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Learning Disability and the Police and Criminal Evidence Act 1984. Protection During Investigative Interviewing: A Video- Recorded False Confession to Double Murder

NCJ Number
152456
Journal
Journal of Forensic Psychiatry Volume: 5 Issue: 1 Dated: (May 1994) Pages: 35-49
Author(s)
G Gudjonsson; J MacKeith
Date Published
1994
Length
15 pages
Annotation
This article describes the case of a learning disabled man who was interviewed by British police under the provisions of the Police and Criminal Evidence Act (PACE) 1984, and who made a convincing, but false, confession to a double murder during a video-recorded interview.
Abstract
This article provides a psychological framework for understanding the process and mechanisms which led to the false confession. Under PACE, learning disabled persons may not be interviewed by police or asked to provide a signed statement in the absence of an appropriate adult, defined as someone independent of the police, such as a relative or professional who has experience in dealing with mentally disordered persons. The cognitive- behavioral model of confession described here postulates that confessions, whether true or false, arise through the existence of a particular relationship between the suspect, the environment, and significant others within that environment. The model examines the antecedents and consequences, both social, cognitive, emotional, situation, and physiological, that can motivate a suspect to confess. 1 table and 18 references

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