New Court Rule Requires Recording Confessions – Rule 3:17

This afternoon, the New Jersey Supreme Court announced a new Rule of Court that will eventually require electronic recording of custodial interrogations for certain serious offenses. The new Rule 3:17 goes into effect on January 1, 2006 and will, for the first year, apply only in cases of homicide. Beginning in 2007, the Rule will apply to other selected serious crimes. The covered crimes are the same as those listed in Rule 3:3-1(c)(1) for which an arrest warrant must always be prepared after a defendant has been arrested.

The new rule is based upon the Court’s adoption of the recommendations of the Special Committee on Recordation of Custodial Interrogations. Along with the new rule, the Justices also promulgated a jury instruction.

Download Rule 3:17, the jury instruction and the Administrative Determination by the Supreme Court that implements these changes.

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