Maryland- A Judge warns of a ‘system of subterfuge’ in police interrogations.

A stern warning from a Montgomery County Circuit Court judge that county police officers are overly aggressive, to the point of breaking the law in their interrogations, is a worrisome sign.

In June, Judge Eric M. Johnson agreed with a request from defense attorneys to throw out a confession in the case of a man who was accused of raping his 14-year-old daughter for three years. Prosecutors are appealing the decision, according to a story in The Washington Post.

“A system of subterfuge has developed in the law enforcement community with respect to interrogation techniques,” Johnson said in the story.

The system to which he was referring relates to the administration of Miranda rights, which exist to ensure that police questioning complies with the Fifth Amendment, which protects against self-incrimination. There are fine legal points as to whether a person is in custody during questioning, which would require the reading of Miranda rights; if someone is being questioned while not “in custody,” the rights are not mandated.


Link:
http://www.gazette.net/article/20110803/OPINION/708039534/-1/judge-warns-of-system-of-subterfuge-in-police-interrogations&template=gazette