Examining the Possibility of Expanding the Use of Digital Images Recorded in the “Audio-Visual Recording of Custodial Interrogation” System

Japan has recently introduced the “Audio-Visual Recording of Custodial Interrogation” system to verify the voluntariness of confessions or other disadvantageous statements of the accused that are contained in their depositions. Although digital images recorded in the new system are supposed to be used as supplementary evidence, it appears that they can be used to directly prove the truth of the matter asserted, which is the question to be left open. This article considers whether the digital images can be used to prove guilt or innocence, and if so, whether they need to meet more strict requirements than those for depositions. First, the article discusses the legal grounds pertaining to the application of a conventional hearsay exception to the digital images. Second, it explains how the use of the digital images, which could be concerning, can meet the legal demands of the adversary system underlying the Hearsay Rule. The article concludes that these recordings may be used to prove guilt or innocence if the accused or defense counsels have the meaningful opportunity for impeachment.