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99 Iowa L. Rev. Bull. 1 (2013)

handle is hein.journals/iowalrb5 and id is 1 raw text is: Watching the Detectives:
Electronic Recording of Custodial
Interrogations in Iowa
Brian R. Farrell & Sara K. Farrel**
I.  W HY  R ECO RD ? ..........................................................................................  2
A.   UNDERSTANDING FALSE CONFESSIONS ................................................. 2
B.   RECORDING AS A TOOL TO PREVENT WRONGFUL CONVICTIONS ............... 5
C.   ADDITIONAL BENEFITS OF RECORDING ................................................... 6
D.   RECORDING REQUIREMAENTS NATIONALLY .......................................... 7
II. ELECTRONIC RECORDING IN IOWA .......................................................... 8
A .  STATE  V. H AJTIC  ................................................................................. 8
B.   REACTION   TO  H AJTIC  ........................................................................ 10
C.   OTHER DEVELOPMAENTS SINCE HAJTIC ................................................ 12
1. Survey of Law Enforcement Practices and Policies ............... 12
2.  The  U niform   A ct ..................................................................  14
3.  State  v. M adsen  ...........................................................................  14
D .  THE  R OAD  AHEAD  ............................................................................ 15
In late 2oo6, the Iowa Supreme Court issued its opinion in State v.
Hajtic   that   encouraged      the    electronic    recording    of   custodial
interrogations.1 While some read the court's statement as a mandate, others
have not viewed it as such. Subsequent efforts to clarify a responsibility to
record via the legislative process yielded no results. Although the court
reiterated its encouragement in a recent case,2 it has not yet explicitly
required recording or delineated the scope of any requirement. As a result,
the recording of interrogations remains an unsettled area in Iowa state law,
*   Lecturer in Law and Human Rights, Director, Citizen Lawyer Program, and Assistant
Director, Center for Human Rights, The University of Iowa College of Law; B.A., St. Ambrose
University; J.D., The University of Iowa College of Law; LL.M. & Ph.D., Irish Centre for Human
Rights, National University of Ireland Galway. The author is a member of and former legislative
subcommittee chair of the Iowa State Bar Association Criminal Law Section Council.
** Associate Professor of Psychology, Coe College. B.A., University of Iowa; M.A.,
Minnesota State University, Mankato; Ph.D., Northern Illinois University. The authors wish to
acknowledge Darrel Parker for providing inspiration to write this Essay.
1. State v. Hajtic, 724 N.W.2d 449, 456 (Iowa 2oo6).
2.  SeeState v. Madsen, 813 N.W.2d 714, 721 (Iowa 2o12).

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