Legal Update Summer 2011

Written By: Reid
Aug 01, 2011

The sumer 2011 legal updates includes cases which address the following issues:

  • The Supreme Court holds that a child's age properly informs the Miranda custody analysis
  • Elements to consider in determining a juvenile's ability to make a knowing and intelligent waiver of his rights
  • 16 year-old's confession upheld - example of factors to consider in juvenile interrogation
  • Court rejects the testimony of Professor Alan Hirsch - no evidence the Reid Technique produces false confessions
  • Jury rejects the testimony of Dr. Richard Leo
  • Dr. Richard Ofshe testifies
  • Court rejects the testimony of Dr. Richard Ofshe
  • Court rejects psychiatrist Bobby Miller, M.D., as an expert witness on false confessions
  • Court does not allow Dr. Karen Fukutaki to testify as an expert witness on confession voluntariness
  • Court rejects the testimony of Dr. Sol Fulero
  • Court excludes the testimony of Dr. Mark Costanzo
  • Court rejects expert testimony of defendant's limited mental capacity and suggestibility
  • What constitutes a promise of leniency?
  • The difference between "limited assurances" and promises of leniency
  • If you do not tell the truth, "Life has ended." Does this statement constitute a threat?
  • Confession made to company investigators ruled inadmissible because it was the result of a promise not to prosecute
  • The detective's statement that "[i]f you admit to things, you make mistakes, you made a bad choice; but if you deny this, in my book, you are a criminal," was merely moral urging...not a promise of leniency
  • The statements, "I have no intention of putting you in jail tonight" and "If you have a problem, we can help you.... I promise you, I will do everything I can to help you. " were not promises of leniency.
  • Is the statement " might be charged with one thing you know there's plea agreements and things they can work out a deal" a promise of leniency?
  • Rhode Island Supreme Court decides not to require electronic recording of interrogations
  • Can an intoxicated suspect make a voluntary confession?
  • Can "days of drug use and sleep deprivation" render a confession inadmissible?
  • Three cases address the "objective criteria" for determining custody - US v. Hughes, State v. Campfield and Commonwealth v. Truong
  • Does the statement, "You mind if I not say no more and just talk to an attorney about this." represent an unequivocal request for an attorney?
  • Does a suspect have to be advised of his Miranda rights after a 15 hour interlude between interrogation sessions?
  • Court rules that a "mildly mentally retarded" individual can make a knowing and intelligent waiver
  • Characteristics of a defendant who gave a false confession
  • Reference to "God forgiving the suspect" did not render the confession involuntary
  • There is no expectation of privacy for phone calls in police interview room
Continue Reading