Recording of Interrogations in Massachusetts

In 2004, the Supreme Judicial Court of Massachusetts held in DiGiambattista v. Commonwealth that when unrecorded statements are offered into evidence, the jury must be instructed that “the State’s highest court has expressed a preference that (custodial) interrogations be recorded whenever practicable.”

To avoid these unfavorable jury instructions, police departments throughout Massachusetts record custodial interviews.

Read the Supreme Judicial Court decision here: Commonwealth v. DiGiambattista.


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