Unreliable Confessions and Miscarriages of Justice in Britain

Abstract

Miscarriages of justice are sometimes caused by confessions, which are coerced by the police or result from suspects' psychological vulnerabilities during custody and interrogation. In recent years there has been considerable research into police interviewing, psychological vulnerability, and false confessions. This paper summarises the salient British research and reviews briefly 23 high-profile murder cases where convictions based on confession evidence have been quashed on appeal between 1989 and 2002. In over half the cases the appellant's psychological vulnerability, rather than coercive or oppressive interviewing, rendered the confession unreliable. The review of the cases demonstrates that relevant psychological research and expert testimony in cases of disputed confessions have had profound influence on the practice and ruling of the Court of Appeal and the House of Lords. The cases presented in this paper show that it is wrong to assume that only persons with learning disability or those who are mentally ill make unreliable or false confessions. Personality factors are often important in rendering a confession unreliable.