FBI agents have long used basic methods including reliance on their memories, interpretations of events, and handwritten notes – the originals often destroyed – that are later transcribed on what is known as a 302 form.
The absence of recorded interviews has long led to the wrongful convictions of the innocent based on, among other issues, jury deference to FBI agent testimony – at times misremembered, distorted, or fabricated. But the old policy has also led to the exoneration of ultimately guilty suspects, as skilful defense lawyers have been able to undermine honest testimony from agents by exploiting the FBI’s outdated methods.