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In a reversal, FBI will begin recording interviews

ERIC TUCKER
Associated Press

WASHINGTON (AP) — Agents from the FBI and some other federal law enforcement agencies will soon begin recording interviews of suspects in custody under a new Justice Department directive that reverses long-standing policy, Attorney General Eric Holder said Thursday.

The new policy, laid out in a memo issued last week by Deputy Attorney General James Cole, establishes a “presumption” that agents will record interviews with suspects who have been taken into custody but have not yet appeared in court. The policy, which is to take effect July 11, applies to agents from the FBI as well as the Drug Enforcement Administration, the Bureau of Alcohol, Tobacco, Firearms and Explosives and the U.S. Marshals Service.

The new standard replaces the FBI’s current practice, in which agents interview suspects without recording them, take handwritten notes and then produce a report summarizing the conversation.

It addresses concerns from civil rights groups and defense lawyers who have long argued that the absence of recordings creates evidentiary problems, leaving too many ambiguities as to what precisely was said during the interviews whether agents’ accounts are fully reliable.

“Creating an electronic record will ensure that we have an objective account of key investigations and interactions with people who are held in federal custody,” Holder said in a video message announcing the change. “It will allow us to document that detained individuals are afforded their constitutionally-protected rights.”

He also said it would provide law enforcement with a “backstop” so that “they have clear and indisputable records of important statements and confessions made by individuals who have been detained.”

The policy change allows for some exceptions, including if the suspect objects to the recording, if the recording is not practicable — such as if the equipment malfunctions — or if the information provided in the interview could jeopardize national security if disclosed. The memo, which was posted on the Arizona Republic website before the Justice Department formally announced it Thursday, encourages agents to make video recordings of interviews when possible but says audio recordings may be sufficient.

Though it represents a dramatic departure from existing policy, the new directive is also limited in scope since it applies only to interviews with suspects who have already been arrested and are in federal custody.

“I think it is a tremendous step forward by the department in recognizing that having an accurate record of what is said in the custodial interrogation is helpful, both to the government and to the defense,” said Barry Pollack, a criminal defense lawyer in Washington and an officer of the National Association of Criminal Defense Lawyers. He said one of the leading causes for false confessions is not having an accurate understanding of the context in which the statement was made.

Sen. Patrick Leahy, D-Vt., chairman of the Senate Judiciary Committee, applauded the change, saying that recording interviews “will improve every aspect of our justice system.”

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Don’t Settle for Student Loans to Pay for Online Education

Online college programs are becoming a more popular choice for prospective students, with one study finding that more than 6 million students enrolled in at least one online course in fall 2015. The popularity of these courses can be attributed in part to their flexibility with working adults' schedules, students' ability to progress more quickly through online programs and, oftentimes, cheaper tuition. [See 10 low-cost online bachelor's programs for out-of-state students.]Online degrees can be beneficial to many college students, but some studies have shown online learners complete their programs at lower rates than students at traditional brick-and-mortar campuses. Individuals with student loans but no degree comprise two-thirds of defaulted borrowers. Though these numbers are not encouraging, just like for traditional programs, there are ways to reduce how much you'll need to borrow for an online program to ensure you won't become one of these statistics. Don't just settle on borrowing student loans to cover the whole cost of your program and living expenses. Instead, start thinking about how to cut costs and cover your balance in different ways, such as the following. -- Grants and scholarships: Even though you are taking an online course, you can still apply and receive grants and scholarships. But your first step should be to complete the Free Application for Federal Student Aid, commonly referred to as the FAFSA, which will allow you to receive a Pell Grant if your expected family contribution is low enough. The EFC criteria and award amounts are adjusted annually, but the 2017-2018 academic year awards range from $606 to $5,920, which could significantly lower the amount you borrow annually. Your next step is to apply for scholarships. You can start by checking online scholarship search engines, such as the Salt Scholarship Search, College Board's BigFuture and Peterson's. But don't forget to take advantage of local organizations and your school's financial aid office. Both may offer scholarships that you can't find with a national scholarship search. [Review these 10 sites to kick off your scholarship search.]For instance, organizations like the Elks Club, Knights of Columbus or the Rotary Club typically offer scholarships annually to local students. Just because you're going to school online doesn't mean you're ineligible. Visit your local library for scholarship listings, and ask around town. You might be surprised how many local organizations offer scholarships. While these scholarships typically aren't large, every little bit counts. Each dollar you receive in a scholarship is a dollar you don't have to borrow and pay interest on. -- Work-study: Another option for online students may be work-study awards. Not all students enrolled in online programs are eligible, but students at some schools -- including, for example, SUNY Empire State College and Liberty University -- are. Work-study awards are not given upfront like scholarships and grants. In most cases, they are an offer to earn up to the awarded amount if you secure an eligible work-study job. While there is a misconception that all work-study jobs must be on campus, students can work for off-campus, nonprofit or public employers as long as the work is in the public's interest. You may be able to work for a for-profit employer if the job is relevant to your course of study. No matter who the outside employer is, it will need to have an established agreement with your college for you to receive work-study funds. Remember, to be eligible for federal financial aid, you must be enrolled and pursuing a degree or certificate. If you're not working toward a credential, Pell Grants and work-study won't be option, but you may still be able to take advantage of private scholarships -- just be sure to read the eligibility criteria carefully. [Explore what to know about financial aid in online programs.]-- Pay as you go: One of the great benefits to enrolling online is the flexible schedule, which can allow you to complete your college coursework around your responsibilities. But prospective students often overlook using their part- or full-time job earnings as an option for paying for college. Almost 80 percent of college students in 2015 worked at least part time while attending classes, according to the National Center for Education Statistics. By budgeting and thinking strategically about your college costs, you can likely reduce your dependence on student loans by paying a portion out of pocket. Many -- but not all -- online programs are less expensive than traditional programs and often have shorter payment periods. Six, eight or 10 weeks are common course durations. Because of the frequency of payments in an online setting, you may be well-placed to pay as you go and possibly avoid borrowing altogether. Attending college online and avoiding student loans may be challenging, but if you are willing to put in the effort, you can limit the amount you need to borrow. More from U.S. News Q&A: Understanding Student Loan Discharge Eligibility Student Loan Refinancing Isn't Right for All Borrowers
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