On May 12, 2014, the Department of Justice outlined new policies relative to electronic recording. NACDL previously issued correspondence to DOJ encouraging the electronic recording during custodial interrogations. While we cannot be sure that NACDL's letter was the catalyst for the new policies, the new policy is a significant step forward for DOJ and sends an important message to other jurisdictions that do not currently record. Please see NACDL's letter to the Department of Justice, NACDL's News Release and the memo detailing the the policy.
A videotape recording of a statement from start to finish of an arrest interrogation and subsequent confession provides the most objective means for evaluating what occurred during an interrogation. For this reason, NACDL supports the videotaping of all law enforcement interrogations from beginning to end and calls upon state legislatures to pass legislation mandating this practice.
NACDL is pleased to host a comprehensive compendium of jurisdictions that have enacted statutes or rules on electronic recording. This compendium was compiled by Tom Sullivan, NACDL Member and Partner with Jenner & Block. We hope this information is useful to you as you seek reform efforts in your jurisdictions. Please click here to learn more about the project.
Links to resources on interrogation recordings and possible reform are available below:
Uniform Law Commission (ULC) Model Legislation
Letters & Testimony
Reports & Papers