Interrogations-and-Confessions-Handbook

The Psychological Assessment 313
an indication of any current mental problems that the defendant has, which
serves as an important baseline for inferences to be drawn about his or her
mental state whilst in police custody.
(d) Reactions to the interrogation and reasons for the confession. It is often helpful
to use a standard questionnaire, such as the Gudjonsson Confession
Questionnaire (Gudjonsson & Sigurdsson, 1999), to monitor and evaluate
the defendant’s subjective experiences of the interrogation and confinement
and the reasons given for having made the confession.
Psychologists should be aware that even when mental illness, learning disability
or abnormal personality traits (e.g. suggestibility, compliance) are present,
this does not necessarily mean that the defendant falsely confessed even when
this is alleged to be the case. The specific abnormalities and vulnerabilities
detected may very well be relevant to the possible unreliability and involuntariness
of the self-incriminating confession, but they should not be viewed in
isolation from the surrounding circumstances of the case.
Mental and Physical State During Custody
The mental and physical state of the accused whilst in police custody can affect
the reliability of any statement, self-incriminating or otherwise, that he or she
makes to the police. The work of Irving and his colleagues at the Brighton Police
Station (Chapter 2) and our own work for the Royal Commission on Criminal
Justice (Chapter 3) illustrate that many suspects are not in a normal physical
or mental state whilst being interviewed by the police. This may be caused by
the stress associated with their arrest and confinement, or by factors associated
with alcohol intoxication and drug abuse.
Physical illness and disease are also important factors that may need to be
assessed. When people are physically ill they are more vulnerable when having
to cope with a stressful situation, such as interrogation. In cases of heart disease
and diabetes, fear of not being able to obtain medication or medical care may
be additional stressors that make people focus excessively on the short-term or
immediate consequences of their behaviour (e.g. making a self-incriminating
statement) at the expense of the long-term consequences (e.g. being prosecuted,
convicted and sentenced).
Suspects who are accused of murdering someone close to them, such as a
spouse, their offspring or a close friend, are often specially vulnerable during
interrogation. This is irrespective of their guilt or innocence and relates to the
fact that such a loss results in grief and bereavement (Bluglass, 1990; Curle,
1989; Gudjonsson 1992a; Parkes, 1986).
A reconstruction of the suspect’s mental and physical state whilst in police
custody needs to be carried out. If there are medical or psychiatric issues to be
considered, then the psychologist should normally recommend to the solicitor
that the case be referred to an appropriate medical person for a further report.
In my experience, almost all cases involving alleged false confession involve
psychological issues that are best addressed by psychologists. In some cases
medical and psychiatric issues need to be considered as well. I have worked