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In 2004, the Supreme Judicial Court of Massachusetts held in DiGiambattista v. Commonwealth that when unrecorded statements are offered into evidence, the jury must be instructed that "the State’s highest court has expressed a preference that (custodial) interrogations be recorded whenever practicable."


To avoid these unfavorable jury instructions, many police departments throughout Massachusetts are working collaboratively with the Attorney General and District Attorneys to formulate a protocol on recording custodial interviews.


Read the Supreme Judicial Court decision here: Commonwealth v. DiGiambattista

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