Legal Update February, 2009
Written By:
Reid
Feb 22, 2009
The Legal Update document for February 2009 includes cases†addressing†the following issues:
Ambiguous lawyer request
Two cases regarding an ambiguous request to invoke Fifth Amendment right to remain silent
Two cases regarding the value of video recording an interrogation
The use of Trickery and Deceit
Faulty Miranda Warnings
Confession suppressed because interrogators ignored request to stop the questioning
Confession from defendant with mild retardation (I.Q. 65) upheld
Confession found involuntary when interrogator misrepresented the charge
Does feigned sympathy and rationalizing the defendantís criminal behavior render a subsequent confession inadmissible?
No basis for ineffective counsel for failing to call expert witness to testify on false confessions ñ two cases
Juvenile confession found inadmissible ñ Miranda , length of interrogation and other problems
What constitutes custody?† Two cases
Juvenile interrogation in school ñ was Miranda required?† Does a deceptive offer to help render the confession inadmissible?
Dr. Richard Ofshe testimony limited
Does a suspect have to be told he is a suspect when he is advised of his Miranda rights?
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Ambiguous lawyer request
Two cases regarding an ambiguous request to invoke Fifth Amendment right to remain silent
Two cases regarding the value of video recording an interrogation
The use of Trickery and Deceit
Faulty Miranda Warnings
Confession suppressed because interrogators ignored request to stop the questioning
Confession from defendant with mild retardation (I.Q. 65) upheld
Confession found involuntary when interrogator misrepresented the charge
Does feigned sympathy and rationalizing the defendantís criminal behavior render a subsequent confession inadmissible?
No basis for ineffective counsel for failing to call expert witness to testify on false confessions ñ two cases
Juvenile confession found inadmissible ñ Miranda , length of interrogation and other problems
What constitutes custody?† Two cases
Juvenile interrogation in school ñ was Miranda required?† Does a deceptive offer to help render the confession inadmissible?
Dr. Richard Ofshe testimony limited
Does a suspect have to be told he is a suspect when he is advised of his Miranda rights?