This Actually Makes No Sense: Recording Interrogations Makes for Better Justice

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Kristian Bryant Rose has posted Of Principle and Prudence: Analyzing the F.B.I.’S Reluctance to Electronically Record Interrogations (9 Okla. J.L. & Tech. 64 (2013)) on SSRN.

Here is the abstract:

Currently, the F.B.I. maintains a policy that generally precludes electronically recording interrogations and interviews of suspects. Instead, the Bureau relies on “302 reports,” whereby an agent transcribes, by hand, what is said during an interview. But this practice is not without exception. In certain circumstances, the Special Agent in Charge of a field office may exercise discretion to allow the recording of an interview. Nonetheless, the majority of interactions between Special Agents and suspects during interrogations and interviews remain obscured – if not veiled – by analog practices.

1 thought on “This Actually Makes No Sense: Recording Interrogations Makes for Better Justice”

  1. Judge Burke,

    I recently came across your post here and found myself intrigued by the title! I’m not sure if you provide a substantive response on the blog anywhere and I just can’t find it, but I’d love to hear why the proposition “makes no sense.”

    Thanks for taking time to enter the conversation. I’m eager to learn more from your perspective.

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