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Criminal Law

: Tennessee Criminal Lawyer Blog

Electronic Recording of Statements Made to Police Should Be Mandatory

By Baker Associates

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Whether statements and confessions given by suspects to police should be electronically recorded is an issue that is beginning to come to the forefront of criminal law across the nation. Proponents of mandatory recording argue that recording is necessary to ensure fairness for defendants and efficiency in the courts. The thrust of their argument is that if all statements and confessions had to be recorded, there would be no question about what the defendant said or admitted to during interrogation and there would also be evidence of whether or not various constitutional requirements were met concerning the interrogation, such as whether the defendant was properly Mirandized. Opponents of mandatory recording argue that such a requirement would impede the interrogation process, make defendants less likely to give statements, and would interfere with the discretion of law enforcement in doing their jobs...continue to full post

Full post as published by Tennessee Criminal Lawyer Blog on March 11, 2010 (boomark / email).

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