On Thursday, May 31, the State Assembly’s Committee on Codes conducted a hearing on issues important to our Criminal Justice Section, including the videotaping of custodial interrogations, which is part of the Association’s legislative program.
At the hearing, four men, having served a combined 63 years in prison for crimes they did not commit, testified that videotaping would benefit not only those who have been wrongly accused but in the prosecution of those charged with criminal acts in the future. A bill (A8693 - Lentol), which would enable videotaping of interrogations (Section 18), and includes language drafted by the Bar Association’s Criminal Justice Section, has passed in the Assembly but faces some opposition from the Senate and the Administration.
Video taping ensures the integrity of the fact-finding process by accurately recording the full course of an interrogation, thereby reducing false denials that incriminating admissions were made, or that such admissions were obtained by coercion or intimidation. Recording also improves the quality of police interrogations through improved monitoring by supervisors, use of recordings for training purposes, and the use of taped admissions to confront suspected accomplices. Finally, recording helps prevent the inappropriate treatment of detainees and reduces the likelihood that the detainees can lodge false complaints of physical or psychological abuse.
This proposed legislation is beneficial to all sides of the equation as it creates a clear account of what was said by the accused and the accusers, and in the appropriate context. These records can be used at trial by the prosecution or the defense to assist them in making their respective cases.
The Association is currently engaged in establishing pilot programs in regions across the state to videotape interrogations, which we expect will be a positive experience. We support the creation of this legislation that would mandate the videotaping of interrogations, and other common sense initiatives that will enhance and preserve justice. The four innocent men who lost 63 years of their lives deserve nothing less, as do those accused in the future, who might otherwise meet similar fates.