Psychological Variables of False Confessions

False confessions are not a new concept in America, and there have been hundreds of examples of false confessions. In Massachusetts in 1692 many colonists confessed to being witches in Salem. The trials resulted in at least nineteen executions before they were eventually stopped (Agar, 1999). Further along in American history, the Lindbergh kidnapping and murder became a public media skeptical in 1932. During that time, over 200 innocent people came forward and confessed to the kidnapping and murder of Charles Lindbergh’s child (Agar, 1999). More currently with the advancement of DNA techniques, confessed sentenced criminals are being released from prison for crimes they never committed. Why would anyone ever confess to a crime, especially a serious one, when they never committed the crime? Current criminal justice professionals, psychologists, and sociologists argue that the suspect’s mental and psychological condition may affect many false confessions. Suspect psychological characteristics, type of crime, and contextual characteristics of the interrogations can affect a suspect’s tendency to confess (Gudjonsson, 2003).

Gudjonsson (2003) discussed different psychological variables that effect confessions. These include current mental status, intellectual functioning, reading ability, interrogative suggestibility, state and trait anxiety, and the understanding of rights by questioned suspects (Gudjonsson, 2003). For these variables to be properly examined, investigators conducting a criminal interview must determine if the suspect is fit to be interviewed. Investigators must assess the cognition and intellect of the suspect to be best of their abilities. The investigators tasked with interviewing a suspect should be aware of any psychiatric disorder that will usually lead to unfitness for an interview and psychiatric disorders that might indicate a significant risk of unreliability (Rix, 1997).

 Psychiatric disorders that will usually lead to unfitness for interviews would be suspects that are experiencing acute organic reactions (including alcohol or drug withdrawals), mania, severe dementia, and severe mental handicap (Rix, 1997). Psychiatric disorders that may indicate a significant risk of unreliability would be milder forms of dementia, hypomania, schizophrenia, depressive disorders, mild or moderate mental handicap, and mild substance withdrawal states (Rix, 1997). While certain psychological disorders automatically should rule a suspect unfit for an interview; the theories of false confessions are endless and are currently being studied by criminal justice professionals.

The mental status of a suspect should always be considered when determining if and how a suspect should be interviewed. Individuals with diagnosed mental handicaps comprise of one to two percent of the general population, but in prison they comprise of approximately 4.2 percent (O’Connell, Garmoe, & Goldstein, 2005). Current studies have determined that individuals with diagnosed mental handicaps are often more easily caught by police and are more likely to be tricked by police during interview into confessing or taking the blame for criminal offenses (O’Connell, Garmoe, & Goldstein, 2005). Suspects who suffer from mental handicaps, even in mild cases, should at all costs understand their rights and understand what is happening to them. For example, if a suspect suffers from Down syndrome investigators should make sure that the suspect has proper representation and is aware of what is transpiring. A person with Down syndrome, if being interviewed, may not understand what certain questions are or what they are being accused of. Personally, I would never ask a suspect who has Down syndrome any questions until they have proper legal representation to represent them. I would also contact my district attorney to see if there is any way to conduct an intellectual assessment of the suspect prior to taking any voluntary statements. A person who lacks intellectual reasoning or articulation skills should never be held to statements that they do not understand or comprehend.

Another mental status that is currently being studied are individuals with ADHD. A study by Gudjonsson, Sigurdsson, Bragason, Newton, and Elinarsson (2008) studied 90 Icelandic prisoners who were currently serving prison sentences and diagnosed with ADHD. The study determined reasons why ADHD prisoners made false confessions for previous crimes that they did not commit. The reasons were: nine (43%) wanted to leave the police station or to avoid custody and six (29%) were protecting someone else (Gudjonsson, Sigurdsson, Bragason, Newton, and Elinarsson 2008). This study concluded that ADHD suspects are particularly vulnerable during police questioning and detention because of their restlessness, poor concentration, and impulsiveness (Gudjonsson, Sigurdsson, Bragason, Newton, and Elinarsson 2008). The findings of this study are not unexpected, as anyone with any experience with ADHD can understand. Besides certain mental status conditions another issue in confession is the understanding of legal rights during questioning and detention.

Understanding legal rights is another major psychological variable in confessions. It is estimated that 695,000 mentally disordered offenders are arrested and Mirandized annually in the Unites States (Rogers, Harrison, Hazelwood, & Sewell, 2007). Miranda v. Arizona (1966) established procedural safeguards to protect suspects in interviews to avoid making self-incriminating statements and to have an attorney present during questioning. The suspect must make a confession “knowingly, intelligently, and voluntarily” (Miranda v. Arizona, 1966). A study conducted by O’Connell, Garmoe, and Goldstein (2005) determined that individuals with lower IQ scores had a higher tendency to be tricked by leading questions. The same study determined that individuals with mild mental retardation demonstrated difficultly understanding Miranda rights. If a suspect cannot understand their legal rights, then their rights can be violated—making any voluntary confession not admissible.  

Representation should always be present and if applicable a psychologist who specialized in the disorder should also be present to explain the suspect’s rights. In situations where the suspect suffers from ADHD, investigators should be trained in how to interview individuals with the condition and every effort should be made to make the interview short and brief. Personal statements from individuals affected by these conditions should not be discredited, since they may be telling the truth in a voluntary confession.

References

Agar, J. (1999). “The Admissibility of False Confession Expert Testimony”. The Army Lawyer; Aug. pp. 26-43.

Gudjonsson, G. (2003). The Psychology of Interrogations and Confessions. Wiley, England, 2003.

Gudjonsson, G., Sigurdsson, J., Bragason, O., Newton, A., & Elinarsson, E. (2008).

“Interrogative suggestibility, compliance and false confessions among prisoners and their relationship with attention deficit hyperactivity disorder (ADHD) symptoms”. Psychological Medicine (2008), 38, pp. 1037-1044.

Miranda v. Arizona, 384 U.S. 436 (1966).

O’Connell, M., Garmoe, W., & Goldstein, N. (2005). “Miranda Comprehension in Adults with Mental Retardation and the Effects of Feedback Style on Suggestibility”. Law and Human Behavior, Vol. 29, No. 3, June 2005.

Rix, K. (1997). “Fit to be interviewed by the police?”. Advances in Psychiatric Treatment, vol. 3, pp. 33-40.

Rogers, R., Harrison, K., Hazelwood, L., & Sewell, K. (2007). “Knowing and Intelligent: A Study of Miranda Warnings in Mentally Disordered Defendants”. Law of Human Behavior, Vol. 31: pp. 401-418.