The Winter 2011 Legal Update includes cases which address the following issues:

• Learning disability does not preclude a knowing waiver of the Miranda rights
• Court does not allow the testimony of Dr. Richard Leo; the value of videotaping
• Lying about evidence (number of witnesses that identified suspect) did not render confession inadmissible
• Court rejects confession obtained after a deliberate two-step interrogation approach
• Court rejects the testimony of Dr. Scott Bresler on false confession issues
• Confession inadmissible when police ignore request for an attorney
• Court rejects confession obtained after suspect was promised by the interrogator that he would testify for the suspect
• Is the statement "Hey man. I don't want to give nothing about nothing." an unambiguous request to remain silent?
• The value of recording interrogations
• When does questioning become custodial?
• Length of interrogation is one factor to consider in the totality of circumstances
• Court rejects forensic psychologist Bruce Frumkin's testimony as to the defendant's ability to make a knowing and intelligent waiver of his rights
• The value of an electronic recording of the interrogation when a defendant claims that he confessed because he was "susceptible to psychological coercion"
• Telling a suspect that he is lying is not coercive