New Policy On Recording Statements Is Major Shift For DOJ

Law360, New York ( June 2, 2014, 12:15 PM EDT) -- The U.S. Department of Justice has announced a new policy with respect to the electronic recording of statements made by individuals in custodial situations prior to a person's initial appearance before a judicial officer. Beginning July 11, 2014, there will be a "presumption" that all such statements should be videotaped, or audiotaped if video is not available, so long as the facility where the individual is held has suitable recording equipment. Agents and prosecutors will also be encouraged to consider electronic recording in other circumstances, even when the new presumption does not apply. This announcement, issued May 22, 2014, reflects a significant policy shift for the DOJ....

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