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This chapter focuses on the production of official records of police–suspect interviews in England & Wales, and the flaws in their current use as criminal evidence. It reveals the importance of the administrative processes undergone by an interviewee’s words post-interview, revealing how they shape – indeed, create – the resulting evidential product, especially through the institutional practice of summarising parts of the interaction. The journey from ‘live’ interaction in an interview room to an official evidential record is largely taken for granted within the legal system, with little-to-no internal or external scrutiny; this chapter argues that it should instead be recognised as a substantial contribution to – and transformation of – the resulting evidence, with all the dangers that potentially entails. Using data from the ‘For The Record’ project, including interview recordings and official police records alongside focus groups with practitioners, it demonstrates the importance for practitioners and researchers alike to pay closer attention to the format of the data they are examining, and to actively reflect on and seek out the many voices and actors which have shaped it.
Chapter 6 will explore paths to moving forward with police interrogation reform in the United States, parting from the lessons of other countries that have undertaken reform, such as the United Kingdom, Australia, Norway, and Canada, while focusing on three key areas: 1) police interrogation techniques, 2) the interview of vulnerable populations, and 3) changes in case law related to the reading of rights, invocation of rights, the use of trickery and deception, as well as the use of confessions to build and prosecute a criminal case. The goal of the chapter is to consider ways in which the issues presented in this book can be revisited to change the current state of police interrogation in the United States. This will require changes across the board: legislative, legal, police interviewing training, and also an acknowledgment of the role of cognitive, cultural, and sociolinguistic factors in police-suspect discursive interactions. A change of perspective on the presence of counsel in the interview room is also explored, looking at other jurisdictions outside of the United States which provide access to counsel to custodial suspects.
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