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(Wis.) Supreme Court: Police Must Videotape Juvenile Interrogations
July 8, 2005
Green Bay Press Gazette
By Nate phelps
nphelps@greenbaypressgazette.com
MADISON — The state Supreme Court ordered police across Wisconsin to start electronically recording all interrogations of juveniles in custody, saying the recordings should help cut down on false confessions.
Hundreds of jurisdictions that voluntarily record interrogations have proven the recordings prevent disputes about detectives’ conduct and give courts a more accurate record of a juvenile’s interrogation, the court said.
Prosecutors could not use unrecorded interrogations and any written confessions that come out of them as evidence in court, the ruling said. Videotape is the preferred way to record an interview, although the court said audio recordings would satisfy its order.
Recordings will save time in court that otherwise would have been spent weighing whether a confession should be thrown out, the court said. Defense attorneys hailed the decision.
“(Recording is) particularly important with juveniles. They’re more easily bullied than adults,” said Jack King, a spokesman for the National Association of Criminal Defense Lawyers, which filed support briefs in the case. Police say the ruling could burden agencies as they try to find money for recording equipment and room to store recordings.
“It’s obviously a huge change in procedure,” said Capt. Greg Urban of the Green Bay Police Department, which doesn’t record interrogations.
In De Pere, patrol officer Dennis Gladwell said videotaping interviews with most juveniles is something they have been doing on a regular basis prior to Thursday’s ruling.
“It’s not just helpful for law enforcement, it’s also helpful for the person who is accused … because now there is evidence to prove ‘He didn’t say this,’ or things like that,” he said. “I don’t see a problem with it; it’s just another tool that can be utilized to make the case more credible.”
Unlike some departments, Gladwell said, De Pere already has state-of-the-art-equipment installed that allows them to tape interviews.
It’s a different story for the Brown County Sheriff’s Department. Chief Deputy John Gossage said the ruling won’t change investigative or interrogative procedures, but it will cost the department to purchase recording equipment.
“We’re going to spend more money to do this because we’re going to have to make sure our rooms are equipped with video taping and/or some type of electronic taping,” he said. “It really doesn’t affect us from an investigatory standpoint, because all of our interrogations are done under the purview of the law.”
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