Section 11.37 Tape Recorded or Videotaped Statements

• Library: Criminal Practice 2012 Supp

D. (§11.37) Tape Recorded or Videotaped Statements

As long as a proper foundation regarding accuracy is established, electronically or mechanically recorded statements are admissible in Missouri. State v. Lusk, 452 S.W.2d 219, 224–25 (Mo. 1970). A taped statement of the defendant can be compelling demonstrative evidence because it literally comes from the defendant’s mouth, thus allowing factors such as speech patterns, tone of voice, emphasis, sincerity, and emotion to be presented to the jury. Videotaped statements add strong visual evidence of the defendant’s demeanor, physical condition, and treatment to rebut or support allegations of involuntariness.

To be most effective, recorded statements should include a notation of the date, time, place, and persons present, along with the giving and acknowledgment of Miranda v. Arizona, 384 U.S. 436 (1966), rights. From the prosecution’s perspective, the taped statement should discuss any anticipated defense attacks on the admissibility...