Legal Updates Summer 2016
Written By:
Reid
Jul 30, 2016
The Legal Updates Summer 2016 column contains cases which address the following issues:
- In New York no adverse instruction required if police do not electronically record the interrogation
- The value of videotaping: determining the extent to which a mental impairment can render a Miranda waiver ineffective
- Is a hospitalized defendant necessarily in custody?
- Manipulative tactics (lying about evidence; lying about the victim being a federal informant; lying about his friends naming him as the shooter) did not render the confession inadmissible
- Confession voluntariness: an excellent example from an FBI interrogation
- Court rejects the testimony of Dr. Allison Redlich on false confession issues
- Court restricts the testimony of Dr. Richard Leo on false confession issues
- 26-hour period of videotaped interrogation was not coercive
- Defense expert on false confession issues should have been allowed to testify
- Failure to acknowledge unambiguous request to talk to a lawyer renders confession inadmissible
- Court rules that the investigators went too far in lying to the defendant about evidence and insisting that he confess
- Court rejects expert testimony that defendant suffered from mental impairment that rendered him uniquely susceptible to coercive police tactics
- Using deception during the interrogation of a defendant classified as mentally retarded is not coercive
- The confession of Brendan Dassey ("Making a Murderer") ruled to be involuntary
- It is proper to introduce as evidence the videotaped interrogation of the defendant when no incriminating statements were made?
- Court rules defense expert testimony on the credibility of the victim inadmissible