Section of a Motion to Suppress Involuntary Statements Related to the Unreliability of Causation Analyses

This draft section of a motion to suppress involuntary statements should be used when the government argues an offensive police interrogation tactic did not “cause” a Black male client’s confession because the client either did not appear outwardly affected/emotional when the tactic was used or responded with aggressive or callous behavior. To support the argument that such causation analyses are improper, it cites social science explaining that Black men are socialized to present as indifferent or even overly-aggressive when they are afraid and also explains that non-Black system actors are typically unable to correctly interpret Black people’s reactions.