California joins states requiring recording of custodial interrogations
California joins the growing list of states requiring police to record custodial interrogations. Quoting from a local listserv post, here’s the story:
Senate Bill 171, authored by Senator Elaine Alquist (D-San Jose) was approved by the California Legislature late last night. After more than a year and a half of debate, negotiations and amendments, the measure won approval of both the State Senate and Assembly. Governor Arnold Schwarzenegger now has until September 30 to either sign or veto the measure.
The bill requires law enforcement officers to electronically record all interrogations in violent felony or homicide cases if the interrogation takes place in a police station. Failure to record triggers a cautionary jury instruction which is to be written by the California Judicial Council.
During the Senate Floor Debate, Senator Elaine Alquist assured her colleagues that the bill is designed to “stop convicting innocent individuals.” Many studies have confirmed the fear that false confessions often times result in wrongful convictions. A study by Northwestern Law School determined that half of the wrongful convictions in Illinois involved false confessions. A New York law school survey revealed that of those individuals exonerated by DNA evidence, 24% were prosecuted using false confessions.
In July of this year the California Commission on the Fair Administration of Justice recommended that all interrogations be electronically recorded. http://www.ccfaj.org/documents/reports/false/official/falconfrep.pdf
Its research indicated that false confessions are the second leading factor in wrongful convictions.
CACJ joined the California Public Defender’s Association and the ACLU (the lead organization) as co-sponsors of the bill. In addition, the California District Attorney’s Association and the California Attorney General supported the bill.
To view the final text of the Senate Bill, click here.
RP