Legal Update February, 2009

Written By: Reid
Feb 22, 2009
The Legal Update document for February 2009 includes cases†addressing†the following issues:

Ambiguous lawyer request

Two cases regarding an ambiguous request to invoke Fifth Amendment right to remain silent

Two cases regarding the value of video recording an interrogation

The use of Trickery and Deceit

Faulty Miranda Warnings

Confession suppressed because interrogators ignored request to stop the questioning

Confession from defendant with mild retardation (I.Q. 65) upheld

Confession found involuntary when interrogator misrepresented the charge

Does feigned sympathy and rationalizing the defendantís criminal behavior render a subsequent confession inadmissible?

No basis for ineffective counsel for failing to call expert witness to testify on false confessions ñ two cases

Juvenile confession found inadmissible ñ Miranda , length of interrogation and other problems

What constitutes custody?† Two cases

Juvenile interrogation in school ñ was Miranda required?† Does a deceptive offer to help render the confession inadmissible?

Dr. Richard Ofshe testimony limited

Does a suspect have to be told he is a suspect when he is advised of his Miranda rights?
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