Striking a Balance in Unlawfully Obtained Confession Cases: United Kingdom Pragmatism Against Principle

Authors

Jenny McEwan

Library of Congress Authority File

http://id.loc.gov/authorities/names/n79122466

Document Type

Symposium Article

Abstract

In Part I of this Article, we provide a description of the facts and holding of United States v. Bowman. In Part II, we describe the ways in which lower courts have interpreted this decision. We point to various cases citing Bowman and show how these courts give exceedingly broad application to the holding - broader application than the opinion warrants. Finally, in Part III, we discuss the ways in which the courts should read Bowman and demonstrate how this more accurate reading of the Court's decision is consistent with the realities of twenty-first century global economies. In doing so, we illustrate how Bowman can be a leading case for a sensible international criminal jurisdiction jurisprudence in a global age.

Recommended Citation

Jenny McEwan, Striking a Balance in Unlawfully Obtained Confession Cases: United Kingdom Pragmatism Against Principle, 44 San Diego L. Rev. 597 (2007).
Available at: https://digital.sandiego.edu/sdlr/vol44/iss3/13