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Filmmaking In The Precinct House And The Genre Of Documentary Film, Jessica Silbey
Filmmaking In The Precinct House And The Genre Of Documentary Film, Jessica Silbey
Faculty Scholarship
This Article explores side-by-side two contemporary and related film trends: the recent popular enthusiasm over the previously arty documentary film and the mandatory filming of custodial interrogations and confessions.
The history and criticism of documentary film, indeed contemporary movie-going, understands the documentary genre as political and social advocacy (recent examples are Michael Moore's Farenheit 9/11 and Errol Morris's Fog of War). Judges, advocates, and legislatures, however, assume that films of custodial interrogations and confessions reveal a truth and lack a distorting point of view. As this Article explains, the trend at law, although aimed at furthering venerable criminal justice principles, …
The Electronic Recording Of Criminal Interrogations, Roberto Iraola
The Electronic Recording Of Criminal Interrogations, Roberto Iraola
University of Richmond Law Review
Should law enforcement officers be required to record, by video or audiotape, custodial interrogations of suspects? If so, how much, the entire interrogation or just the confession? Many prosecutors and police departments maintain that a recording requirement will hamper law enforcement and discourage suspects from talking. Proponents of this measure argue that the recording of interrogations protects against false confessions, augments the effective administration of justice, and serves to improve the relationship between the public and the police.
This article generally examines the developing case law on this question. Because of the incriminating nature of confessions, the article, by way …