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Interrogated with Intellectual Disabilities: The Risks of False Confession
Stanford Law Review
|February 28, 2018
Summary
Individuals with intellectual disabilities are disproportionately vulnerable to false confessions during police interrogations. Legal safeguards inadequately protect them, leading to wrongful convictions.
Area of Science:
- Forensic Psychology
- Criminal Justice
- Disability Studies
Background:
- False confessions contribute to wrongful convictions, with over 245 exonerations documented.
- Custodial interrogations disproportionately affect vulnerable populations, including individuals with intellectual disabilities.
- Existing legal protections like Miranda waivers and Due Process reviews offer limited defense for this group.
Purpose of the Study:
- To examine the heightened risks of false confessions among individuals with intellectual disabilities during police interrogations.
- To analyze the prevalence of intellectual disability indicators in exonerated individuals who falsely confessed.
- To propose policy and legal reforms to safeguard vulnerable suspects.
Main Methods:
- Analysis of 245 exonerations from the National Registry of Exonerations (as of June 2, 2017) involving false confessions.
- Identification of individuals with indicia of intellectual disability within the analyzed dataset.
- Review of legal scholarship on interrogation tactics and judicial safeguards.
Main Results:
- Over 25% of individuals exonerated for false confessions displayed indicators of intellectual disability.
- This rate significantly exceeds the prevalence of intellectual disability in the general and incarcerated populations.
- Vulnerabilities are present at every stage of the custodial interrogation process.
Conclusions:
- Individuals with intellectual disabilities face extreme risks of false confessions due to interrogation pressures.
- Current legal safeguards are insufficient to protect innocent individuals with intellectual disabilities.
- Policy and doctrinal changes are necessary to prevent wrongful convictions stemming from false confessions.
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