Involuntary false confessions: a legal problem

Wrongful convictions can and do happen. It is the unfortunate truth that our criminal justice system is not immune from judicial and factual errors. When a person is convicted of a crime they did not commit, it entails many issues - these issues include: the innocent person serves a sentence for a crime they did not commit, the real perpetrator is not brought to justice and compensation for the wrongly convicted may cost the taxpayer millions of dollars. The system has failed. Every wrongful conviction challenges the legitimacy of the criminal justice system and raises fair trial concerns. Our legal system therefore needs to have sufficient protections in place to minimise the risk of their occurrence. One contributing factor to wrongful convictions is false confessions. The key question examined in this research is: are involuntary false confessions a legal problem? This thesis examines involuntary false confessions, being false confessions prompted by external factors such as pressure, coercion or other impropriety. The research in this thesis thoroughly examines a number of factors that can contribute to false confessions. The law does not explain why a person would confess to a crime they did not commit. We find the explanations for this phenomenon in forensic psychology. This thesis will therefore outline the forensic psychological explanations for involuntary false confessions. It will further identify the contributing factors to involuntary false confessions and subsequently will analyse whether the law addresses the risk of involuntary false confessions (in criminal procedure and evidence laws). To review whether involuntary false confessions are raised and/or observed in legal practice, this thesis will outline two empirical studies to assess how involuntary false confessions are raised in practice. Firstly, there is an analysis of appellate court decisions handed down between 2004 and 2019. Subsequently, this research outlines an analysis of interviews conducted with representatives and/or associates of Australian Innocence Organisations and criminal defence lawyers from a number of Australian jurisdictions. This thesis concludes that involuntary false confessions are a legal problem risking wrongful convictions. The analysis of the data demonstrates that involuntary false confessions have been observed in practice. The research, therefore, has several recommendations to minimise the risk of their occurrence.