NCJ Number
56883
Journal
Criminal Law Review Volume: 1979 Dated: (JANUARY 1979) Pages: 6-23
Date Published
1979
Length
18 pages
Annotation
THE ADVISABILITY OF REQUIRING POLICE TO TAPE-RECORD INTERROGATIONS OF SUSPECTS IS DISCUSSED BY A BRITISH LAW REFORM COMMITTEE MEMBER WHO FAVORS SUCH A REQUIREMENT.
Abstract
THE PROBLEMS AND ABUSES THAT RECORDINGS COULD HELP TO REMEDY ARE CONCERNED WITH MISLEADING OR FALSE WRITTEN CONFESSIONS, IMPROPER QUESTIONING TACTICS BY POLICE, AND INACCURATE OR FALSE ATTRIBUTIONS OF VERBAL STATEMENTS TO SUSPECTS. A BRITISH GOVERNMENT COMMITTEE HAS RECOMMENDED THAT AN EXPERIMENT IN TAPE RECORDING SUSPECTS' STATEMENTS BE UNDERTAKEN, BUT THE PROPOSED EXPERIMENT AS PROPOSED IS TOO NARROW IN SCOPE. RECORDINGS SHOULD BEGIN AT THE MOMENT THE SUSPECT ENTERS THE INTERVIEW ROOM, NOT AFTER THE POLICE HAVE FINISHED THEIR REMARKS PRIOR TO TAKING A STATEMENT. THERE SHOULD ALSO BE EXPERIMENTS WITH VIDEO TAPING AS WELL AS SOUND RECORDING. THE BRITISH POLICE HAVE BEEN LARGELY SUCCESSFUL IN CONVINCING THE HOME OFFICE THAT THEIR OBJECTIONS TO THE RECORDING OF INTERROGATIONS ARE VALID. THESE OBJECTIONS INCLUDE THE FOLLOWING: (1) THE COURTS WOULD TEND TO DISREGARD ANY UNRECORDED EVIDENCE, EVEN IF A VITAL STATEMENT WAS MADE WHEN NO RECORDER WAS ON HAND; (2) EQUIPMENT COSTS WOULD BE TOO HIGH; (3) RECORDINGS MIGHT BE ALTERED; (4) TAPES WOULD CONTAIN INADMISSIBLE EVIDENCE AND WOULD HAVE TO BE EDITED; (5) SUSPECTS MIGHT 'PLAY ACT' FOR THE BENEFIT OF THE RECORDER; AND (6) RECORDINGS MIGHT ADD TO THE LENGTH OF TRIALS. AN OBJECTION THE POLICE HAVE NOT RAISED IS THAT SOME SUSPECTS MIGHT BE UNWILLING TO HAVE THEIR REMARKS RECORDED. SOME OF THESE ARGUMENTS SEEM DUBIOUS; OTHERS RAISE POINTS THAT CAN AND SHOULD BE DEALT WITH. HOWEVER, IT IS POSSIBLE THAT THE REAL REASON BEHIND POLICE RESISTANCE TO A RECORDING REQUIREMENT IS CONCERN OVER THE CONSEQUENCES OF PUBLIC INSPECTION OF INTERROGATION PRACTICES. (LKM)