Committee Recommends Recording Custodial Interrogations

The New Jersey Supreme today authorized the release of the report on Recordation of Custodial Interrogations. The committee that wrote the report was established as a result of the Court’s decision in State v. Cook, 179 N.J. 533 (2004). The committee recommends that the Supreme court encourage the electronic recording of custodial interrogations in New Jersey by either audio or audio-visual means. The adoption of such a procedure in New Jersey will require significant changes in criminal procedure and will require new court rules, jury instructions and police operating procedures.

The comment period will last until July 1st. The report is attached to this muni-mail. Re-printed below is a summary of the Supreme Court’s press release.

Supreme Court Releases Report on Recordation of Custodial Interrogations

In State v. Cook, which was decided in 2004, defendant argued that due process required the electronic recordation of custodial interrogations as a condition of their admissibility. Although the Supreme Court declined to find such a due process requirement, it concluded that the use of electronic recordation of custodial interrogations should be evaluated by a special committee. On Aug.10, 2004, the Court appointed the Special Committee on Recordation of Custodial Interrogations to undertake that task.

Comments on the Special Committee’s report and recommendations are being sought by the Court for its consideration prior to taking any action. The deadline for the submission of comments is July 1, 2005. Please submit them to the clerk of the Supreme Court at:

Clerk of the Supreme Court
Hughes Justice Complex
POB 970
Trenton, NJ 08625-0970

Comments also may be submitted via e-mail to the following address:

The Supreme Court will not consider comments submitted anonymously. Those submitting comments by mail should include their name and address; e-mailed comments must include the submitter’s name and e-mail address. Comments submitted in response to this notice will be maintained in confidence only if the author specifically requests confidentiality. In the absence of such a request, the author’s identity and his or her comments will be made available to the public after the Court has acted on the proposed recommendations.

Download the report

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