Legal Updates Winter 2013

Written By: Reid
Jan 17, 2013
In our Legal Updates Winter 2013 column we feature cases that address the following issues:
  • The value of recording interrogations; implication of a lighter sentence rejected
  • No requirement to record interrogation in Second Circuit
  • U.S. District Court excludes the testimony of Dr. Richard Leo: "his theories are both unreliable and irrelevant"
  • Value of video recording interrogation: pregnancy did not affect defendant's ability to understand what was going on
  • Court excludes the testimony of Dr. Debra Davis on the issue of false confessions
  • Does a request for a lawyer before Miranda warnings are given require the investigators to stop questioning the suspect?
  • Statements to the defendant that his denials were "bullshit" and that he was "kind of screwed" and that he was "fucked" were not threats
  • Ohio juvenile not statutorily entitled to counsel during an interrogation which occurs prior to invocation of court's jurisdiction
  • Can a suspect who claims he was in the "midst of a psychotic break from reality" during the interrogation give a voluntary statement?
  • Interrogator's "empathetic and caring demeanor" was not coercive
  • Interrogator deception that "crosses the line"
  • Fifth Miranda warning not required
  • Police do not have to tell suspect defense counsel is present if suspect waived his rights
  • The value of recording: examining the issue of mental illness on the admissibility of a confession
  • Do statements such as, "these things happen, it is ok"; "we don't believe you had any intentions of doing it" and "a tragic accident occurred" offer a promise of leniency?
  • Improper promise of leniency- treatment in lieu of jail
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