Policy Reforms
Policy Reforms
This concluding chapter presents recommendations to reform the way police question suspects. Some focus on general interrogation practice—for example, mandatory recording of all interviews, prompt determination of probable cause, time limits on interrogation, and more use of investigative interview techniques rather than the confrontational Reid Method. Others focus on juvenile-specific reforms—mandatory assistance of counsel when police question delinquents fifteen years of age or younger. These reform proposals address the fundamental conundrum of interrogation in an adversarial process. Of all these recommendations, only mandatory recording of interrogations can make visible that which takes place in secret, provide suspects with an objective record on which to appeal inquisitorial fact-finding, and enable trial judges to assess Miranda waivers and voluntariness and reliability of confessions. It enhances factual accuracy, limits government overreaching, and maintains a proper balance between the individual and the state.
Keywords: police questioning, mandatory recording, prompt probable cause, interrogation, counsel, Miranda waivers
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