Interrogations-and-Confessions-Handbook

The Effects of Drugs and Alcohol upon the Reliability of Testimony 433
this happens undoubtedly varies across countries and between police stations.
In England, suspects are commonly arrested and detained by the police while
under the influence of alcohol and drugs. In such cases, forensic medical examiners
(FMEs) are often called in to assess the detainee’s fitness for interview.
In cases of alcohol intoxication, the FME will normally recommend that the
suspect be allowed to sober up for four to six hours before being interviewed. In
cases of drugs, no such recommendation is usually made by the FME and the
problems encountered when they are interviewed by the police are more likely
to be in relation to drug withdrawal. Drug addicts are typically a more difficult
group to assess than alcoholics, particularly with regard to intoxication.
Recent research has focused on the possible effects of alcohol and drugs on
the validity of statements given by persons in police custody. In terms of its
effects, a distinction must be made between intoxication and withdrawal from
alcohol and drugs. It is also evident that there may be differential effects according
to the type of drug consumed or being withdrawn from. For example,
there is evidence that alcohol intoxication decreases suggestibility, at least with
regard to being able to resist giving in to leading questions, whereas severe alcohol
withdrawal leads to increased suggestibility, particularly with regard to
impaired ability to cope with interrogative pressure. The main general effects
of alcohol and drugs during interviewing appears to be related to the suspects’
impaired ability to think clearly. The capacity for rational decision making may
also be affected. The effects of prescribed drugs on the validity of answers given
during interviewing has not been specifically studied. Tranquillizers and other
sedatives, except at the lowest doses, will impair cognitive functions, such as
concentration, memory and learning, in normal individuals.
As far as court cases are concerned, defence counsels are becoming increasingly
aware that confessions made by opiate addicts while in police custody can
be successfully challenged in court. The main concern of psychiatrists seems to
be the apparently impaired capacity of drug addicts to make rational decisions
during severe drug withdrawal (Davison & Forshaw, 1993). A case is presented
that shows how a heroin addict made a false confession to two murders when
interviewed during severe opiate withdrawal. Although each case must be considered
on the basis of its merit, severe drug withdrawal from opiates should be
viewed as a psychological vulnerability that does on occasions result in suspects
making false confessions.
The effects of severe alcohol withdrawal symptoms may be similar to those
of opiate withdrawal and caution should also be exercised when suspects are
interviewed in such a state. As far as alcohol withdrawal is concerned, recent
research indicates that there is an impaired ability to cope with interrogative
pressure, which may under certain circumstances result in the person making
a false confession. The limited current evidence is less clear with regard to
drug withdrawal than alcohol withdrawal, although suggestibility does appear
to be increased during opiate withdrawal, particularly among addicts who are
already of a suggestible disposition.