Unreliable Confessions and Miscarriages of Justice in Britain
| Published date | 01 October 2002 |
| Date | 01 October 2002 |
| Author | Gisli H. Gudjonsson |
| DOI | 10.1350/ijps.4.4.332.10880 |
| Subject Matter | Article |
International Journal of Police Science & Management Volume 4 Number 4
Unreliable confessions and miscarriages
of justice in Britain
Gisli H. Gudjonsson
Department of Psychology, Institute of Psychiatry, De Crespigny Park, Denmark Hill,
London SE5 8AF, UK; Tel. + 44 (0) 208 776 4234; Fax + 44 (0) 208 777 4933; E-mail:
spjtghg@iop.kcl.ac.uk
Received: 20 July 2002; revised and accepted 1 August 2002
Gisli Gudjonsson is a Professor of Forensic
learning disability or those who are mentally ill
Psychology at the Institute of Psychiatry, King’s
make unreliable or false confessions. Personality
College, London, and Head of Forensic Psychol-
factors are often important in rendering a confes-
ogy Services at the Maudsley Hospital. He has
sion unreliable.
published four books and over 200 journal arti-
cles. He is the co-editor-in-chief of Personality
and Individual Differences. He has carried out
INTRODUCTION
extensive research into police interviewing, psy-
Gudjonsson (2003) argues that in Britain
chological vulnerability, and confessions, and
the impact of psychological research and
was involved as an expert witness in most of the
expert testimony on law and procedure,
cases discussed in this article.
police practice, and legal judgments, is
unparalleled to that anywhere in the world.
Since the release of the ‘Guildford Four’1 in
ABSTRACT
October 1989 and ‘Birmingham Six’2 in
Miscarriages of justice are sometimes caused by
March 1991, there have been several land-
confessions, which are coerced by the police or
mark High Court judgments where convic-
result from suspects’ psychological vulnerabilities
tions based chiefly on confession evidence
during custody and interrogation. In recent years
in murder and terrorist cases have been
there has been considerable research into police
quashed on appeal.
interviewing, psychological vulnerability, and
In this article the author reviews this
false confessions. This paper summarises the sali-
development, and the leading cases, traces
ent British research and reviews briefly 23 high-
the relevant cases and scientific advances
profile murder cases where convictions based on
that have occurred and demonstrates their
confession evidence have been quashed on appeal
legal and psychological significance.
between 1989 and 2002. In over half the cases
What facilitated the legal changes, in
the appellant’s psychological vulnerability, rather
addition to the impact of research, was the
than coercive or oppressive interviewing, rendered
willingness of the British Government, the
the confession unreliable. The review of the cases
judiciary, and the police to accept that
demonstrates that relevant psychological research
serious mistakes have been made and that
and expert testimony in cases of disputed confes-
something needed to be done about it
sions have had profound influence on the practice
(Gudjonsson, 2001). Valuable lessons have
International Journal of Police
and ruling of the Court of Appeal and the House
been learned as a result, which should
Science and Management,
Vol. 4 No. 4, 2002, pp. 332–343.
of Lords. The cases presented in this paper show
encourage other nations to review their
© Vathek Publishing,
1461–3557
that it is wrong to assume that only persons with
own practice.
Page 332
Gudjonsson
BRIEF BACKGROUND
The Commission’s Report took two
According to Gudjonsson (2003), the most
years to complete. Twenty-two research
important changes began with the Fisher
studies were commissioned as a part of the
Inquiry (1977) into the wrongful convic-
Report. Each study focused on different
tions of three youths who had made confes-
aspects of the criminal justice process, such
sions to the Metropolitan (London) Police
as police interviews (Evans, 1993), ques-
tioning outside the police station (Moston
to the murder of Maxwell Confait3 (Price
and Stephenson, 1993), psychological vul-
and Caplan, 1977). This was followed by
nerability of police detainees (Gudjonsson,
the Royal Commission on Criminal Proce-
Clare, Rutter, and Pearse, 1993), the devis-
dure (1981), important research that
ing and piloting of a new ‘Notice to
emerged from the Commission (eg Irving,
Detained Persons’ (Clare and Gudjonsson,
1980, 1990; Irving and Hilgendorf, 1980;
1992), the role of legal representatives
Irving and McKenzie, 1989; Softley, 1980),
(Baldwin, 1992), the role of forensic exami-
and significant changes in legal provisions
ners (Robertson, 1992), the supervision of
with the introduction of the Police and
criminal investigations (Maguire and
Criminal Evidence Act (PACE) 1984
Norris, 1992), the role of forensic science
(Home Office, 1985). Most importantly,
evidence (Roberts and Willmore, 1993),
this involved the introduction of mandatory
custodial legal advice (McConville and
tape recording of police interviews with
Hodgson, 1993) and corroboration of con-
suspects and offered special safeguards for
fession (McConville, 1993).
those who were deemed mentally disor-
Gudjonsson et al. (1993) investigated
dered or ‘at risk’ (Gudjonsson, 1993). In
empirically, for the first time, the psycho-
October 1989 and March 1991, respec-
logical characteristics and vulnerabilities of
tively, the convictions of the Guildford Four
persons detained at police stations for ques-
and Birmingham Six were quashed. The
tioning. It remains the only study that has
quashing of the convictions in these two
gone beyond observational research. The
cases opened the doors for other miscar-
research was subsequently extended to
riages of justice cases based on disputed
investigate the relationships between differ-
confession evidence.
ent types of psychological vulnerabilities
Immediately following the successful
(Gudjonsson, Clare, and Rutter, 1994;
appeal of the ‘Birmingham Six’ on 14
Gudjonsson, Rutter, and Clare, 1995), the
March 1991, the British Government set up
interview tactics used by the police (Pearse
the Royal Commission on Criminal Justice
and Gudjonsson, 1996), the factors that
(1993). The terms of reference required the
predicted the likelihood of a confession
Commission to:
(Pearse, Gudjonsson, Clare, and Rutter,
1998), and the interviewing techniques that
were associated with the breaking down of
‘. . . examine the criminal justice system
resistance during questioning in serious
from the stage at which the police are
criminal cases (Pearse and Gudjonsson,
investigating an alleged or reported crim-
1999).
inal offence right through to the stage at
In addition to the research emerging
which a defendant who has been found
from the two Royal Commissions, a sub-
guilty of such an offence has exhausted
stantial amount of research had been carried
his or her rights to appeal; (Royal Com-
out in Britain into false confessions and
mission on Criminal Justice, 1993,
psychological vulnerability (Gudjonsson,
p. 1).
1992, 2001, 2003). In the late 1980s and
Page 333
Unreliable confessions and miscarriages of justice in Britain
early 1990s this research was accompanied
Court of Appeal was in effect under-
by increased recognition by the judiciary
taking the retrial of a case’ (p. 18 of the
that wrongful convictions can occur from
House of Lords‘ judgment).
false confessions and psychological vulnera-
Lord Bingham, who delivered the judg-
bility (Corre, 1995). The Court of Appeal
ment, stated:
not only recognised the importance of
expert evidence in cases of learning disabil-
‘No one can now be sure what would
ity and mental illness, it came to accept the
have happened had the evidence of Pro-
concepts of ‘interrogative suggestibility’,
fessor Gudjonsson been available at the
‘compliance’, and ‘personality disorder’ as
time of the trial. But the defence might
factors which may render a confession
in at least three respects have been con-
unreliable. The most influential legal judg-
ducted differently:
ment for psychologists was the case of
1. The appellant might have been called
Engin Raghip (one of the ‘Tottenham
to give evidence on his own behalf.
Three’), which was heard in the Court of
2. There would have been more search-
Appeal in December 1991. Importantly, the
ing questions asked about the appel-
criteria for the admissibility of psycholog-
lant’s mental state during the police
ical evidence in cases of disputed confes-
interviews.
sions were broadened to include borderline
3. It seems likely that there would have
intelligence and personality factors such as
been more detailed enquiries into the
suggestibility, all of which have been shown
unrecorded discussions and interac-
to be important factors in cases of mis-
tions between the appellant and the
carriage of justice.
police.
In light of these uncertainties and this
THE LEADING CASES
fresh psychological evidence it is impos-
sible to be sure that this conviction is
...
To continue reading
Request your trial