Interrogations-and-Confessions-Handbook

420 A Psychology of Interrogations and Confessions
The other problem with some sedatives is that at a high dose they can produce
a major memory distortion, including fantasy and false memory. For example,
Dundee (1990) has discussed how some women heavily sedated with benzodiazepines,
given intravenously, report false allegations of sexual assault. The
study involved 41 incidents where women reported fantasies during sedation.
Of these, 27 (66%) contained sexual elements, including allegations of sexual
assault. Seven of the 41 cases led to litigation against the anaesthetist. All the
women were certain of the authenticity of their accusations and their experiences
were apparently vividly recalled. According to Dundee (1990), in many
of these cases the assault could not have happened (e.g. others were present at
the time, the assault as stated was not physically possible). Most happened during
dental procedures, followed by oral endoscopy and induction of anaesthesia.
A relationship has been found between the dosage of drug administered and frequency
of complaints (Dundee, 1990). The main implication of this paper is that
fantasies of sexual nature do occur during heavy sedation of benzodiazepines
given intravenously, albeit infrequently.
The effects of prescribed drugs on the validity of answers given during
interviewing has not been specifically studied. The effects of illicit drug intoxication
have been investigated and the relevant studies will be reviewed
in this chapter. There are a large number of different kinds of illicit drug.
These include cannabis, LSD (lysergic acid diethylamine), heroin, cocaine, amphetamines,
magic mushrooms and ecstasy. In addition, the inhaling of solvents
sold in shops, such as glue, cleaning fluid and lighter fuel, can lead to
dependence and brain damage. Concerns about the effects on the validity of
statements obtained during questioning have mainly focused on heroin. It is
highly addictive and causes severe withdrawal symptoms, including extreme
physical discomfort and pain, irritability, anxiety and fear. Opiate withdrawal
symptoms commence within 4–12 hours, peak at 48 hours and are alleviated
after one week (Jones, 1997). Other illicit drugs may cause problems,
such as anxiety, memory impairment, feelings of paranoia and withdrawal
symptoms.
Davison and Forshaw (1993) argue that a confession obtained in the circumstances
of opiate withdrawal may be open to doubt, because ‘the associated
mental states may prohibit rational behaviour’ (p. 285). From this conceptual
perspective, which was based on one case study, the emphasis is on how drugs
adversely influence mental states, which in turn reduces the capacity of the individual
for autonomy. Here the emphasis is not on impaired concentration and
memory. Rather, the physical and emotional distress associated with the opiate
withdrawal impairs the drug addict’s ability to formulate and prioritize goals.
The drug addict is preoccupied by the immediate short-term goal of stopping
any further distress and is unable to consider the long-term consequences of
his or her actions. This may involve their trying to expedite their release from
custody by making ill considered self-incriminating admissions, which on occasions
may be false. Davison and Forshaw argue that under such circumstances
the drug addict lacks the capacity for autonomy and the confession he or she
makes is likely to be unreliable unless the withdrawal symptoms are medically
treated. This raises an important point. When drug addicts and alcoholics are