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Videotaping Rule May Fall Short

Publication Date: 
August 23, 2014
Daily Journal - White Collar (Special Supplement)
Hadley Robinson

Professor Robert Weisberg weighs in on attempts to enforce videotaping of federal interrogations for The Daily Journal.

The Justice Department's announcement in May requesting federal law enforcement agents videotape their interrogations came after years of urging from the defense bar. But some criminal defense attorneys say the new policy doesn't go far enough. And attorneys who handle white collar work believe the policy will hardly impact their cases, and is a bigger deal for street or violent crimes, such as homicides or robberies.

"The police is so limited," said Timothy P. Crudo, a former assistant U.S. attorney and partner at Coblentz Patch Duffy & Bass LLP in San Francisco. "It is basically somebody who is in custody, in detention. For white collar people that doesn't happen."


In white collar cases, the arrest isn't that significant," said professor Robert Weisberg at Stanford Law School. "People are usually arrested only after investigation has been completed. There's much less spontaneity in the process."