NCJ Number
216772
Journal
FBI Law Enforcement Bulletin Volume: 75 Issue: 12 Dated: December 2006 Pages: 1-8
Date Published
December 2006
Length
8 pages
Annotation
This article discusses the benefits of electronically recording custodial police interrogations.
Abstract
Despite the many benefits of electronic recordings of police interrogations, many police departments do not electronically record their interrogations. Two main reasons are presented for police department reluctance to electronically record interrogations: (1) it is not required by law in some States, and (2) many agencies do not possess appropriate equipment to adequately record interrogations. Several States, however, have passed legislation that requires the electronic recording of interrogations. These court precedents are reviewed before the author turns to a description of the many benefits of electronically recording interrogations. Benefits for courts, law enforcement agencies, prosecutors, defense counsels, defendants, and the public are enumerated and include an irrefutable means of proving what was said and done during interrogations. Courts are better able to make informed decisions concerning the legality of interrogations and police officers are better able to protect their credibility by offering an objective account of the interrogation. Prosecutors also benefit because their cases are often reinforced when there is an electronic recording of what was said during interrogations while defense attorneys and defendants may be better able to assert their claims of forced or false confessions. Police departments that do not electronically record interrogations may soon be forced to by State legislation. The authors suggest that police agencies should not wait for legislation to require recordings and should instead begin the process of procuring the appropriate equipment as soon as possible. Endnotes