☰ In this section

The Champion

July 2012 , Page 16 

Search the Champion Looking for something specific?

Preview of Member Only Content

For full access: login or Become a Member Join Now

Uncovering Defenses in Undercover Recordings

By Sam Guiberson

Avoid Prejudging the Recorded Evidence

As lawyers begin to review the recorded evidence in undercover cases, the first mistake they often make is to assume that because there are secretly recorded conversations, those conversations must incriminate somebody of doing something illegal. The second mistake lawyers make is to read the government transcripts to find out how many ways their clients are guilty. Beginning the recorded evidence review with negative presumptions about its inevitably incriminating content is a road to nowhere.

Losing the mindset of a client’s accusers requires concentrating only on the client’s understanding of what was taking place as the conversations were being recorded. Law enforcement officials conduct sting operations under completely different rules of conversational interaction than ordinary informal conversation. Few jurors realize what total control of the target’s physical, psychological, and emotional environment occurs in an undercover operation. Until

Want to read more?

The Champion archive is reserved for NACDL members.

NACDL members, please login to read the rest of this article.

Not a member? Join now.
Join Now
Or click here to see an overview of NACDL Member benefits.

See what NACDL members say about us.

To read the current issue of The Champion in its entirety, click here.

  • Media inquiries: Contact NACDL's Director of Public Affairs & Communications Ivan J. Dominguez at 202-465-7662 or idominguez@nacdl.org
  • Academic Requests: Full articles of The Champion Magazine are available for academic and research purposes in the WestLaw and LexisNexis databases.
Advertisement Advertise with Us

In This Section

Advertisement Advertise with Us