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Issues Memorandum 1 (October 8, 2008)

handle is hein.nccusl/nccpub01021 and id is 1 raw text is: MEMORANDUM TO: Drafting Committee on Electronic Recordation of Custodial Interrogations Members, Advisors, and Observers FROM: Andrew E. Taslitz, Reporter DATE: October 8, 2008 RE: Issues to be Resolved Concerning the Content of a Uniform Statute on Electronic Recording of Interrogations I. Introduction The purpose of this memorandum is to identify the issues that must be resolved before drafting can begin on a uniform statute on electronic recording of the process of police interrogation. Rather than burden you with the law-review length commentary that can easily be written on any one of these topics, I will simply try to identify each issue and comment on the arguments for and against resolving each one in particular ways. I will not hesitate to express my opinion, where appropriate, as a way of promoting discussion. Where I think you may find it important, I will also attach other documents that provide useful background or elaborate further on some of these issues. I will sometimes use text, other times lists or charts-whatever I think is the most concise and effective way to convey the information. I will also generally eschew footnotes, except concerning what I think will be the most controversial issue before the Committee-what remedy to provide for the statute's violation. I will further often review what approaches various jurisdictions have followed in solving certain problems. But I will do so for illustrative purposes rather than making an effort at being comprehensive about every jurisdiction's stand on every issue. Even so, there are a sufficient number of drafting issues to discuss that this memorandum will be significantly

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