Recording Custodial Interrogations

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Recording Custodial Interrogations

• Andrew W. Vail
• Jenner Block LLP
• Chicago

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Overview of Work

• Beginning a new dialogue
• Surveying law enforcement
• Reporting on the police experience

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Our Survey

• 300 departments
• 43 states urban, rural, large and small
• Not scientific - telephone interviews or written
  surveys with confirmation letters
• Departments that electronically record custodial
  interviews - from Miranda warnings until the end
  - in a defined subset of cases

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Executive Summary

• Recording custodial interrogations is beneficial
  tool for law enforcement that improves the
  judicial process.
• Often theorized detractions from instituting the
  practice are not expressed by officers who
  actually record.
• Appears to be inevitable change for the better,
  which is best implemented by legislation.

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Favorite Quotes

• Recording is the best thing weve ever had
  rammed down our throats.
• Minn. prosecutor
• We would never go back to unrecorded
  statements.
• Mont. department

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Favorite Quotes

• We are recording all interrogations and are
  continuing to have great success. Our detectives
  have made the transition very welland have found
  their confession rates have not been
  compromisedit is a much better method than the
  old fashioned method. Broward Cnty., Fla.

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Our Findings Police Experiences

• Permanent, unquestionable record of the interview
• Captures Miranda warnings and reduces motions to
  suppress on that basis
• Demonstrates lack of abuse or illegal coercion
  and reduces motions on that basis also
  eliminates civil suits based on false allegations
  of abuse

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Our Findings Police Experiences

• Raises public confidence that police are not
  abusive during interrogations
• Removes the need to make detailed notes
• Supervising or fellow officers can watch
  interviews in real time and offer suggestions
• Officers do not need to rely on memory

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Our Findings Police Experiences

• Officers can review past interrogations
• Financial cost is not a concern as the technology
  ranges from simple to sophisticated
• Long-term savings outweigh front-end costs
• Confessions are not lost because suspects
  clam-up if recorded

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Recording Laws

• State or municipal code Illinois, D.C., New
  Mexico, Maine
• Courts Alaska, Minnesota, New Jersey,
  Massachusetts, New Hampshire
• Pending Legislation 19 States DC

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Recording Laws

• Legislation is the best method for implementing
  recording laws
• Guidelines
• Necessary exceptions
• Consequences
• Funding
• Eavesdropping laws

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Recording Technology

• Equipment from simple to sophisticated
• Chicago Police Department a model for the future

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