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50 Cal. W. L. Rev. 233 (2013-2014)
Asking the Scary Question: What Is the Correct Understanding of Interrogation under Rhode Island v. Innis

handle is hein.journals/cwlr50 and id is 259 raw text is: COMMENTS ASKING THE SCARY QUESTION: WHAT IS THE CORRECT UNDERSTANDING OF INTERROGATION UNDER RHODE ISLAND V. INNIS? TABLE OF CONTENTS I. INTRODUCTION ..............................................234 II. MIRANDA AND INNIS: THE ORIGINS OF INTERROGATION AND ITS FUNCTIONAL EQUIVALENT. ........................242 A. Miranda v. Arizona transformed the law of confessions while discussing the types of interrogation tactics that were objectionable to the Supreme Court......................... 242 B. The Supreme Court formally addressed the interrogation prong of custodial interrogation for the first time in Rhode Island v. Innis, finally defining interrogation as understood in Miranda ..................249 C. Though the Supreme Court finally produced a working definition of interrogation in Innis, the Court's application of this definition produced a perplexing result that compromised its clarity ............. ........... 252 III. INTERROGATION SINCE INNIS: GENERATING MORE QUESTIONS THAN ANSWERS ......................................256 A. Following Innis, the likely to elicit and custody plus definitions of interrogation emerged to produce divergent results, which Justice White discussed in his dissent from denial of certiorari in Lewis v. Florida........256 B. Discussed in Justice White's opinion in Lewis v. Florida, Lewis v. State and People v. Ferro are microcosms of the warring interpretations of Innis..........258 IV. THE LIKELY TO ELICIT AND CUSTODY PLUS INTERPRETATIONS OF INNIS: PRODUCING VASTLY DIFFERENT RESULTS ....................................... .....261 233

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