Legal Question in Criminal Law in Iowa
Sodium Pentathol
I have a couple hypothetical legal questions.
The first question is:
Is it legal for a district attorney/prosecuting attorney to use sodium pentathol ("truth serum") to ensure "truthful" answers to questions when questioning a witness during the discovery phase of an investigation and if so, is the testimony given by him/her admissible in a court of law? The witness himself is not under investigation and is only being questioned for information regarding an "acquaintance."
The Second Question:
Can this same witness (or his lawyer) legally require that the questions asked of him during the interview be limited to a set subject (the investigation at hand) and anything else be stricken from the "record" as inadmissible?
1 Answer from Attorneys
Re: Sodium Pentathol
I am not familar with Iowa law, but the district attorney cannot administer an injection ot sodium pentathal to anyone. To do so would probably involve practicing medicine without a license.
The individual, who is being questioned, should have the right to reject any type of medical treatment, unless there is a court order that a specific infividual may make medical decisions for the person being questioned.
Assuming that the individual agreed to being injected with sodium pentathal, the answers would be suspect as they were given by an individual that was under the influence of a drug.
Sodium pnetathal would probably make the individual susceptible to suggestion and thus may be anagalous to an individual being hyponotized. The testimony of the individual would then inadmissable at trial.
Statements made by a person who has voluntarily become under the influence of drups is usually responsible for what he may say. Anyone who voluntarily participated in this situati8on would be palcing himself at risk.
Lyle Johnson
Lyle W. Johnson Attorney at Law
152 N. Third Street, Suite 510
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