Arguing for Statewide Uniformity in Recording Custodial Interrogations
Written By:
Reid
May 20, 2014
The American Bar Association has recently published an article by Attorney Thomas Sullivan that discusses the need to establish uniform recording guidelines, Arguing for Statewide Uniformity in Recording Custodial Interrogations. The article contains a detailed listing of state by state custodial recording requirements, and begins as follows:
"In light of the widespread agreement that recordings of custodial interrogations are a valuable tool for our system of criminal justice, an issue remains as to how the practice should be instituted. There are two schools of thought: Some contend recordings should be adopted pursuant to guidelines (a.k.a. best practices) recommended by state law enforcement authorities and/or state police and sheriff associations. Others contend it is preferable to have a state statute or state supreme court rule that provides for recording under circumstances that apply uniformly throughout the state. This article examines both proposals and the reasons that favor state statutes and supreme court rules."
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"In light of the widespread agreement that recordings of custodial interrogations are a valuable tool for our system of criminal justice, an issue remains as to how the practice should be instituted. There are two schools of thought: Some contend recordings should be adopted pursuant to guidelines (a.k.a. best practices) recommended by state law enforcement authorities and/or state police and sheriff associations. Others contend it is preferable to have a state statute or state supreme court rule that provides for recording under circumstances that apply uniformly throughout the state. This article examines both proposals and the reasons that favor state statutes and supreme court rules."