anglolawyer
Banned
I am not certain how much Amanda could say or be questioned further once she placed herself at the scene of the crime (according to the penal code). And it makes a difference whether it was Amanda who initiated the 5:45 spontaneous declaration or whether it was the police/Mignini.
There are always her prior statements when questioned before the evening of November 5 early morning November 6 which may give more information along with the questioning of November 5.
Do you have a particular provision of the code in mind? I would be interested to follow that up.
Because all our different legal systems are mostly addressing the same problems in different ways, and comparisons are useful, I want to briefly describe a lawful police interview here in England and Wales (maybe Scotland too) under the Police and Criminal Evidence Act 1994. The act radically reformed pre-existing procedures.
Essentially, the interrogation consists of a taped interview, usually in the presence of a lawyer. The tape is switched on, the location and time are stated, those present identify themselves for the tape and a caution is administered to the suspect (right to remain silent, answers may be used in evidence, silence may be a matter for comment) who signifies whether he understands it. Questioning commences, with mandatory breaks if it is a long interrogation.
There are two tapes and one of them is given to the suspect('s lawyer) at the end of the .
In the ensuing proceedings, a full transcript will be supplied by the prosecution, including every 'um' and 'er'. A two hour interview will give rise to a hundred pages or so.
Compare this with the Questura. Basically, there is no comparison. I am not going to list all the differences because they are obvious. It's like a return to the Dark Ages.
Even pre-1994, when there were no tapes, a statement under caution would be a ball-breaking manuscript written out by some hapless detective while his colleague grilled the suspect before getting him to sign each page and initial each (usually quite a few) alterations. In terms of quantity, there would be a ton of paper after a lengthy session like the one Amanda went through.
So I find the two statements surprisingly perfunctory and difficult to reconcile with the objective of eliciting helpful information from a witness or a suspect.