What is the false What is the false confession and how to confession and how to

deal with it?deal with it?

Difficulties with false confession and Difficulties with false confession and psychological elements of the psychological elements of the

defendant in relation to it.defendant in relation to it.

Definition of the false confessionDefinition of the false confession

► Alying suggests two ways: firstly those ng suggests two ways: firstly those who are totally innocent of the crime they are are totally innocent of the crime they are alleged to have committed though very few, alleged to have committed though very few, and secondly those are involved in the and secondly those are involved in the alleged alleged offence but overstated their but overstated their involvement.involvement.

► Ofshe states Ofshe states confession is considered confession is considered false if it is elicited in response to a false if it is elicited in response to a demand for a confession and is either demand for a confession and is either intentionally fabricated or is not intentionally fabricated or is not based on based on actual knowledge of the knowledge of the facts that from it’s content.facts that from it’s content.

Main issues of my research:Main issues of my research:

►How to discover the false confession.How to discover the false confession.►Types of false confession.Types of false confession.►The reasons of voluntary false confession.The reasons of voluntary false confession.►Problems associated with voluntary false Problems associated with voluntary false

confession.confession.►Defendant’s psychological condition in Defendant’s psychological condition in

relation to false confession.relation to false confession.►Exclusion of this evidence.Exclusion of this evidence.

Wide-ranging views of the legal Wide-ranging views of the legal academics on the subject matter:academics on the subject matter:

► Gudjonsson G., The psychology of false Gudjonsson G., The psychology of false confession: research and theoretical issues, confession: research and theoretical issues, Chapter 8 of the psychology of interrogations, Chapter 8 of the psychology of interrogations, confession and testimony, (1992).confession and testimony, (1992).

► Ashworth A., Should the police be allowed to Ashworth A., Should the police be allowed to use deceptive practices? L.Q.R. 1998, use deceptive practices? L.Q.R. 1998, 114(Jan), 108 -140.114(Jan), 108 -140.

► Eric Colvin, Convicting the innocent: a critique Eric Colvin, Convicting the innocent: a critique of theories of wrongful convictions, (2009).of theories of wrongful convictions, (2009).

►Hegarty, A. ‘Truth, law and official Hegarty, A. ‘Truth, law and official denial: the case of Bloody Sunday’, denial: the case of Bloody Sunday’, Crim. L.F. 2004, 15(1/2), 199-246.Crim. L.F. 2004, 15(1/2), 199-246.

How to discover false How to discover false confession:confession:

► Discovery that no crime has been committed (e.g. Discovery that no crime has been committed (e.g. victim still alive).victim still alive).

► New forensic evidence, including improved DNA testing New forensic evidence, including improved DNA testing capabilities.capabilities.

► New alibi evidence.New alibi evidence.► Newly discovered medical evidence which would have Newly discovered medical evidence which would have

made it impossible for the person to have committed made it impossible for the person to have committed the crime.the crime.

► Somebody else confesses and is convicted of the Somebody else confesses and is convicted of the offence.offence.

► Psychological and psychiatric evidence that casts Psychological and psychiatric evidence that casts serious doubts on the veracity of the confession.serious doubts on the veracity of the confession.

► A careful analysis of the post admission statement, A careful analysis of the post admission statement, which reveals striking errors and omissions, rendering which reveals striking errors and omissions, rendering the confession unconvincing and inherently improbable. the confession unconvincing and inherently improbable.

Types of false confession:Types of false confession:

►Voluntary false confession.Voluntary false confession.►Coerced-compliant false confession:Coerced-compliant false confession:

it is made just because of external it is made just because of external reasons (i.e. police interrogation).reasons (i.e. police interrogation).

►Coerced-internalized false confession:Coerced-internalized false confession:

it is made because of defendant’s it is made because of defendant’s internal reasons (i.e. mental internal reasons (i.e. mental condition). condition).

Reasons of voluntary false Reasons of voluntary false confession:confession:

► The defendant has pathological need to The defendant has pathological need to become infamous, even if he has knowledge become infamous, even if he has knowledge about the prospect of punishment, including about the prospect of punishment, including imprisonment.imprisonment.

► An unconscious need to expiate guilt via An unconscious need to expiate guilt via self-punishment.self-punishment.

► Inability to distinguish between real events Inability to distinguish between real events and events that originate in thinking, and events that originate in thinking, imagination or planning.imagination or planning.

► A desire to aid and protect the real criminal.A desire to aid and protect the real criminal.► The hope for a commendation of leniency.The hope for a commendation of leniency.► In order to take revenge on another person.In order to take revenge on another person.

Legal basis of the argument:Legal basis of the argument:

►R v Hodgson [2009] EWCA Crim 490.R v Hodgson [2009] EWCA Crim 490.►R v Stone (Michael John) [2005] EWCA R v Stone (Michael John) [2005] EWCA

Crim 105.Crim 105.►External effects on the defendant by External effects on the defendant by

police.police.► Internal effects on the defendant. Internal effects on the defendant.

The ways to exclude the false The ways to exclude the false confession:confession:

►S.76(2) (a) and (b) Police and Criminal S.76(2) (a) and (b) Police and Criminal Evidence Act 1984.Evidence Act 1984.

►S.78 Police and Criminal Evidence Act S.78 Police and Criminal Evidence Act 1984.1984.

►Code C Police and Criminal Evidence Code C Police and Criminal Evidence Act 1984.Act 1984.

Police and Criminal Evidence Police and Criminal Evidence Act 1984Act 1984

►S.76(2)(a): If the confession is obtained S.76(2)(a): If the confession is obtained by oppression, it must be excluded.by oppression, it must be excluded.

►S.76(2)(b): It the confession is made in S.76(2)(b): It the confession is made in consequences of something said or consequences of something said or done, it must be excluded.done, it must be excluded.

►S.78(1): The evidence on which the S.78(1): The evidence on which the prosecution proposes to rely ought to be prosecution proposes to rely ought to be excluded, if it affects the fairness of the excluded, if it affects the fairness of the proceeding. proceeding.

My suggestions on that matter:My suggestions on that matter:

►Psychologists’ report on the Psychologists’ report on the defendant.defendant.

►Proper application of relevant Proper application of relevant statutory law to exclude that evidence.statutory law to exclude that evidence.

►Should Parliament enact law in order Should Parliament enact law in order to exclude voluntary false confession?to exclude voluntary false confession?

Bibliography:Bibliography:CASESCASES: : ► R v Hodgson [2009] EWCA Crim 490.R v Hodgson [2009] EWCA Crim 490.► R v Raghip and Others (1991), The Times, 9 R v Raghip and Others (1991), The Times, 9

December.December.► R v Turner [1975], QB 834.R v Turner [1975], QB 834.► R v Stone (Michael John) [2005] EWCA Crim 105.R v Stone (Michael John) [2005] EWCA Crim 105.► R v O’Connor (1987) 85 Cr App R 298.R v O’Connor (1987) 85 Cr App R 298.► R v Chalkley and Jeffries [1998] 2 All ER 155.R v Chalkley and Jeffries [1998] 2 All ER 155.

LEGISLATIONLEGISLATION::► Section 76(2) (a) Police and Criminal Evidence Act Section 76(2) (a) Police and Criminal Evidence Act

1984.1984.► Section 76(2) (b) Police and Criminal Evidence Act Section 76(2) (b) Police and Criminal Evidence Act

1984.1984.► Section 78 Police and Criminal Evidence Act 1984.Section 78 Police and Criminal Evidence Act 1984.► Code C. Police and Criminal Evidence Act 1984.Code C. Police and Criminal Evidence Act 1984.

SECONDARY SOURCESSECONDARY SOURCES::► Allen, C. Practical Guide to Evidence, 4Allen, C. Practical Guide to Evidence, 4thth edition, 2008. edition, 2008.► Dennis, I. The Law of Evidence, 3Dennis, I. The Law of Evidence, 3rdrd edition, 2007. edition, 2007.► Keane, A, ‘Modern Law of Evidence’, (2006).Keane, A, ‘Modern Law of Evidence’, (2006).► Gudjonsson, G. “The psychology of false confession: research and Gudjonsson, G. “The psychology of false confession: research and

theoretical issues”, Chapter 8 of the psychology of interrogations, theoretical issues”, Chapter 8 of the psychology of interrogations, confession and testimony, (1992).confession and testimony, (1992).

► Ashworth, A. “Should the police be allowed to use deceptive practices?” Ashworth, A. “Should the police be allowed to use deceptive practices?” L.Q.R. 1998, 114(Jan), 108 -140.L.Q.R. 1998, 114(Jan), 108 -140.

► Dr G. Gudjonsson, “The psychology of false confession”, N.L.J. 1992, Dr G. Gudjonsson, “The psychology of false confession”, N.L.J. 1992, 142(6568), 1277-1278.142(6568), 1277-1278.

► Colvin, E. “Convicting the innocent: a critique of theories of wrongful Colvin, E. “Convicting the innocent: a critique of theories of wrongful convictions”, Crim. L.F., 20(2), 173-192. convictions”, Crim. L.F., 20(2), 173-192.

► Mirfield, P. “Expert evidence and unreliable confession”, L.Q.R. 1992, Mirfield, P. “Expert evidence and unreliable confession”, L.Q.R. 1992, 108(Oct), 528-534. 108(Oct), 528-534.

► Hegarty, A. “Truth, law and official denial: the case of Bloody Sunday” , Hegarty, A. “Truth, law and official denial: the case of Bloody Sunday” , Crim. L.F. 2004, 15(1/2), 199-246.Crim. L.F. 2004, 15(1/2), 199-246.