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SENSTEIVE _-~ Manl-ID: LHBSAP1 LEGAL HANDBOOK FOR SPECIAL AGENTS PART 1 \ . ; NS . Use of an interpreter should be considered for an interview with either a subject or witness when there is doubt of the interviewee's ability to use and understand the English language and the interviewing Agent is not qualified to use the principal language of the interviewee. Confessions may be excluded from Federal court because they are given in English, without an interpreter, by subjects who allege at trial that they did not have a good understanding of the English language. A garbled interview with a Government witness may contribute to the impeachment of that witness at trial. **EFEDte: 04/28/1978 MCRT#: 0 Div: D9 Cav: SecCls: 7-10.2 Qualifications The interpreter's technical qualifications should be the best available; his function may affect a constitutional right of the person interviewed. The interpreter's general appearance and conduct are also important inasmuch as he may be called to the trial as the principal, or only, witness to what the interviewee said during the interview. —. **EFEDte: 04/28/1978 MCRT#: O Div: D9 Cav: SecCls: 7-11 PLEA BARGAINING FBI personnel should not participate in plea bargaining, since such negotiations are Functions of the USA's Office. The SAC or Agent personnel involved may furnish facts to the USA's Office bearing on the merits of an agreement proposed by the USA as well as an opinion as to whether further investigation would likely strengthen a case under consideration. *x*EFEDte: 04/28/1978 MCRT#: O Div: D9 Cav: SecCls: 7-12 PREPARATION OF SIGNED STATEMENTS (See MAOP, Part II, 10-13.) *x*EEEDte: 04/28/1978 MCRT#: 0 Div: D9 Cav: SecCls: 7-12.1 In General Where possible, written statements should be taken in all cases in which any confession or admission of guilt is|obtained unless the confession was obtained during an electronically recorded interrogation session. (See LHBSA, Part l, 7-8 (3) (e).)| Written confessions should be prepared in “eae in the language of S) VE Printed: 05/05/2004 13:08:54 Page 13