
Contents
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What Does It Mean to Be in Custody? What Does It Mean to Be in Custody?
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Objective Circumstances Objective Circumstances
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Relevant Factors Relevant Factors
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Irrelevant Factors Irrelevant Factors
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The Reasonable Person Standard The Reasonable Person Standard
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The Psychology of Freedom and Custody The Psychology of Freedom and Custody
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Actor-Observer Differences in Perceptions of Custody Actor-Observer Differences in Perceptions of Custody
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Relevant Observers’ Perceptions of Custody Relevant Observers’ Perceptions of Custody
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Perceptions of Custody: A Comparison of Relevant Observers Perceptions of Custody: A Comparison of Relevant Observers
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Policy Implications Policy Implications
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What Next: Future Research What Next: Future Research
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Conclusion Conclusion
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References References
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35 Police Custody: A Legal Construct in Search of a Definition
Get accessFabiana Alceste, Department of Psychology, Butler University
Saul M. Kassin, Department of Psychology, John Jay College of Criminal Justice
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Published:23 February 2023
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Abstract
Police are only required to provide Miranda rights to criminal suspects during custodial interrogations. Other important legal safeguards, like the video recording of interrogations, are triggered by the same event. Over many decades, the US Supreme Court has refined the definition of police custody: when the totality of the objective circumstances of an interrogation are tantamount to arrest, as determined by a hypothetical reasonable person in the suspect’s position. Until recently, however, this legal standard had not been subjected to the scrutiny of psychological and empirical testing. This chapter summarizes the case law surrounding the legal concept of custody, as well as the psychology of perceptions of custody and attributions of freedom. We discuss disparities in perceptions of custody between actors and observers, as well as between legal and lay participant groups. Finally, we make policy recommendations and identify avenues for future research.
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