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 Reid News & Legal Updates Newsletter
Summer 2012

Dear Reid Supporter:

Summer is here with a vengeance this year.  The heat has been extreme in nearly every seminar site we have traveled. We hope you have enjoyed your summer thus far and hope to see some cooler days ahead.

 

With summer comes the development of our 2013 schedule.  Our tentative plan is to have the 2013 open enrollment seminar schedule posted on our website in August.  Is there a city you would like us to schedule in 2013?  Please let us know!    

 

Our instructors are asked a multitude of interesting questions throughout the year but one often posed is "What books do you recommend or what have you read recently?" Of course we always recommend Criminal Interrogations & Confessions, 5th Edition (read review below) and are confident you will find our other books available through our website store to be both interesting and beneficial. Listed below are books that our instructors have recently read for both pleasure and business. Perhaps you will enjoy them as well.

  • Gift of Fear by Gavin de Becker
  • The Black Banners by Ali H. Soufan
  • The Hunt for KSM by Terry McDermott and Josh Meyer 
  • The Invisible Gorilla by Daniel Simons and Christopher Chabris  
  • The Power of Habit by Mike Chamberlain
  • The Threat Matrix by Garrett M. Graff  
  • Thinking, Fast and Slow by Daniel Kahneman
  • Your Brain at Work by David Rock

Do you have any book recommendations for us?  Go to our Facebook Like us on Facebook page and let us know!  We look forward to hearing from you regarding your recommendations of books to read and cities you would like us to attend in 2013!  

 

Sincerely,

Joseph P. Buckley

President

Reid News  

 

CO-HOST A SEMINAR

Now is the time to be thinking of your 2013 training needs.  Our 2012 schedule has only a few open time slots remaining for on-site seminars, and many of you are already scheduled to co-host in 2013, saving time and money by sponsoring our training at your site. Don't delay in contacting our seminar coordinators Debbie Plese or Dee Rohrer before the schedule is full.  To learn more about co-hosting a seminar click here.  You can also reach Debbie or Dee direct by email or phone:

 

Debbie Plese 888-255-1635, [email protected] 

Dee Rohrer    877-887-1488, [email protected] 

 

 

New Review of the "Must-Have" Criminal Interrogations and Confessions, Fifth Edition 

 

The recently published Fifth Edition of Criminal Interrogation and Confessions , by the late Fred E. Inbau, the late John E. Reid, Joseph P. Buckley, and Brian C. Jayne, was reviewed for the June issue of Security Management magazine.  According to reviewer and former FBI Special Agent, Kevin D. Eack:

"This valuable resource is a "must have" for those who engage in investigative interviews and interrogations. While it contains advanced material for the experienced investigator, it is also a valuable and ready resource for the beginner in the profession. Well organized and well indexed, the publication walks the reader through the verbal, nonverbal, and behavioral aspects of investigative interviews and interrogations....this publication should be on the desk or nearby shelf for every security or law enforcement professional engaged in investigations."

 Read the full review from Security Management magazine. 

 

Reviewer: 

Kevin D. Eack is a former FBI Special Agent, former Illinois state prosecutor, and former member of the Illinois State Police. With a total of 28 years in law enforcement, and a significant level of experience as an investigative senior executive, Kevin is presently the chair of ASIS International's Council on Global Terrorism, Political Instability and International Crime.

 

About the book:

Criminal Interrogation and Confessions, Fifth Edition presents the Reid Technique of interviewing and interrogation and is the standard used in the field. The updated Fifth Edition presents interviewing and interrogation techniques, based on actual criminal cases, which have been used successfully by thousands of criminal investigators. This practical text is built around simple psychological principles and examines interrogation as a nine-step process that is easily understood by the reader.  Learn more about the Fifth Edition. 

Featured Article

The Importance of Discussing the Miranda Rights with a Juvenile Suspect


In the case of Commonwealth v. Wade W., a juvenile (April 2012) the Appeals Court of Massachusetts overturned the lower court's admission of the defendant's incriminating statements because of concern regarding the subject's understanding of the Miranda warnings.

 

From the court's opinion:

 

"On November 10, 2008, Saugus police officers were investigating a bomb threat that had been written, in some fashion, in the boys' bathroom at Saugus High School. Two officers spoke with the sixteen year old juvenile, in the presence of his mother and stepfather, at the Saugus police station. The motion judge found "the interrogation was custodial." At the beginning of the interview, one officer, Detective Frederick Forni, read to the juvenile his Miranda rights. Forni read them one after another fairly rapidly, and without stopping between them; at the end of the recitation, he asked if the juvenile understood his rights, and then passed the form to the juvenile's mother and asked her to look at it. Forni did say more than once that both the juvenile and his mother could ask questions if they wished. The juvenile's mother looked briefly at the form and then handed it to her son, who signed it immediately without appearing to read it. Forni then directed the juvenile to a place on the form saying, "[T]his next line just is the waiver; keeping these rights in mind that you still want to talk to us." The juvenile began to write and his mother said, "So he's not waivering his rights?" Forni said, "I'm sorry?" The mother said, "Is that what he's doing? He's not waivering his rights?" Forni responded, "Well, no...." At this point, the second officer, Detective Donovan, spoke over Forni and said, "He's just saying that he'll talk to us." Forni added, "Yeah, that's what we say. If you would, just sign as a witness and then just put mother there."

 

At the hearing on the motion to suppress, the juvenile's mother testified that she did not understand that she was there to advise her son about his rights, or that he was waiving his right to remain silent, or that "an attorney would have been appointed ... prior to any questioning at [her] request." She also testified that, before she joined her son and his stepfather in the interview room, Detective Donovan had told her that he wanted to speak to her son before she spoke with him or told him anything.

 

"In reviewing a ruling on a motion to suppress, '[w]e accept the judge's subsidiary findings absent clear error but conduct an independent review of his ultimate findings and conclusions of law.' Commonwealth v. Bostock, 450 Mass. 616, 619 (2008), quoting Commonwealth v. Jiminez, 438 Mass. 213, 218 (2002). '[O]ur duty is to make an independent determination of the correctness of the judge's application of constitutional principles to the facts as found.' Commonwealth v. Bostock, supra at 619." Commonwealth v. Hoyt, 461 Mass. 142, 148 (2011). In addition, as in Hoyt, we have before us in the record the interrogation video recording and the transcript of the interrogation. "We are thus 'in the same position as the motion judge in viewing the videotape.' "Hoyt, supra, quoting from Commonwealth v. Prater, 420 Mass. 569, 578 n. 7 (1995). See Commonwealth v. Novo, 442 Mass. 262, 266 (2004), quoting from Commonwealth v. Bean, 435 Mass. 708, 714 n. 15 (2002) (court "will 'take an independent view' of recorded confessions and make judgments with respect to their contents without deference to the fact finder, who 'is in no better position to evaluate the[ir] content and significance'"). "A juvenile defendant over the age of fourteen may properly waive his constitutional rights if, after having been advised of those rights, he was afforded an opportunity to consult with an interested adult who was informed of and understood those rights" (emphasis supplied). Commonwealth v. McCra, 427 Mass. 564, 567 (1998). Under all of the circumstances here, we are persuaded that the Commonwealth did not meet its burden of proving beyond a reasonable doubt that the juvenile's waiver of his rights was knowing and intelligent, because it is not clear that his mother, the interested adult, in fact understood those rights. To her question whether the juvenile was waiving his rights, Forni's first response was "No." It may be, as the Commonwealth argues, and as the officer himself testified, that Forni intended the answer to be a contradiction of the mother's statement that the juvenile was not waiving his rights; we do not mean to suggest that the officer intended any deception. However, the officer's state of mind is not the issue.

 

In addition, Detective Donovan's response, "He's just saying that he'll talk to us," undercut, rather than reinforced, the earlier warnings. In order to show a knowing and intelligent waiver under these circumstances, the officers were required either to respond that the juvenile was in fact waiving certain rights and to explain those rights again or, at a minimum, to ask the mother to explain her question so that they could respond appropriately. The mother's question "clearly indicated that [s]he was confused about the legal consequences of making a statement, and [s]he was effectively, though not intentionally, deceived by the officer's response." Commonwealth v. Dustin, 373 Mass. 612, 613 (1977).

 

Click here for the complete opinion.
 


Summer 2012 Legal Updates

 

In our Legal Updates Summer 2012 column we feature cases that address the following issues:

  

 

Click here for a short summary of each of the above cases   

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