Welcome to our false confession wiki
This wiki catalogues empirical evidence relating to false confession and wrongful conviction.
Illustrative cases from the UK
Papers
Please feel free to add any relevant papers to our reference of case lists using the ‘+ Add Paper’ button at the bottom of this table.
Title | Author(s) | Year | Tag(s) | Link |
---|---|---|---|---|
Effects of Personality, Interrogation Techniques and Plausibility in an Experimental False Confession Paradigm | Jessica Klaver, Zina Lee, and V. Gordon Rose | 2008 | Custodial and Interrogative Pressure, Psychological Vulnerabilities | View paper |
From False Confession to Wrongful Conviction | Richard Leo and Deborah Davis | 2010 | Summary | View paper |
I’d Know a False Confession if I Saw One | Saul Kassin, Christian Meissner, and Rebecca Norwick | 2005 | Identifying false confessions | View paper |
Interrogated with Intellectual Disabilities | Samson Schatz | 2018 | Psychological Vulnerabilities | View paper |
Juror Sensitivity to False Confession Risk Factors | Skye Woestehoff and Christian Meissner | 2016 | Identifying false confessions | View paper |
False confession – research summary
Research in psychology and law has examined false confessions generally and false confessions in specific populations. Importantly, it has now been clearly demonstrated by both experimental research and legal cases in which formal exonerations have taken place that people do confess to crimes that they have not committed. False confessions may differ from true confessions, for example containing more inconsistencies (either within themselves or with other evidence about a crime) and / or taking longer to elicit from defendants.
False confessions can occur for a variety of reasons, but typically occur as a result of either custodial and interrogative pressure or psychological vulnerabilities of a defendant. Thus, we can pinpoint certain red flags that can provide evidence that a confession may be false (although false confessions may occur even in the absence of these red flags).
Please feel free to add any relevant papers to our reference of case lists using the wiki functionality!
Overviews of false confession literature
Brandon Garrett, ‘The Substance of False Confessions’ (2010) 62 Stanford law Review 1051.
1. Custodial and interrogative pressure
False confessions are much more likely to occur when defendants have been subject to custodial and interrogative pressure. This pressure can be relatively subtle and can occur even when Police and Criminal Evidence Act 1984 regulations have been followed.
Illustrative successful appeals: Winston Silcott, Raymond Gilmour, Stephen Miller, Patrick Molloy, Thomas Green, William Gorman, Jack Allan.
2. Psychological vulnerabilities
Defendant under 18
False confessions are more likely in juvenile defendants. Children are particularly susceptible to due to immature cognitive, social, emotional, and neurological systems. This immaturity can lead to increased suggestibility, increased susceptibility to pressure, and a short-term orientation that may all contribute to false confessions. Research suggests that children with a history of victimization or substance misuse are particularly susceptible.
Illustrative successful appeals: Stephen Downing, Paul Blackburn, Terrence Shiels, Robert Hindes, Paschal Mulholand, Hugh Hanna.
Defendant likely to be more suggestible and compliant (susceptible to pressure)
A range of characteristics have been shown to make people more suggestible and / or compliant and therefore more likely to falsely confess. These include a low mental age, low intelligence or learning disabilities, symptoms of attention deficit hyperactivity disorder, a history of life adversity, and experiencing alcohol withdrawal.
Illustrative successful appeals: Jacqueline Fletcher, Patrick Nolan, Donald Pendleton, John Roberts, Ashley King, John McLoughlin, Stefan Kiszko.
Defendant with a disregard for telling the truth, a need for attention, or a history of delinquent lifestyle.
Defendants with a tendency to lie and / or with a history of a delinquent lifestyle are more likely to confess. This group is likely to include defendants with conduct disorder or antisocial behaviour disorder.
Illustrative successful appeals: Sean Hodgson, Ian Lawless, Judith Ward, Peter Fell, Darren Hall.