False Confessions

People with Brain Injuries can be vulnerable to false confessions. Many have trouble controlling impulsive behaviour, struggle with poor communication skills and are easily confused which is elevated when they are feeling anxious/under pressure. They may not understand or hear the entire legal caution, become tangential after arrest and say self-incriminating things.

If you suspect that the person you represent may have a Brain Injury and has made a confession, consider first whether there is sufficient evidence of a crime to begin with. If yes, then consider whether:

• The accused confessed because they felt that was what was expected of them
• The accused confessed to something they do not have the capacity to remember
• The accused did not understand the ramifications of the confession
• The people who conducted or were present at the interrogation were not aware that the person had a disability and therefore did not provide any accommodations
• The accused made a confession based in part by confabulation or agreeing with statements true or not