TITLE 11

Crimes and Criminal Procedure

Criminal Procedure Generally

CHAPTER 20. Custodial Interrogations

Subchapter II. Deceptive Tactics in Interrogations of Persons Under 18 Years of Age

83 Del. Laws, c. 447, § 1
§ 2021. Definitions.

As used in this subchapter:

(1) “Custodial interrogation” means as defined in § 2002 of this title.

(2) “Deceptive tactics” means stating evidence presently exists, knowing that it does not, or communicating promises of leniency in sentencing, charging, or pretrial release in order to induce a confession or other incriminating evidence.

(3) “Law-enforcement officer” means as defined in § 2002 of this title.

83 Del. Laws, c. 447, § 1

§ 2022. Deceptive tactics prohibited.

(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.

83 Del. Laws, c. 447, § 1