Blue Line

BOOK NEWS – Arcaro’s Interrogation Caselaw Book

June 2, 2015  By Morley Lymburner

705 words – MR


Arcaro’s Interrogation Case Law Book

AUTHOR: Gino Arcaro
REVIEWER: Morley Lymburner
PUBLISHER: Jordan Publications Inc.

Gino Arcaro has been writing study text books for many years; his first article as Blue Line’s legal editor appeared in our April 1993 edition. That was 22 years ago and even then he had a wealth of credits and experience.

He was a professor with Niagara College’s Law and Security Program and had previously served for 15 years as a Niagara Regional Police officer in a wide ranging career which culminated in the criminal investigation branch.

I was surprised upon meeting Gino for the first time to discover that writing was among his many interests. I was impressed with hIs first title, calling it a “phenomenal book” which “brings a street-wise Canadian cop’s knowledge to the list of legal books and references available today.”

I am equally impressed with his latest title, <Arcaro’s Interrogation Case Law Book,> which brings into clear focus the wider and contentious issues surrounding case law and interrogation.

Gino always goes a bit beyond. He begins this book by offering the reader 10 points in “Chapter Zero.” This is logically named to avoid the word “preface,” which he points out always sounds stuffy and boring.

Chapter Zero is a good example of what to expect and sets the theme for the rest of the book. It also has a worthy quote to remember: “It’s easy to put down if you don’t look up.”

<Chapter Zero

Point #1: The beginning and the ending of this book are the same.

Point #2: This book boils down to one word – conscience.

Point #3: There is no interrogation rule book or interrogation playbook in the Criminal Code.

Point #4: Nothing just happens.

Point #5: Confessions don’t just happen either.

Point #6: The way to weaken the defence is to score points.

Point #7: High credibility rating, high return.

Point #8: I call it “interrogation” instead of “interview” for a reason. I replaced “elicit” with “search.”

Point #9: The difference between success and failure is what’s given up.

Point #10: The reason I wrote this book was to make a difference. >

In conclusion it should be pointed out that this 120 page book is not the conclusion but the beginning. Gino has undertaken an aggressive agenda to publish eight volumes based on this same concept of what cops need to know about case law and the Criminal Code as it affects their daily working lives. Here’s his description of what these titles will be.

<The first two volumes explain the basics rules of confession admissibility, which have undergone significant change in the 21st century. Subsequent volumes explain the case law in relation to the interrogation sequence.

Volume One: How the “Contemporary Confessions Rule,” from R. v. Dickie (2000) applies to confession admissibility.

Volume Two: Focuses on Sec. 24(2) Charter, the landmark case R. v. Grant (2009) and the basic case laws that deal with how to prevent Charter violations. The second part teaches how to get a “true confession.”

Volume Three: The beginning of the “Playbook.” Derivative Case Law: Case law decisions that are derived from the Confessions Rule and Charter cases (those that apply interrogation laws).

Volume Four: Case law relating to all the information that an accused person or suspect has to be informed of, including the caution and Charter rights to silence, reason for arrest and right to counsel.

Volume’s Five to Eight: Explanation of “contextual” proper inducement, referring to case law interrogation strategies that have been cleared for use to get a true confession.>

This title will lead the way for Gino’s charge to enhance every officer’s understanding of the law as it relates to interviewing and how they can use it to their advantage every day. I would suggest anyone involved in educating those interested in making law enforcement their career take a serious look at this book, if not for the benefit of their students, then at least for their own reality check.

Given the creative energy Gino brings to all his projects I await his future endeavours with keen interest.


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