Legal Updates Spring 2017 | John E. Reid and Associates, Inc.

The Legal Updates Spring 2017 column contains cases which address the following issues:

Promise suspect would not be put on the sex offenders' list rendered his confession involuntary
The statement "You can say the truth, explain what happened and they can work with you when the time comes to go see a judge. It will be less charges." was not a promise of leniency
Promise of leniency coupled with threat to defendant's wife resulted in a coerced confession
The statement, "I feel like I should have an attorney" was not an unequivocal request for an attorney
Court finds investigators' behavior "shocking to the conscience"
Ten hour questioning period was not coercive
Court upholds rejection of false confession expert as not relevant; also that second advisement of rights not necessary after a 6 hour gap between questioning
The results of psychological tests (Gudjonsson Suggestibility Scale) do not square with reality
Court rejects testimony of false confession expert Dr. Richard Leo as "faux science"
A suspect does not have to be aware of all the crimes he will be questioned about to make a valid rights waiver
Court finds confession was coerced and involuntary
The statement "I don't know, just, I'm done talking. I don't have nothing to talk about" was an unequivocal invocation of the right to remain silent