Legal Updates Winter 2013
Written By:
Reid
Jan 17, 2013
In our Legal Updates Winter 2013 column we feature cases that address the following issues:
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- The value of recording interrogations; implication of a lighter sentence rejected
- No requirement to record interrogation in Second Circuit
- U.S. District Court excludes the testimony of Dr. Richard Leo: "his theories are both unreliable and irrelevant"
- Value of video recording interrogation: pregnancy did not affect defendant's ability to understand what was going on
- Court excludes the testimony of Dr. Debra Davis on the issue of false confessions
- Does a request for a lawyer before Miranda warnings are given require the investigators to stop questioning the suspect?
- Statements to the defendant that his denials were "bullshit" and that he was "kind of screwed" and that he was "fucked" were not threats
- Ohio juvenile not statutorily entitled to counsel during an interrogation which occurs prior to invocation of court's jurisdiction
- Can a suspect who claims he was in the "midst of a psychotic break from reality" during the interrogation give a voluntary statement?
- Interrogator's "empathetic and caring demeanor" was not coercive
- Interrogator deception that "crosses the line"
- Fifth Miranda warning not required
- Police do not have to tell suspect defense counsel is present if suspect waived his rights
- The value of recording: examining the issue of mental illness on the admissibility of a confession
- Do statements such as, "these things happen, it is ok"; "we don't believe you had any intentions of doing it" and "a tragic accident occurred" offer a promise of leniency?
- Improper promise of leniency- treatment in lieu of jail