Legal Updates Spring 2014

Written By: Reid
Jun 02, 2014
The Legal Updates Spring 2014 column contains cases which address the following issues:
  • Defendant is entitled to discovery of evidence relating to officer's alleged propensity to obtain confessions through coercive conduct
  • Standard questions that solicit from the custodial suspect basic identifying information do not require an advisement of rights
  • Video identifies improper interrogation - confession suppressed
  • Video contradicts defendant's claim he was too intoxicated to waive his rights
  • Court confirms that The Reid Technique consists of proper interrogation procedures
  • The criteria to be considered in determining custody for a juvenile suspect
  • Testimony of Dr. Deborah Davis on false confessions excluded by the court
  • Testimony of Dr. Allison Redlich on false confessions excluded by the court
  • Undercover agents do not have to advise a suspect of their Miranda rights
  • The value of recording an interrogation to demonstrate voluntariness
  • Value of recording to demonstrate the totality of circumstances and voluntary nature of incriminating statements
  • Investigator should not be allowed to testify about the defendant's credibility
  • Denial of juvenile suspect's request to see mother during interrogation did not render the confession inadmissible
  • Anatomy of a false confession case
  • Gudjonsson Suggestibility Scale found not to meet Fry test - there is not acceptance of the GSS in the forensic psychology community
  • Combination of assertion the defendant's daughter would suffer without an admission and an implied promise of leniency yield involuntary confession
  • Equivocal invocation of rights: "[t]he context of the recorded statement clearly indicates that [Piatnitsky] was willing to speak with the detectives, just not on tape."
  • Court should have allowed Dr. Richard Ofshe to testify in general about false confessions
  • Investigators did not follow suggested guidelines when interrogating mentally deficient individual as detailed in Reid training manual and text, Criminal Interrogation and Confessions
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