Winter 2011 Legal Update

Written By: Reid
Jan 20, 2011
The Winter 2011 Legal Update includes cases which address the following issues:
  • Learning disability does not preclude a knowing waiver of the Miranda rights
  • Court does not allow the testimony of Dr. Richard Leo; the value of videotaping
  • Lying about evidence (number of witnesses that identified suspect) did not render confession inadmissible
  • Court rejects confession obtained after a deliberate two-step interrogation approach
  • Court rejects the testimony of Dr. Scott Bresler on false confession issues
  • Confession inadmissible when police ignore request for an attorney
  • Court rejects confession obtained after suspect was promised by the interrogator that he would testify for the suspect
  • Is the statement "Hey man. I don't want to give nothing about nothing." an unambiguous request to remain silent?
  • The value of recording interrogations
  • When does questioning become custodial?
  • Length of interrogation is one factor to consider in the totality of circumstances
  • Court rejects forensic psychologist Bruce Frumkin's testimony as to the defendant's ability to make a knowing and intelligent waiver of his rights
  • The value of an electronic recording of the interrogation when a defendant claims that he confessed because he was "susceptible to psychological coercion"
  • Telling a suspect that he is lying is not coercive
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