Legal Update Fall 2011

Written By: Reid
Oct 26, 2011
The fall 2011 legal updates include cases which address the following issues:
  • Court rejects the proffered testimony of Professor Alan Hirsch; no basis to say the Reid Technique enhances the risk of unreliable confessions
  • The value of video recording an interrogation ñ discredits defendantís allegations
  • Court rules that accident scenario is not coercive
  • Does a statement to the defendant that his children would be removed from the house unless he cooperated with the investigation render the confession inadmissible?
  • Defense decides not to call Dr. Ricard Leo as an expert witness
  • Court rejects claim that defense counsel was ineffective because they did not introduce an expert witness on the issue of false confessions
  • Court rejects the testimony of an expert in police procedure regarding the use of the Reid interview technique
  • The ìunderwear bomberî did not have to be advised of his Miranda rights due to the public safety exception
  • Is a student in custody when he is asked by school officials to accompany the police for questioning?
  • What statements constitute a promise of leniency?
  • References to religion during an interrogation do not result in a coerced confession
  • Juvenile interrogation: The statement that you are ìnot going to be under arrestî and that ì[y]ou're gonna walk out of here one way or the other. * * * You're not under arrest.î was found to be coercive
  • Court limits the testimony of expert witness Dr. Samuel Roll on the issue of false confessions
  • Does the suspectís invocation of their right to remain silent without the assistance of counsel preclude the police from attempting to obtain incriminating information from them? The Oregon Supreme Court said no.
  • Court rejects the testimony of expert witness Dr. Christopher Lamps on the issue of confession voluntariness
  • A social worker's interview of juvenile at youth home, during which he confessed to crimes, was not custodial interrogation
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