Panel Will Set New Rules For Criminal Interrogations
Monday, July 25, 2011
A new task force will be created to determine when criminal interrogations should be recorded electronically, according to legislation passed by the General Assembly and signed into law by Governor Lincoln Chafee.
The 11-member panel will be made up of the Attorney General, the public defender or their designees, the Superintendent of State Police, the President of the Rhode Island Police Chiefs’ Association, the head of the Municipal Police Training Academy, the President of the Rhode Island Bar Association, the President of the Rhode Island Association of Criminal Defense Lawyers, Providence’s Public Safety Commissioner, a chief from a small police department that does not have an established policy concerning the recording of custodial interrogations, the police chief from a department that does, and the executive director of the Rhode Island Commission for Human Rights.
The goal is to create a statewide set of standards regarding when criminal interrogations should be recorded. It’s a measure that has received support from many community activists, who believe recordings can also deter the police from using excessive force against alleged criminals.
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Representative Donna Walsh, who sponsored the bill in the House, said she believes it is important to use technology for everyone involved in a criminal altercation.
“When a person is accused of a crime so serious that it merits the strongest punishment available in Rhode Island, life imprisonment, every available precaution should be taken to make sure justice is served,” Walsh said. “Making a recording of the interrogation is one simple, inexpensive step that can provide clarity to the record of the investigation and help juries and judges know what the suspect and the interrogators said.
“We’re confident that this task force will work hard to create a policy that will take advantage of this simple and effective technology for the sake of justice for everyone involved.”
Carcieri Vetoed Past Legislation
Walsh’s legislation is a step in a different direction from a bill lawmakers supported each of the previous two sessions. In those bills, police would have been required to electronically record custodial criminal interrogations in cases that could result in life imprisonment of the accused.
Former Governor Don Carcieri vetoed each piece of legislation.
The new bill will require the task force to study the issue and make recommendations to the General Assembly by February 1, 2012. The panel will look at existing recording practices being used by cities and towns around the state as well as models from other states. They will consider both when a recording should be required and in what format (audio or video) it will be recorded in.
Jabour: We Understand Concerns
While other states have passed laws enforcing the recording of criminal interrogations, some law enforcement officials have expressed concern. In Michigan, for example, police officers said they believed the cost to be too high and said they were concerned malfunctioning equipment could potentially impact the result of a criminal case.
But Senator Paul Jabour, who sponsored the bill on the Senate side, said that will not be the case should the state eventually make recording mandatory.
“We understand the concerns of law enforcement about the possibilities of technical or human failure getting in the way of an electronic recording, and we want them to feel confident that any new law requiring electronic recording will not stand in the way of justice if one of those things should occur,” Jabour said. “This task force will ensure that all of the concerned parties have a voice in the process of creating a policy that puts electronic recording to good use in important investigations statewide.”
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