New Investigator Tip now posted:

Preparing to Testify in Confession Cases (Parts One and Two)

In Part One of the Investigator Tip, Preparing to Testify in Confession Cases (Parts One and Two) we will detail the strategy defense attorneys may use and the questions that they may ask of the interrogating officers in an effort to get the defendant’s confession suppressed. Deja Vishny is a criminal defense lawyer who has specialized in homicide and false confession cases as well as suppression, trial skills, and providing effective assistance in criminal defense cases.

In her book, Suppressing Criminal Evidence, and in several articles, Vishny offers a number of strategies for attorneys to get potential evidence, including confessions, against their client suppressed.

When the prosecutor and investigator understand the strategies that the defense may employ in challenging the confession, they will be better prepared to respond to the challenges and to testify about the circumstances and procedures the investigator followed in obtaining the confession.

In her article, Cross-Examining Police in False Confession Cases (WISCONSIN DEFENDER Winter/Spring 2008, Volume 16, Issue 1) Vishny outlines how a defense attorney should prepare for the cross-examination of the interrogating officers, detailing what questions should be asked and what issues should be raised. We will discuss several strategies that she offers for attorneys to get potential evidence, including confessions, against their client suppressed.

In Part Two we will describe statements that Vishny makes about the Reid Technique and detail how she misrepresents the various elements of the Reid Technique and we will present the correct information.