Recording of Interrogations in Vermont
Vermont state statute mandates the audio or audio and visual electronic recording of interrogations of a person suspected of a felony violation of homicide or sexual assault. If law enforcement fails to record the custodial interrogation, the prosecution must prove by a preponderance of the evidence that one of the exceptions identified in the statute applies. If the prosecution does not meet the burden of proof, the evidence is still admissible, but the Court shall provide cautionary instructions to the jury regarding the failure to record the interrogation. Effective: 2015.