Recording of Interrogations in Delaware
In 2021, Delaware passed a law that requires the recording of all custodial interrogations – in their entirety – of juveniles and adults that are conducted at places of detention. “Places of detention”, as defined, include, but are not limited to, police stations, police vehicles, and, in the case of juveniles, schools. The law provides for specified exceptions to the recording requirement, however the prosecution has the burden to prove that an exception applies by a preponderance of the evidence. In the event that an exception does not apply, the court determines the admissibility and voluntariness of the statement and ultimately whether to allow it as evidence. In the case that the court allows the unrecorded statement, a jury instruction will be provided regarding the failure to comply with the requirement to record interrogations. Effective: 2021.