Educing Information: Interrogation - National Intelligence University

objectively show what happened during the interrogation. 627 Such recordings,
Aubry argues, “should definitely be made of the entire interrogation procedure,
if for no other reason than to demonstrate conclusively that the confession was
secured in conformity with legal safeguards.” 628 He mentions no downside
to the recording of interrogations, though he does suggest that the recording
devices be hidden, perhaps indicating he would agree with some of Inbau et al.’s
concerns if the suspect were made aware that he is being recorded. Similarly, the
American Bar Association Criminal Justice Section and the New York County
Lawyers’ Association argue that it is “time the practice of videotaping complete
interrogations is mandated in all state and federal jurisdictions.” 629 Concerns about
false confession frame their argument: worries that as interrogators convince a
suspect that confession is rational and appropriate they may convince the innocent
individual to confess as well. 630
Despite Inbau et al.’s arguments, the videotaping of interrogations is coming
to be seen as a positive development by both law enforcement and the defense
bar. The National Association of Criminal Defense Lawyers supports the practice
as “a simple procedure that would deter human rights violations, reduce the
risk of wrongful convictions due to false confessions, and greatly enhance the
truth-seeking process by resolving factual disputes concerning interrogation.” 631
Law enforcement personnel — even those who initially opposed taping — are
beginning to recognize it as an effective means of countering false allegations of
misconduct and confirming the testimony of the police officers at a time when
juries have increasing mistrust of police testimony. 632 They also see the tapes as
an important training tool in three respects: first, they allow supervisors to review
and give feedback on the interrogations; second, they enable the individuals
conducting the interrogations to critique themselves; and third, because the tapes
will be shown to juries, the interrogators will have to be able to explain — and
thus better understand — the techniques they use to elicit confessions (e.g., theme
development, presentation of alternative questions, etc.). 633
Section 12. Summary: Interrogation Literature vs. Law
Enforcement Practice
Like the practical literature on which it is based, the interrogation training
provided by the U.S. law enforcement organizations consulted for this paper
generally fails to incorporate the factors that, according to empirical research,
might affect a suspect’s willingness to confess, and provides little or no training
627
Id., p. 72.
628
Id.
629
Report, p. 2.
630
Report, p. 3-4.
631
National Association of Criminal Defense Lawyers, NACDL Federal Legislative Priorities -
2004, at http://www.nacdl.org/public.nsf/Legislation/Prioritiesopendocument, accessed 16 April
2005.
632
Coleman Interview.
633
Id.
226