Legal Updates Summer 2012

Written By: Reid
Aug 01, 2012
In our Legal Updates Summer 2012 column we feature cases that address the following issues:
  • "I've given you what I'm gonna give you." "[I] "ain't saying nothing no more" Do these statements represent unequivocal invocations of the right to remain silent?
  • Unambiguous request for an attorney: "I mean, but can I call one now? That's what I'm saying."
  • What constitutes an implied promise of leniency?
  • Hawaiian Constitution does not require recording of custodial interrogations
  • The importance of discussing the Miranda rights with a juvenile suspect
  • Confession voluntariness - the "totality of circumstances" and the value of recording interrogations
  • "If you work with me, we can make these [charges] go away." Does this
  • statement constitute a promise of leniency?
  • Failure to call a false confession expert does not constitute ineffective counsel
  • The value of video recording in determining the ability of a suspect with a low IQ to make a knowing and intelligent waiver
  • Telling the suspect that the victim had accused him of a more serious crime is not a coercive tactic - even though the victim had not made such an assertion
  • Court considers criteria to determine if a 15-year old student was in custody when questioned by the police at school
  • Defendant's confession to two "inmates" who were undercover detectives held admissible
  • Court finds that Dr. Richard Leo's proposed testimony potentially confusing and misleading
  • Can the police lie to a suspect by telling him that they are not recording the interrogation when they actually are?
  • Impermissible promise of leniency
  • Confession voluntariness: factors to consider
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