Legal Update Summer 2011
Written By:
Reid
Aug 01, 2011
The sumer 2011 legal updates includes cases which address the following issues:
- The Supreme Court holds that a child's age properly informs the Miranda custody analysis
- Elements to consider in determining a juvenile's ability to make a knowing and intelligent waiver of his rights
- 16 year-old's confession upheld - example of factors to consider in juvenile interrogation
- Court rejects the testimony of Professor Alan Hirsch - no evidence the Reid Technique produces false confessions
- Jury rejects the testimony of Dr. Richard Leo
- Dr. Richard Ofshe testifies
- Court rejects the testimony of Dr. Richard Ofshe
- Court rejects psychiatrist Bobby Miller, M.D., as an expert witness on false confessions
- Court does not allow Dr. Karen Fukutaki to testify as an expert witness on confession voluntariness
- Court rejects the testimony of Dr. Sol Fulero
- Court excludes the testimony of Dr. Mark Costanzo
- Court rejects expert testimony of defendant's limited mental capacity and suggestibility
- What constitutes a promise of leniency?
- The difference between "limited assurances" and promises of leniency
- If you do not tell the truth, "Life has ended." Does this statement constitute a threat?
- Confession made to company investigators ruled inadmissible because it was the result of a promise not to prosecute
- The detective's statement that "[i]f you admit to things, you make mistakes, you made a bad choice; but if you deny this, in my book, you are a criminal," was merely moral urging...not a promise of leniency
- The statements, "I have no intention of putting you in jail tonight" and "If you have a problem, we can help you.... I promise you, I will do everything I can to help you. " were not promises of leniency.
- Is the statement "...you might be charged with one thing you know there's plea agreements and things they can work out a deal" a promise of leniency?
- Rhode Island Supreme Court decides not to require electronic recording of interrogations
- Can an intoxicated suspect make a voluntary confession?
- Can "days of drug use and sleep deprivation" render a confession inadmissible?
- Three cases address the "objective criteria" for determining custody - US v. Hughes, State v. Campfield and Commonwealth v. Truong
- Does the statement, "You mind if I not say no more and just talk to an attorney about this." represent an unequivocal request for an attorney?
- Does a suspect have to be advised of his Miranda rights after a 15 hour interlude between interrogation sessions?
- Court rules that a "mildly mentally retarded" individual can make a knowing and intelligent waiver
- Characteristics of a defendant who gave a false confession
- Reference to "God forgiving the suspect" did not render the confession involuntary
- There is no expectation of privacy for phone calls in police interview room