Clein, her lonely seat on a huge Town Hall stage facing 1000-plus listeners almost like an interrogatee
, brought wonderful suppleness of bowing, ease of phrasing and subtle delineation of individual lines in her accounts of the searching G major and C major Cello Suites.
for their potential to transform the reality of subordination and powerlessness of the interrogatee inherent in custodial interrogations.
If, as I suggest, our male dominated society is reflected in the inherently police-dominated atmosphere of the custodial interrogation, in which the domineering interrogator is "male" and the submissive interrogatee is "female," then the Court's attempt to empower the suspect and to balance the power relations, by way of informing the suspect of his or her constitutional rights, serves to empower women in general and to devalue domination in the social context at large.
So far I have examined the relationship of domination between the police interrogator and the interrogatee during a custodial interrogation, challenged several dichotomies--public versus private, objective versus subjective, and reasonable versus unreasonable, and questioned the construction of the reasonable person.
However, if the custodial interrogation is so inherently coercive as to require the procedural safeguards--as was the basic premise and concern of the Miranda Court--then certainly the situation is no less coercive for the interrogatee who actually but erroneously, according to the current standard, believes himself or herself to be in custody.
As will be elaborated in Part V, I suggest we begin the reconstruction of the custody inquiry, and the law in general, by infusing judicial decision-making and court opinions with the experiential narratives of the interrogatees, for both their substantive value (what story they tell) and their epistemological-methodological value (how the story is told).
Absent further empirical research and publicized personal accounts of female interrogatees, we can only speculate whether gender bias is less intertwined with police brutality than racial bias, or whether it has yet to be fully exposed and scrutinized.
In almost all cases, the interrogators stopped using violence against the interrogatees once they confessed.
In the rest of the cases that B'Tselem documented, the interrogatees or their families chose not to file a complaint with the DIP, for fear that this would result in harm to members of the family who had already been interrogated or to other relatives, or because of a general lack of trust in the Israeli justice system.
Six were threatened with execution; in another eight cases, the interrogators threatened to harm family members; and in five cases, they threatened to electrocute the interrogatees
, including in a way that would permanently damage their fertility.