Delaware § 2022 Deceptive tactics prohibited

Delaware Statutes

§ 2022 — Deceptive tactics prohibited

Delaware·Title 11·Part Criminal Procedure Generally·Ch. 20 Custodial Interrogations·Subch. Deceptive Tactics in Interrogations of Persons Under 18 Years of Age

(a)Deceptive tactics in a custodial interrogation of a person under 18 years of age are prohibited.

(b)(1) Except as provided in paragraphs (b)(2) and (b)(3) of this section, a statement of a person, who at the time of the interrogation was under 18 years of age, is inadmissible in any criminal or delinquency court proceeding if it was made during a custodial interrogation in which deceptive tactics were used. An inadmissible statement under this subsection shall have no effect on the admissibility of evidence obtained as a result of the statement if the evidence would have been discovered through independent lawful means or if knowledge of the evidence was acquired through an independent source.

(2)A statement that is otherwise inadmissible under paragraph (b)(1) of this section may

Free access — add to your briefcase to read the full text and ask questions with AI

(a) Deceptive tactics in a custodial interrogation of a person under 18 years of age are prohibited.

(b) (1) Except as provided in paragraphs (b)(2) and (b)(3) of this section, a statement of a person, who at the time of the interrogation was under 18 years of age, is inadmissible in any criminal or delinquency court proceeding if it was made during a custodial interrogation in which deceptive tactics were used. An inadmissible statement under this subsection shall have no effect on the admissibility of evidence obtained as a result of the statement if the evidence would have been discovered through independent lawful means or if knowledge of the evidence was acquired through an independent source.

(2) A statement that is otherwise inadmissible under paragraph (b)(1) of this section may be admitted if the State proves by a preponderance of the evidence that the statement is reliable and was not induced by the use of deceptive tactics.

(3) A statement that is otherwise inadmissible under this section may be admitted to impeach the defendant, if the State proves by a preponderance of the evidence that the statement is reliable and not induced by the use of deceptive tactics.

Delaware § 2022 (Deceptive tactics prohibited) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.