A Sept. 21 article in the Law Journal, “NYPD Adds Taping, Sparking Discussion of Further Initiatives,” described Commissioner Raymond Kelly’s plan to expand the videotaping of interrogations to all 76 precincts. Although the New York County Lawyers’ Association (NYCLA) supports the NYPD’s plan, the association calls for legislation to mandate law enforcement agencies to videotape in their entirety the custodial interrogations of crime suspects, or audiotape if videotaping is impractical.
NYCLA has called for the recording of police interrogations since it believes that by recording interrogations, definitive records will be created that will help ensure confessions are obtained without coercion or inappropriate conduct by law enforcement officers. While Kelly’s new program is a welcome expansion of the recordation practice, it is no substitute for legislation. A state law requiring the recordation of the entirety of a custodial interrogation is the only way to ensure uniform, enforceable procedures that can truly promote fairness and accuracy, and minimize the risk of wrongful conviction.
