Montana Code 46-4-406. Purpose
46-4-406. Purpose. The legislature intends to require the electronic recording of custodial interrogations in felony cases based on the finding that properly recorded interrogations:
Terms Used In Montana Code 46-4-406
- Court: means a place where justice is judicially administered and includes the judge of the court. See Montana Code 46-1-202
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Peace officer: means any person who by virtue of the person's office or public employment is vested by law with a duty to maintain public order and make arrests for offenses while acting within the scope of the person's authority. See Montana Code 46-1-202
- Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
(1)provide the best evidence of the communications that occurred during an interrogation;
(2)prevent disputes about a peace officer‘s conduct or treatment of a suspect during the course of an interrogation;
(3)prevent a defendant from lying about the account of events originally provided to law enforcement by the defendant;
(4)spare judges and jurors the time necessary and the need to assess which account of an interrogation to believe;
(5)enhance public confidence in the criminal process; and
(6)have been encouraged by the Montana supreme court in a written opinion of that court.