Legal Update April 2010

Written By: Reid
Apr 19, 2010
In this legal update we are providing you with information on several cases from late 2009 and earlier this year. Here are the issues addressed:
  • Court upholds confession in which investigators lied about the strength of their evidence during interrogation
  • Court limits testimony of Professor Saul Kassin on false confession issues
  • Court rejects expert testimony of E. Clay Jorgensen, Ph.D.
  • How much corroboration is needed in a confession?
  • How long is too long for an interrogation?
  • Can a 12 year old make an intelligent and knowing waiver of their rights?
  • Can a "mildly mentally retarded" individual make a knowing and intelligent waiver of their rights?
  • Confession voluntariness - "If you don't tell the truth you will go to jail and lose your family"
  • Court finds test on suggestibility was "not a valid and reliable test to determine a person's suggestibility to admit to a crime"
  • Confession voluntariness - "We are here to help you, we are the only ones who can help you."
  • Juvenile interrogation - the importance of discussing the Miranda warnings with the juvenile suspect
  • Confession voluntariness - suggesting defendant would receive counseling and lenient treatment if he admitted to the sex offenses did not invalidate the confession
  • Confession voluntariness - court rejects the concept of pragmatic implication
  • Confession ruled inadmissible when investigators ignored custodial suspect's request to stop
  • Juvenile confession found inadmissible
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