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Recording Interrogations – Support by Prosecutors

June 23, 2016 — Volume 14

Around the country, prosecutors have supported the recording of custodial interrogations and have pushed for the creation of voluntary policies and, in some instances, endorsed legislation. Police have embraced this technology as well. The Colorado Best Practices Committee issued a report providing a national perspective on the progress made in this area. Also included are sample policies and articles from other states that reflect prosecutor’s leadership in promoting the recording of interrogations.  Much of this work was spearheaded by Best Practices Committees.

Colorado

Recording of Custodial Interrogations – A Report for Law Enforcement, The Colorado Best Practices Committee for Prosecutors, Merzon (2015) Read

New York

Recording of Custodial Interrogations – Model Policy, Municipal Police Training Counsel, New York Division of Criminal Justice Services (12/2013) Read

Police and DAs Endorse Video Recording in New York State, Hamann (1/13/14) Read

Missouri

Missouri’s Experience with Recorded Interrogation Legislation – Prosecutors Lead Effort to Pass Sensible Law, The Prosecutor, NDAA, Zahnd (Summer 2009) The text of the statute is included in an article footnote. Read

Recommendation to Record Custodial Statements, Missouri Best Practices Committee (2/28/14) Read

Illinois

Recording of Custodial Interrogations, Illinois Statute (725 ILCS 5/103-2.1 – 2016) Read

Are We Making Murderers? False Confessions and Coercive Interrogations, Illinois Bar Journal, Finkle ( 4/2016) Read

Kansas

Electronic Recording of Interrogations, Contemporary Issues in Criminal Investigation and Prosecution Working Group, (April 2016) Read