State Sen. Karen Tallian, D-Ogden Dunes, said a recent order by the Indiana
Supreme Court dealing with electronic recordings of interrogations will
strengthen the state’s criminal justice system.
Tallian issued a statement responding to the court’s decision to require law
enforcement to electronically record statements from suspects during
interrogations in order for those statements to be allowed as evidence in
the prosecution of felony criminal cases.
Tallian authored legislation this year that would have made such a
requirement law, but the bill did not receive a hearing in a Senate
committee. The Supreme Court’s order makes the recording requirement part of
the state’s rules of evidence.
Other states have implemented similar requirements through legislation, case
law, or as a rule by the state’s Supreme Court. Illinois was the first state
to legislate this requirement, under then-State Senator Barack Obama, for
charges of manslaughter, murder and homicide. Such legislation has been
endorsed by the American Bar Association.
Tallian said that providing a video recording of a suspect’s statement helps
jurors and judges assess that a statement has been made voluntarily and
minimizes the risk of wrongful convictions. It also lends additional
credibility of the circumstances under which the statement was obtained and
protects the interrogating officers from false accusations of coercion, she
said.
“Public safety is improved by policies that ensure the time, effort and
taxpayer money spent on cases will bring the right people to trial as soon
as possible,” Tallian said. “This helps us get dangerous criminals off the
street and protect innocent people from false charges.”
Indiana’s new rule begins on Jan. 1, 2011, and requires that the recording
include the visible images and voice of the suspect as well as the voices of
interrogating officers. Exceptions to the rule include incidents when a
statement is made spontaneously or when a suspect refuses to be recorded.
Tallian said a fiscal analysis completed for her proposed legislation found
that the change would result in minimal costs, because most county and
municipal offices, as well as the Indiana State Police, are already
recording interrogations.
More information on the details of the new rule and the complete rules of
evidence can be found on the Supreme Court’s website at courts.in.gov/rules