17 December 2002
Confessions of a
forensic psychologist
Why do people admit to crimes
they never committed? Bob Woffinden meets Gisli Gudjonsson, whose pioneering
studies changed the face of law
We know how it used to be. DI Barlow would
cajole, insinuate, assert, shout, threaten, bully, bang the table and use
whatever forms of persuasion, emotional blackmail or verbal assault were
necessary to make the suspect break down and confess.
The suspect was led away, usually weeping,
and the end credits would roll - because Barlow was a fictional character
(played by Stratford Johns) in 1960s TV dramas such as Z Cars and Softly,
Softly. Yet those series were supposedly characterised by their gritty
authenticity and there is now no doubt that interviews with suspects in
police stations up and down the country were carried out in just that way.
If anything, the televisison dramas pulled their punches, in more than
one respect; the actual police officers frequently did not. Confessions
were obtained, and people sent to prison, sometimes for life, on the basis
of those confessions.
The man who put a stop to all that is Gisli
Gudjonsson, now professor of forensic psychology at the Institute of Psychiatry
in London. Working originally with Dr James MacKeith (today a commissioner
at the criminal cases review commission, which refers cases of possible
wrongful convictions to the court of appeal), Gudjonsson conducted pioneering
research into how people might be induced to make "confessions" to crimes
they hadn't committed. He identified a range of important emotional and
psychological factors, such as compliance, suggestibility and personality
disorders that had been ignored through the entire history of criminal
justice. This led him to produce the Gudjonsson Suggestibility Scales (GSS),
which are now used throughout the world when the issue of false confessions
arises.
"It used to be thought that people only
made false confessions if they were mentally defective or suffering from
severe learning disabilities," explains Gudjonsson. "But that's not the
case. Most of the vulnerabilities have nothing to do with intelligence.
In the cases I looked at, the people were pretty ordinary and their intellectual
functioning wasn't of much relevance. Personality characteristics are more
significant."
Gudjonsson, 55, was born in Reykjavik,
Iceland, and came to London in his early 20s, originally to learn English.
He decided to stay on and qualified as a psychologist, joining the Institute
of Psychiatry in 1980. His new book, bringing together all the key research
and evidence in the area of false confessions, has just been published.
However, it was his original work, and
his first book on the subject, published 10 years ago, that had a seminal
effect. First of all, it established false confessions as an issue that
needed to be properly addressed. In the years since, there has been considerable
worldwide research. "Fifteen to 20 years ago, this subject was not being
written about at all," says Gudjonsson, "Now it's difficult to keep up
with the literature."
The second impact has been on the legal
process. For years, the courts had taken the view that expert evidence
from psychologists and psychiatrists was not admissible. Matters such as
how an ordinary person was likely to react to stressful situations were
held to be within the everyday experience of jurors. Even where some degree
of mental incapacity could be shown, the judges were not interested. An
IQ of 69 or below is necessary for a formal description of "mentally handicapped".
In 1986, the Lord Chief Justice, Lord Lane, held that expert evidence in
the case of a defendant with an IQ of 72 was not needed.
The landmark appeal of Engin Raghip, Mark
Braithwaite and Winston Silcott in December 1991, in the PC Blakelock murder
case, broadened and clarified the criteria for the admissibility of psychological
evidence. The Court of Appeal ruled that it was not necessary to rely on
an arbitrary IQ score for defining "mentally handicapped" and, additionally,
accepted the concept of suggestibility under interrogation.
Crucially, the court conceded that neither
high suggestibility nor intellectual limitations could necessarily be perceived
merely by an observation of the defendant's demeanour in the witness box.
Gudjonsson says it was a "groundbreaking judgment for the admissibility
and role of expertpsychological evidence". Judges now routinely admit evidence
about psychological vulnerabilities.
Gudjonsson and MacKeith won the respect
of the judiciary, and by the mid-90s their evidence would frequently prove
decisive in overturning convictions. Gudjonsson has testified at 10 appeals
in London, and been involved altogether in 22 cases in which the convictions
have been overturned on the basis of false confessions.
At the same time, policing has changed
dramatically. There are now far better safeguards for suspects in police
custody - of which the tape-recording of interviews is the most vital -
and far more awareness by police forces of what can go wrong. "There has
been a tremendous improvement," says Gudjonsson, "both in terms of the
interviewing, which is less aggressive and coercive, and in terms of the
quality of information obtained.
"The Metropolitan Police came to me for
advice. They've accepted that mistakes have been made, and have wanted
to learn from those mistakes. I think that's quite remarkable - you don't
see that in any other country."
Though Gudjonsson is frequently asked to
assist with cases in other countries, he still encounters some entrenched
attitudes. "Some countries say, 'We never have a false confession - that's
just something that happens in England.' A police officer in Canada said
to me, 'We're 100% sure in [this] confession. We know when people are telling
the truth or not, we can tell by the non-verbal signs.' In that case, DNA
evidence completely exonerated the man and pointed to someone else." Gudjonsson's
evidence, however, was critical in preventing an execution in Texas - a
particular achievement because the governor at the time, George W Bush,
was notoriously reluctant to halt executions.
Now that false confessions are being properly
adressed, there are three associated areas that still cause concern. The
first is when self-incriminating remarks allegedly made outside the interview
room - for example, during a car journey or in a corridor - are attributed
to a defendant. "You should not rely on uncorroborated conversations",
says Gudjonsson. The second is "cell confession" evidence - where a suspect
has supposedly "confessed" not to police, but to another prisoner. Again,
this is highly contentious.
The third, and greatest, problem area is
false allegations. "I believe false confessions today are less of a problem
than false allegations," says Gudjonsson. "There is accumulating research
evidence that it is much easier for people to make up false allegations,
even serious allegations, than the courts realise.
"People are often too eager to help the
police. They may have an over-extended imagination. If the police ask all
the people from a certain care home, 'Were you abused?' Even that may be
sufficient for people to think, 'Maybe it happened to me then, even though
I don't remember it. I think I was abused. Yes, I must have been abused.'
"It's important that people who make allegations
are very carefully interviewed, because their evidence can easily result
in a miscarriage of justice. All interviews in serious cases should be
tape-recorded." This is a recommendation that Gudjonsson made to the home
affairs select committee, in its inquiry into abuse investigations in care
homes. The committee accepted the recommendation in its report, which is
now being studied by the Home Office.
So-called "recovered memory" cases also
concern him. "If you look at women in recovered memory cases, they are
not highly suggestible, low-IQ people. They tend to be from good backgrounds,
reasonably bright, but they have a capacity to produce a vivid imagination.
The therapist may have some role to play in these cases, but sometimes
people go to therapists because they believe they were abused. So, the
therapist just helps them to 'remember' what they're already predisposed
to 'remember'.
"The courts should be very cautious about
accepting any such evidence without corroboration. The main thing is awareness
of the potential dangers of false testimony."
On one matter, Gudjonsson is resolute.
There is a role for psychological evidence in the courtroom, but it is
circumscribed and psychologists should be aware of the limitations of their
remit. "It's for the jury to decide who to believe," he stresses. "I don't
think psychologists should be brought in to say, this person should be
believed as opposed to another. I'm very keen on psychologists not taking
over as truth-tellers."
* The Psychology of Interrogations and
Confessions: A Handbook is published
by Wiley, £34.95 |