Failure to electronically record an interrogation – State v. Cook

This morning, in State v. Cook, the New Jersey Supreme Court ruled that the failure of police to electronically record an interrogation and confession by an arrested suspect DOES NOT violate the a defendant’s right to due process of law under the New Jersey Constitution. However, the Justices also ruled that the practice of recording has great utility in assessing the reliability and trustworthiness of confessions. Accordingly, the Court ruled that it will establish a committee to study the issue and report back to the Court.

The Justices also noted that the issue of electronic recording of interrogations is currently under consideration by both the executive (i.e. attorney general) and legislative branches of government.

State v. Cook is a murder case from Middlesex County. The opinion of the Court was written by Justice LaVecchia.

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