely: Rational Choice and Irrational Action," 74 Denver University Law Review 979 (1997) (with Richard Ofshe). [SSRN]
"The Social Psychology of Police Interrogation: The Theory and Classification of True and False Confessions," 16 Studies in Law, Politics & Society 189 (1997) (with Richard Ofshe).
"Police Scholarship for the Future: Resisting the Pull of the Policy Audience," 30 Law & Society 865 (1996).
"The Impact of Miranda Revisited," 86 Journal of Criminal Law & Criminology 621 (1996). [SSRN]
"Miranda's Revenge: Police Interrogation as a Confidence Game," 30 Law & Society Review 259 (1996). [SSRN]
"Inside the Interrogation Room," 86 Journal of Criminal Law and Criminology 266 (1996). [SSRN]
"The Ethics of Deceptive Research Roles Reconsidered: A Reply to Kai Erikson," 27 American Sociologist 122 (1996).
"Trial and Tribulations: Courts, Ethnography, and the Need for an Evidentiary Privilege for Academic Researchers," 26 American Sociologist 113 (1995).
"Police Interrogation and Social Control," 3 Social and Legal Studies: An International Journal 93 (1994).
"The Yale White-Collar Crime Project: A Review and Critique," 18 Law & Social Inquiry 63 (1993) (with David T. Johnson). [SSRN]
"From Coercion to Deception: The Changing Nature of Police Interrogation in America, " 18 Crime, Law, and Social Change: An International Journal 35 (1992).
"The Ethics of Deceptive Interrogation," 11 Criminal Justice Ethics 3 (1992) (with Jerome H. Skolnick).
Book Chapters
"The Three Errors: Pathways to False Confession and Wrongful Conviction" (with Steve Drizin), in Lassiter, Daniel, & Meissner, Christian, eds., Interrogations and Confessions: Current Research, Practice, and Policy (American Psychological Association, forthcoming 2009).
“Psychological and Cultural Aspects of Interrogations and False Confessions: Using Research to Inform Legal Decision-making” (with Mark Costanzo and Netta Shaked), in Lieberman, Joel, & Krauss, Daniel, eds., Psychology in the Courtroom (Ashgate Ltd., forthcoming 2008).
"Police Interrogation and False Confessions in Rape Cases," in Hazelwood, Roy & Burgess, Ann, eds., Practical Rape Investigation: A Multidisciplinary Approach, 4th ed. (Boca Raton, Florida: CRC Press, forthcoming 2008) (this chapter also appeared in the book's third edition).
“Research and Expert Testimony on Interrogation and Confessions” (with Mark Costanzo), in Costanzo, Mark, Krauss, Dan & Pezdek, Kathy, eds., Expert Psychological Testimony For The Courts (New Jersey: Erlbaum, 2007).
“Strategies for Preventing False Confessions and Their Consequences” (with Deborah Davis), in Kebbell, Martin & Davies, Graham, eds., Practical Psychology for Forensic Investigations and Prosecutions (New York: Wiley, 2006).
“Interrogating Guilty Suspects: Why Sipowicz Never Has to Admit He is Wrong” (with George C. Thomas III), in Yeffeth, Glenn, ed., What Would Sipowicz Do?: Race, Rights and Redemption (Dallas: BenBella Books, 2005).
“The Third Degree and the Origins of Psychological Interrogation in America,” in Lassiter, Daniel, ed., Interrogations, Confessions and Entrapment (Perspectives in Law and Psychology Series, Volume 20) (New York: Kluwer Academic/Plenum Publishers, 2004).
"The Effects of Miranda v. Arizona: Embedded in Our National Culture?" (with George C. Thomas III), in Tonry, Michael, ed., 29 Crime and Justice – A Review of Research, at page 203 (Chicago: University of Chicago Press, 2002).
"Miranda, Confessions and Justice: Lessons for Japan?", in Feeley, Malcolm, & Miyazawa, Setsuo, eds., The Japanese Adversary System in Context: Controversies and Comparisons London: Palgrave, 2002).
“Interrogation and Confessions,” in Miller, J. Mitchell, & Wright, Richard A., eds., Encyclopedia of Criminology, at page 819, Vol. 2 (New York: Routledge, 2005).
“Interrogation,” in Levinson, David, ed., The Encyclopedia of Crime & Punishment (Great Barrington, MA: Berkshire Reference Works, 2002).
"False Confessions: Causes, Consequences, and Solutions," in Westervelt, Saundra D. & Humphrey, John A., eds., Wrongly Convicted: Perspectives on Failed Justice (Newark: Rutgers University Press, 2001).
"Confessions," in Lindsey, Gillian, & Michie, Jonathan, eds., Reader's Guide to the Social Sciences, Vol. 1. (London: Fitzroy Dearborn Publishers, 2001).
"Miranda and the Problem of False Confessions," in Leo, Richard A. & Thomas, George C., eds., The Miranda Debate: Law, Justice and Policing (Boston: Northeastern University Press, 1998).
“False Confessions and Miscarriages of Justice Today,” in Leo, Richard A., ed., The American Criminal Justice System (Simon & Schuster, 1998).
“A Historical Overview of Confession Law,” in Leo, Richard A., ed., The American Criminal Justice System (Simon & Schuster, 1998).
"The Criminal Justice System: An Overview,” in Leo, Richard A., ed., The American Criminal Justice System (Simon & Schuster, 1998).
“Some Thoughts about Police and Crime," in Friedman, Lawrence & Fisher, George, eds., The Crime Conundrum: Essays on Criminal Justice (Boulder: Westview Press, 1997).
Citation of Research by Appellate Courts
Corley v. United States, 556 U.S. __ (2009).
State v. Bannister, 734 N.W.2d 892 (Wis. 2007).
State v. Lawrence, 920 A.2d 236 (Conn. 2007).
Regina v. Osmar, 220 O.A.C. 186 (Ont. 2007).
Murray v. Earle, 405 F. 3d 278 (5th Cir. 2005).
Singletary v. Fischer, 365 F. Supp. 2d 328 (E.D.N.Y. 2005).
United States v. Bresnahan, 62 M.J. 137 (C.A.A.F. 2005).
State v. Jerrell C.J. (In re Jerrell C.J.), 699 N.W.2d 110 (Wis. 2005).
Scott v. State, 165 S.W.3d 27 (Tex. Crim. App. 2005).
Missouri v. Seibert, 542 U.S. 600 (2004).
West v. State, 876 So. 2d 614 (Fla. Dist. Ct. App. 2004).
State v. Cook, 847 A.2d 530 (N.J. 2004).
Weeks v. State, 140 S.W.3d 39 (Mo. 2004).
Commonwealth v. DiGiambattista, 813 N.E.2d 516 (Mass. 2004).
United States v. Villalba-Alvarado, 345 F.3d 1007 (8th Cir. 2003).
State v. Mauchley, 67 P.3d 477 (Utah 2003).
State v. Patton, 826 A.2d 783 (N.J. Super. Ct. App. Div. 2003).
United States v. Rodgers, 186 F. Supp. 2d 971 (E.D. Wisc. 2002).
State v. Conger, 652 N.W.2d 704 (Minn. 2002).
United States v. Astello, 241 F.3d 965 (8th Cir. 2001).
Cherrix v. Braxton, 131 F. Supp. 2d 756 (E.D. Va. 2001).
Regina v. Oickle, 2 S.C.R. 3 (2000).
Hearndon v. Graham, 767 So. 2d 1179 (Fla. 2000).
People v. Philips, 692 N.Y.S.2d 915 (N.Y. Sup. Ct. 1999).
Moriarty v. Garden Sanctuary Church of God, 511 S.E.2d 699 (S.C. Ct. App. 1999).
State v. Ruttenberger, 984 P.2d 1009 (Utah 1999).
State v. Meade, 963 P.2d 656 (Ore. 1998).
Presentations at Academic and Scientific Meetings
American Academy of Psychiatry and the Law, Keynote Address (2008)
Second Alaska Conference on Wrongful Convictions, Alaska Investigators Association and Alaska Innocence Project (2008)
The American Psychology-Law Society (2000, 2005-2006, 2008)
The Association for Psychological Science (2006)
The Law and Society Association (1992-1995, 1997-1998, 2002-2003, 2005, 2008)
The American Association of Law Schools (2000, 2005, 2008)
The American Society of Criminology (1991-2000, 2002, 2004)
Psychology & Law International, Interdisciplinary Conference (2003)
The American Psychological Association (2000-2001, 2007)
The Society for the Study of Social Problems (2001)
The American Sociological Association (1991, 1994-1996, 1998)
The Academy of Criminal Justice Sciences (1998, 2007)
The Pacific Sociological Association (1995-1996)
The Western Society of Criminology (1994)
Presentations at Universities
George Mason University School of Law, Center for Justice, Law & Society (2008)
New York University School of Law, Hoffinger Criminal Justice Colloquium (2008)
San Francisco State University, Criminal Justice Studies (2008)
University of Texas, El Paso, Psychology and Criminal Justice (2007)
University of California, Hastings College of the Law (2007, 2009)
Tel-Aviv University, School of Law (2007)
University of Cincinnati, School of Law (2007)
Harvard University School of Law (2006)
U.C.L.A. School of Law (2006)
University of Oklahoma, Department of Psychology (2006)
University of San Francisco School of Law (2006, 2008)
Seattle University Law School (2005)
University of Wisconsin Law School (2005)
University of Chicago Law School (2005, 2008)
Washington University School of Law (2005)
Loyola University School of Law (2005)
University of California, Irvine (1996-1997, 1999-2001, 2003, 2005)
Claremont McKenna College (2000, 2005)
University of California, Berkeley School of Law (1991, 1998, 2004-2005)
Santa Clara University School of Law (2004, 2007)
University of Pittsburgh, School of Law (2004)
Golden Gate University, School of Law (2004, 2008)
Cardozo Law School, Yeshiva University (2001, 2004, 2008)
University of California, San Diego, Department of Psychology (2002)
California State University, Northridge, Department of Sociology (2002)
California Western School of Law (January, 2002)
University of Michigan, Ann Arbor School of Law (2000)
University of Washington, School of Law (2000)
University of Southern California, School of Law (1999)
University of California, Santa Barbara, Department of Psychology (1999)
Northwestern University School of Law (1998)
Wayne State University, The Center for Legal Studies (1998)
The University of Washington, Seattle, Department of Sociology (1998)
The University of Denver College of Law (1997)
The University of Colorado, Boulder, Department of Sociology (1993, 1995-1997)
The University of Colorado, Boulder, School of Law (1997, 2006)
Chinese People's Public Security University, Dept. of Criminology, Bejing, China (1996)
Tsingua University, School of Law, Bejing, China (1996)
Seton Hall University Law School (1996)
University of Delaware, Newark, Department of Legal Studies (1995)
Northern Arizona University, Department of Sociology (1995)
University of Minnesota, Minneapolis, Department of Sociology (1995)
University of California, Los Angeles, Department of Sociology (1994)
Presentations to Law Enforcement
Miami Beach Police Department (full-day training session), Miami Beach, Florida (2003)
Long Beach Police Department, Long Beach, California (2002)
Broward County Sheriff’s Office (three-day training course for investigators), Ft. Lauderdale, Florida (2002)
Cyprus Police Training Program (full-day training session), Ministry of Justice and Public Order of the Republic of Cyprus, Nicosia, Cyprus (2000)
Law Enforcement Coordinating Committee for the Fifth Circuit, San Antonio, Texas (2000)
Half-day training course for law enforcement officers, Sponsored by Goebel & Vigen: Clinical, Forensic and Organizational Psychology (Approved for Continuing Education Credit), Shreveport, Louisiana (2000)
Supreme People's Procuratorate of the People's Republic of China, Bejing, China (1996)
The Hayward Police Department, Criminal Investigation Division, Hayward, California (1993)
Presentations to the Judiciary
Texas Court of Criminal Appeals, Austin, Texas (2009)
Northern District of California Judicial Conference, Ninth Circuit (2004)
The Advanced Judicial Academy for Illinois Judges, Champaign, Illinois (2003)
The National Judicial Institute, Victoria, British Columbia (2003)
National Judicial Institute, Ottawa, Canada (2002)
Presentations to Other Professional Associations
Contra Costa County Office of the Public Defender (2009)
Illinois Institute for Continuing Legal Education (2009)
Habeas Corpus Resource Center, San Francisco (2008)
National Innocence Network Conference (2002, 2007-2008)
California Attorneys for Criminal Justice (2001, 2003, 2005, 2007-2008, 2009)
California Public Defenders Association (2001-2003, 2005, 2007-2008, 2009)
The National Association of Criminal Defense Attorneys (1999, 2001, 2008, 2009)
Florida Public Defender Association (2007)
Public Defender Services, Washington, D.C. (2007)
Habeas Corpus Resource Center, San Francisco, CA (2003, 2007)
National Legal Aid and Defender Association (2007)
Office of Defender Services, Administrative Office of the United States Courts (2007)
Santa Clara County Public Defender’s Office (2004, 2007)
Missouri State Public Defenders (2006)
National Child Abuse Defense and Resource Center (2006)
San Mateo County Private Defenders Association (2004, 2006)
California Attorneys for Criminal Justice (2001, 2003, 2005)
Solano County Bar Association (2004)
Los Angeles County Bar Association (2004)
National Defender Investigation Association, Western Regional Conference (2004)
Habeas Corpus Resource Center, San Francisco, California (2003)
San Francisco Public Defender's Office (2003, 2009)
San Diego Psychology-Law Society (2003)
California Public Defenders Association (2002)
Spokane Criminal Defense Attorneys (2002)
Naval Justice School (Prosecutors), San Diego, California (2002)
Trial Defense Service Conference, United States Army (2001)
The Illinois Association of Criminal Defense Lawyers (2001)
Wisconsin Public Defender Conference (2001)
The National Association of Criminal Defense Attorneys, Minneapolis, Minnesota (2001)
New Mexico Criminal Defense Lawyers Association (2001)
Los Angeles Public Defender's Office (2001)
United States Air Force, Travis Air Force Base (2001)
San Diego County Public Defender's Office (2000)
Orange County Public Defender's Office (2000)
West Virginia Public Defender's Conference (2000)
Mississippi Public Defenders (May 2000)
Goebel & Vigen, Shreveport, Louisiana, (2000)
United States Air Force, Randolph Air Force Base, San Antonio, Texas (2000)
Federal Defenders of San Diego, (2000)
Indiana Public Defender Council (1999, 2009)
The Colorado State Public Defenders' Association (1999)
The Federal Defender Training Group, Washington, DC (1999)
National Association of Criminal Defense Attorneys, St. Louis, Missouri (1999)
Criminal Defense Attorneys of Michigan (1999)
Arizona Attorneys for Criminal Justice (1998)
Federal Public Defenders, Atlanta, Georgia (1998)
Federal Defender Investigators and Paralegals, San Diego, California, (1998)
The Justice Committee, Salem, Massachusetts (1997)
Legislative and Executive Testimony
California Commission on the Fair Administration of Justice (2006)
Wisconsin Criminal Justice Study Commission (2006)
The Illinois House of Representatives (1999)
Grants
National Science Foundation (2005-2006)
University of California, Irvine (1998-2002)
University of Colorado, Boulder (1994-1996)
MacArthur Foundation (1992-1993)
