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Unreliable admissions to homicide

A case of misdiagnosis of amnesia and misuse of abreaction technique

Published online by Cambridge University Press:  03 January 2018

Gisli H. Gudjonsson*
Affiliation:
Department of Psychology, Institute of Psychiatry, King's College, London
Michael D. Kopelman
Affiliation:
Neuropsychiatry and Memory Disorders Clinic, Division of Psychiatry and Psychology, St Thomas's Hospital, London
James A. C. MacKeith
Affiliation:
Denis Hill Unit, Bethlem Royal Hospital, Beckenham, Kent
*
Dr G. H. Gudjonsson, Department of Psychiatry, Institute of Psychiatry, De Cresipigny Park, Denmark Hill, London SE5 8AF

Abstract

Background

The past decade has witnessed a recognition that unsafe criminal convictions may be occasioned by unreliable confessions.

Aims

To present a case which illustrates the dangers of using abreaction interview techniques in a legal context and demonstrate the relevance of the memory distrust syndrome to an unsafe confession to murder.

Method

We undertook a detailed assessment of a person appealing against his original murder conviction/the appellant’, and a careful scrutiny of all the relevant papers in the case.

Results

The appellant served 25 years in prison before his conviction was quashed as ‘unsafe’ on the basis of fresh psychological and psychiatric evidence.

Conclusions

Amnesia for an offence had been misdiagnosed, and the use of repeated abreaction interviews had further confused both the appellant and the original court. At the Appeal Court, the advice was that the man had experienced a form of source amnesia which resulted in an unreliable confession.

Type
Papers
Copyright
Copyright © 1999 The Royal College of Psychiatrists 

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Footnotes

Declaration of interest

All three authors were instructed as expert witnesses at the Appeal Court. There was no further involvement of the authors in legal proceedings or advice. The appellant's signed consent to publication was obtained after he had read a longer version of this paper.

References

Brandon, S., Boakes, J., Glaser, D., et al (1998) Recovered memories of childhood sexual abuse. Implications for clinical practice. British Journal of Psychiatry, 172. 296307.CrossRefGoogle ScholarPubMed
Graham, J. R. (1987) The MMPI. A Practical Guide (2nd edn). New York: Oxford University Press.Google Scholar
Gudjonsson, G. H. (1992) The Psychology of Interrogations, Confessions, and Testimony. Chichester: John Wiley & Sons.Google Scholar
Gudjonsson, G. H. (1997a) False memory syndrome and the retractors: methodological and theoretical issues. Psychological Inquiry, 8, 296299.CrossRefGoogle Scholar
Gudjonsson, G. H. (1997b) The Gudjonsson Suggestibility Scates. Hove: Psychology Press.Google Scholar
Gudjonsson, G. H. & MacKeith, J. A. C. (1982) False confessions. Psychological effects of interrogation. A discussion paper. In Reconstructing the Past: The Role of Psychologists in Criminal Trials (ed. Trankell, A.), pp. 253269. Deventer, The Netherlands: Kluwer.Google Scholar
Gudjonsson, G. H. & MacKeith, J. A. C. (1990) A proven case of false confession: psychological aspects of the coerced-compliant type. Medicine, Science and the Law, 30, 329335.CrossRefGoogle ScholarPubMed
Gudjonsson, G. H. & MacKeith, J. A. C. (1994) Learning disability and the Police and Criminal Evidence Act 1984. Protection during investigative interviewing: a video-recorded false confession to double murder. Journal of Forensic Psychiatry, 5. 3549.CrossRefGoogle Scholar
Gudjonsson, G. H. & MacKeith, J. A. C. (1997) Disputed Confessions and the Criminal Justice System. Maudsley Discussion Paper No. 2. London: Institute of Psychiatry.Google Scholar
Hathaway, S. R. & McKinley, J. C. (1991) The Minnesota Multiphasic Personality Inventory Manual. Minneapolis, MN: University of Minnesota Press.Google Scholar
Johnson, M. K., Hashtroudi, S. & Lindsay, D. S. (1993) Source monitoring. Psychological Bulletin, 114, 3 28.CrossRefGoogle ScholarPubMed
Kopelman, H. D. (1995) The assessment of psychogenic amnesia. In Handbook of Memory Disorders (eds Baddetey, AD & Coombs, M.). pp 427 448. Chichester: John Wiley & Sons Google Scholar
Kopdman, H. D. (1999) Varieties of false memory Cognitive Neuropsychology, in press.Google Scholar
Kopdman, H. D., Ng, N. van den Boucke, O. (1997) Confabulation extending across episodic memory personal and general semantic memory. Cognitive Neuropsychology, 14, 683 712 Google Scholar
Korsakoff, S. S. (1889) Psychic disorder in conjunction with peripheral neuritis (trans Victor, M. & Yakovlev, P. I. (1955) Neurology 5, 394 406.Google Scholar
Sigurdsson, J. F. & Gudjonsson, G. H. (1996) Psychological characteristics of ‘false conlessors’. A study among Icelandic prison inmates and juvenile offenders. Personality and individual Differences, 20, 321329.CrossRefGoogle Scholar
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