Legal Updates Spring 2014
Written By:
Reid
Jun 02, 2014
The Legal Updates Spring 2014 column contains cases which address the following issues:
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- Defendant is entitled to discovery of evidence relating to officer's alleged propensity to obtain confessions through coercive conduct
- Standard questions that solicit from the custodial suspect basic identifying information do not require an advisement of rights
- Video identifies improper interrogation - confession suppressed
- Video contradicts defendant's claim he was too intoxicated to waive his rights
- Court confirms that The Reid Technique consists of proper interrogation procedures
- The criteria to be considered in determining custody for a juvenile suspect
- Testimony of Dr. Deborah Davis on false confessions excluded by the court
- Testimony of Dr. Allison Redlich on false confessions excluded by the court
- Undercover agents do not have to advise a suspect of their Miranda rights
- The value of recording an interrogation to demonstrate voluntariness
- Value of recording to demonstrate the totality of circumstances and voluntary nature of incriminating statements
- Investigator should not be allowed to testify about the defendant's credibility
- Denial of juvenile suspect's request to see mother during interrogation did not render the confession inadmissible
- Anatomy of a false confession case
- Gudjonsson Suggestibility Scale found not to meet Fry test - there is not acceptance of the GSS in the forensic psychology community
- Combination of assertion the defendant's daughter would suffer without an admission and an implied promise of leniency yield involuntary confession
- Equivocal invocation of rights: "[t]he context of the recorded statement clearly indicates that [Piatnitsky] was willing to speak with the detectives, just not on tape."
- Court should have allowed Dr. Richard Ofshe to testify in general about false confessions
- Investigators did not follow suggested guidelines when interrogating mentally deficient individual as detailed in Reid training manual and text, Criminal Interrogation and Confessions