Tape defendant's statement, or don't use it
Requiring law enforcement to tape interviews whenever possible and not only permitting taped answers at trial would balance the suspect's 5th Amendment privilege not to answer police questions and 6th Amendment right to the assistance of counsel. It would also protect those who talk without the presence of a lawyer from having their statements turn from harmless responses to damaging admissions. The Ramzi Ahmed Yousef World Trade Center bombing prosecution and the Terry Nichols Oklahoma City bombing case are examples, as the prosecution in both cases depended heavily on admissions to law enforcement reconstructed later from memory at trial.
Publication Name: The National Law Journal
Australian perspective: proving insurance fraud
Civil litigation may provide relief for insurers injured by the arson fraud of insureds in Australia. The civil balance of probabilities standard of proof is not easy to overcome in cases where the fraudulent parties are also potentially subject to severe criminal sanctions. However, it has been and can be done even in cases of arson if adequate evidence supports the probability of liability.
Publication Name: Federation of Insurance & Corporate Counsel Quarterly
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